AMERICAN SOCIETY FOR TESTING AND MATERIALS et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 198

MOTION for Summary Judgment by AMERICAN SOCIETY FOR TESTING AND MATERIALS, AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR-CONDITIONING ENGINEERS, INC., NATIONAL FIRE PROTECTION ASSOCIATION, INC. (Attachments: # 1 Memorandum in Support, # 2 Appendix A, # 3 Statement of Facts, # 4 Annex A, # 5 Declaration Jane W. Wise, # 6 Exhibit 1-29, # 7 Exhibit 30-44, # 8 Exhibit 45-66, # 9 Exhibit 67-81, # 10 Exhibit 82-109, # 11 Exhibit 110-125, # 12 Exhibit 126-140, # 13 Exhibit 141-148, # 14 Exhibit 149, # 15 Exhibit 150 Part 1, # 16 Exhibit 150 Part 2, # 17 Exhibit 150 Part 3, # 18 Exhibit 150 Part 4, # 19 Exhibit 150 Part 5, # 20 Exhibit 150 Part 6, # 21 Exhibit 150 Part 7, # 22 Exhibit 150 Part 8, # 23 Exhibit 150 Part 9, # 24 Exhibit 150 Part 10, # 25 Exhibit 150 Part 11, # 26 Exhibit 150 Part 12, # 27 Exhibit 150 Part 13, # 28 Exhibit 150 Part 14, # 29 Exhibit 150 Part 15, # 30 Exhibit 151 Part 1, # 31 Exhibit 151 Part 2, # 32 Exhibit 151 Part 3, # 33 Exhibit 152 Part 1, # 34 Exhibit 152 Part 2, # 35 Exhibit 152 Part 3, # 36 Exhibit 152 Part 4, # 37 Exhibit 152 Part 5, # 38 Exhibit 153 Part 1, # 39 Exhibit 153 Part 2, # 40 Exhibit 154-156, # 41 Exhibit 157, # 42 Exhibit 158, # 43 Exhibit 159, # 44 Exhibit 160, # 45 Exhibit 161, # 46 Exhibit 162, # 47 Exhibit 163, # 48 Exhibit 164-173, # 49 Declaration James S. Thomas and Exs. 1-9, # 50 Declaration James Pauley, # 51 Exhibit A-V, # 52 Exhibit W-OO, # 53 Declaration Stephanie Reiniche and Exs. 1-2, # 54 Declaration Christopher Butler, # 55 Text of Proposed Order Proposed Order and Injunction)(Fee, J.). Added MOTION for Permanent Injunction on 10/8/2019 (ztd).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN SOCIETY FOR TESTING
AND MATERIALS d/b/a ASTM
INTERNATIONAL;
NATIONAL FIRE PROTECTION
ASSOCIATION, INC.; and
AMERICAN SOCIETY OF HEATING,
REFRIGERATING, AND AIR
CONDITIONING ENGINEERS,

Case No. 1:13-cv-01215-TSC

Plaintiffs/
Counter-Defendants,
v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant/
Counter-Plaintiff.
SUPPLEMENTAL DECLARATION OF JAMES T. PAULEY
IN SUPPORT OF PLAINTIFFS’ SECOND MOTION FOR SUMMARY JUDGMENT
AND A PERMANENT INJUNCTION
I, James T. Pauley, declare as follows:
1.

I am the President and Chief Executive Officer of the National Fire Protection

Association (“NFPA”) and have been since July 1, 2014. I am generally responsible for the
management, direction and administration of NFPA and its activities, including NFPA’s
standards development activities. The following facts are based upon my own personal
knowledge, and if called upon to do so, I could and would testify competently thereto.
2.

I previously submitted a declaration in November 2015, in support of Plaintiffs’

Motion for Summary Judgment (Dkt. 118-8). That declaration provided background regarding
NFPA, its standards development process and standards, and the importance of copyright to its

ability to serve its overall mission. I submit this declaration to provide additional testimony in
support of Plaintiffs’ Second Motion for Summary Judgement and a Permanent Injunction.
NFPA Owns Copyrights in Its Standards
3.

NFPA owns the copyrights to over 300 standards it has published. This litigation

involves 23 of NFPA’s copyrighted standards.
4.

True and correct copies of the following NFPA standards are attached as exhibits

hereto1 and filed under seal so they cannot be copied and distributed:
Designation
NFPA 1
NFPA 1
NFPA 10
NFPA 11
NFPA 12
NFPA 13
NFPA 25

Edition
2003
2006
2002
2005
2005
2002
2002

NFPA 30
NFPA 54
NFPA 58
NFPA 58
NFPA 59
NFPA 70
NFPA 70
NFPA 70
NFPA 70
NFPA 72
NFPA 99
NFPA 101
NFPA 101
NFPA 101
NFPA 704

2003
2006
2001
2004
2004
1999
2005
2008
2014
2002
2005
2000
2003
2006
2007

Title
Uniform Fire Code
Uniform Fire Code
Standard for Portable Fire Extinguishers
Standard for Low Medium and High Expansion Foam
Standard on Carbon Dioxide Extinguishing Systems
Installation of Sprinkler Systems
Inspection, Testing and Maintenance of Water-Based Fire
Protection Systems
Flammable and Combustible Liquids Code
National Fuel Gas Code
Liquefied Petroleum Gas Code
Liquefied Petroleum Gas Code
Utility LP Gas Plant Code
National Electrical Code
National Electrical Code
National Electrical Code
National Electrical Code
National Fire Alarm Code
Health Care Facilities Code
Life Safety Code
Life Safety Code
Life Safety Code
Standard System for the Identification of the Hazards of
Materials for Emergency Response

Exhibit
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V

NFPA previously filed a true and correct copy of NFPA 70 (2011 ed.), the National Electrical
Code (“NEC”), as Exhibit A to the declaration of Christian Dubay, Dkts. 155-6 (redacted); 154-2
(motion to seal), 162 (sealed).

1

2

5.

NFPA previously submitted the copyright registration certificates for NFPA 70,

the National Electrical Code (2011 ed.) and (2014 ed.), as Exhibits A & B to the declaration of
Dennis Berry (Dkt. 118-3). Copyright registration certificates for NFPA’s other standards at
issue in this litigation are attached hereto as set forth below.
6.

NFPA owns a United States copyright registration for NFPA 1 (2003 ed.), the

Uniform Fire Code. Attached as Exhibit W to this declaration is a true and correct copy of the
registration certificate for this work, TX 5-970-602.
7.

NFPA owns a United States copyright registration for NFPA 1 (2006 ed.), the

Uniform Fire Code. Attached as Exhibit X to this declaration is a true and correct copy of the
registration certificate for this work, TX 6-261-668.
8.

NFPA owns a United States copyright registration for NFPA 10 (2002 ed.) the

Standard for Portable Fire Extinguishers, NFPA 13 (2002 ed.) Installation of Sprinkler Systems,
NFPA 25 (2002 ed.) Inspection, Testing and Maintenance of Water-Based Fire Protection
Systems, registered under the title “National Fire Codes Vol. 1-12 and Master Index.” Attached
as Exhibit Y to this declaration is a true and correct copy of the registration certificate for this
work, TX 5-752-623.
9.

NFPA owns a United States copyright registration for NFPA 11 (2005 ed.) the

Standard for Low Medium and High Expansion Foam. Attached as Exhibit Z to this declaration
is a true and correct copy of the registration certificate for this work, TX 6-160-768.
10.

NFPA owns a United States copyright registration for NFPA 12 (2005 ed.) the

Standard on Carbon Dioxide Extinguishing Systems. Attached as Exhibit AA to this declaration
is a true and correct copy of the registration certificate for this work, TX 6-232-876.

3

11.

NFPA owns a United States copyright registration for NFPA 30 (2003 ed.)

Flammable and Combustible Liquids Code. Attached as Exhibit BB to this declaration is a true
and correct copy of the registration certificate for this work, TX 5-905-038.
12.

NFPA owns a United States copyright registration for NFPA 54 (2006 ed.)

National Fuel Gas Code. Attached as Exhibit CC to this declaration is a true and correct copy of
the registration certificate for this work, TX 6-261-666.
13.

NFPA owns a United States copyright registration for NFPA 58 (2001 ed.)

Liquefied Petroleum Gas Code (title registered as “National Fire Codes Vol 3”). Attached as
Exhibit DD to this declaration is a true and correct copy of the registration certificate for this
work, TX 5-401-672.
14.

NFPA owns a United States copyright registration for NFPA 58 (2004 ed.)

Liquefied Petroleum Gas Code. Attached as Exhibit EE to this declaration is a true and correct
copy of the registration certificate for this work, TX 5-956-112.
15.

NFPA owns a United States copyright registration for NFPA 59 (2004 ed.) Utility

LP Gas Plant Code. Attached as Exhibit FF to this declaration is a true and correct copy of the
registration certificate for this work, TX 5-953-205.
16.

NFPA owns a United States copyright registration for NFPA 70 (1999 ed.)

National Electrical Code. Attached as Exhibit GG to this declaration is a true and correct copy
of the registration certificate for this work, TX 4-092-419.
17.

NFPA owns a United States copyright registration for NFPA 70 (2005 ed.)

National Electrical Code. Attached as Exhibit HH to this declaration is a true and correct copy
of the registration certificate for this work, TX 6-108-410.

4

18.

NFPA owns a United States copyright registration for NFPA 70 (2008 ed.)

National Electrical Code. Attached as Exhibit II to this declaration is a true and correct copy of
the registration certificate for this work, TX 6-966-113.
19.

NFPA owns a United States copyright registration for NFPA 72 (2002 ed.)

National Fire Alarm Code. Attached as Exhibit JJ to this declaration is a true and correct copy of
the registration certificate for this work, TX 5-841-133.
20.

NFPA owns a United States copyright registration for NFPA 99 (2005 ed.) Health

Care Facilities Code. Attached as Exhibit KK to this declaration is a true and correct copy of the
registration certificate for this work, TX 6-153-939.
21.

NFPA owns a United States copyright registration for NFPA 101 (2000 ed.) Life

Safety Code. Attached as Exhibit LL to this declaration is a true and correct copy of the
registration certificate for this work, TX 5-371-918.
22.

NFPA owns a United States copyright registration for NFPA 101 (2003 ed.) Life

Safety Code. Attached as Exhibit MM to this declaration is a true and correct copy of the
registration certificate for this work, TX 5-841-134.
23.

NFPA owns a United States copyright registration for NFPA 101 (2006 ed.) Life

Safety Code. Attached as Exhibit NN to this declaration is a true and correct copy of the
registration certificate for this work, TX 6-294-334.
24.

NFPA owns a United States copyright registration for NFPA 704 (2007 ed.)

Standard System for the Identification of the Hazards of Materials for Emergency Response.
Attached as Exhibit OO to this declaration is a true and correct copy of the registration certificate
for this work, TX 6-445-855.

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Incorporation by Reference of NFPA’s Standards
25.

Federal agencies, states, and local governments sometimes incorporate NFPA’s

standards (or portions thereof) by reference into their regulations, statutes, or ordinances. Such
entities frequently set forth their own amendments or modifications that are specific to their
respective jurisdictions. We refer to an entity (usually a governmental body) that enforces a
standard as an Authority Having Jurisdiction (“AHJ”). It is the incorporating entity of agency or
the relevant AHJ, not NFPA, that decides which legal duties will apply, to whom those duties
will apply, and the procedures and policies relating to enforcement, within the entity’s or the
AHJ’s jurisdiction.
26.

The NFPA standards at issue in this litigation provide that there may be other

ways, in addition to those set out within a published standard, for persons within a jurisdiction to
satisfy their particular legal obligations. For example, NFPA 54, 2006 ed., the National Fuel Gas
Code, states that its provisions “are not intended to prevent the use of any material, method of
construction, or installation procedure not specifically prescribed by this code, provided any such
alternative is acceptable to the authority having jurisdiction.” Ex. I at ch. 1.4 “Equivalency”
(NFPA-PR0014798). I am aware that substantively similar provisions appear in each of the
other standards at issue.
27.

Although AHJs or other entities may incorporate our standards by reference,

portions within each of our standards provide options or examples. As explained in, for
example, the 2014 NEC (NFPA 70), the standards include “Permissive Rules” which are defined
as “those that identify actions that are allowed but not required, are normally used to describe
options or alternative methods, and are characterized by the use of the terms shall be permitted
or shall not be required.” Ex. P at art. 90-5(B) (NFPA-PR0098088). An example of such an
optional rule is article 324.56(A) of the 2014 NEC regarding FCC Systems Alterations, which
6

states “Alterations to FCC systems shall be permitted. . . . It shall be permitted to leave unused
cable runs and associated cable connectors in place and energized.” Id. at art. 324.56(A) (NFPAPR0098260).
28.

Further, all of NFPA’s standards include text that does not set forth any

obligation. I describe these sections below.
a. Prefatory Notices: NFPA’s standards generally include a section setting forth
notices, including information regarding the voluntary consensus standards
development process, and disclaimers and copyright information, regarding the
publication.
b. History, Development and Edition Information: NFPA’s standards generally
include introductory and background information about, for example, the origin of
the standards and its purpose, relation to other standards, and edition-specific
information.
c. Reference and Informational Notes: NFPA’s standards often include in-line
informational notes throughout the text of each standard. The informational notes
provide context, background, cross-references, and other explanatory material.
For some of our standards, the text explicitly qualifies the informational notes as
“not enforceable as requirements.” For example, article 90-5(C) of the 2014 NEC
(NFPA 70) provides: “Explanatory material, such as references to other
standards, references to relates sections of this Code, or information related to a
Code rule, is included in this Code in the form of informational notes.” Ex. P at
art. 90-5(C) (NFPA-PR0098088). As the NEC makes clear: “such notes are
informational only and are no enforceable as requirements of this Code.” Id.

7

(emphasis added). An example of the type of material written in informational
notes is art. 110-11, Informational Note No. 2, of the same publication: “Some
cleaning and lubricating compounds can cause severe deterioration of many
plastic materials used for insulating and structural applications in equipment.” Id.
at art. 110-11 n.2 (NFPA-PR0098100). Someone could paraphrase or use their
own words to describe this same information, rather than copying NFPA’s words.
d. Diagrams, Figures, and Illustrations: NFPA’s standards generally include
diagrams, figures, or illustrations that depict material set forth in the text of the
standard, but that do not themselves state any legal duty. For example, in the
2014 NEC, Figure 220.1 provides a graphical summary of how the text of Article
220 is organized. Ex. P at Figure 220.1 (NFPA-PR0098129). If someone wanted
to write their own description of the organizational structure of Article 220, that
person could do so using different words or different illustrations than the one
NFPA created.
e. Examples: NFPA’s standards generally include non-exhaustive lists or
exemplary calculations. For example, in the 2014 NEC, article 550.4(A) lists
examples of a mobile home not intended as a dwelling unit: “those equipped for
sleeping purposes only, contractor’s on-site offices, construction job dormitories,
mobile studio dressing rooms, banks, clinics, mobile stores, or intended for the
display or demonstration of merchandise or machinery.” Id. at art. 550.4(A)
(NFPA-PR0098568). These illustrative examples do not impose any requirement.
If someone wanted to create their own list of examples of a mobile home that is
not intended as a dwelling unit, that person could come up with their own

8

examples, could use different words to describe even the examples that NFPA
provides, and could list their examples in a different order.
f. Informational Annexes: All of the standards in this litigation, and our standards
generally, include informational annexes. These informational annexes typically
provide that they are informational only, although they can contain a variety of
material. For example, Annex A to NFPA 13 (2002 ed.), Installation of Sprinkler
Systems, is entitled “Explanatory Material,” which states “Annex A is not a part
of the requirements of this NFPA document but is included for informational
purposes only. This annex contains explanatory material numbered to correspond
with the applicable text paragraphs.” Ex. F at Annex A (NFPA-PR0014507).
Some informational annexes contain standards that may be binding, but only if an
AHJ specifically incorporates the informational annex by reference. For example,
Annex H to NFPA 70 (2014 ed.), the National Electrical Code, is entitled
“Administration and Enforcement.” That annex specifically states that it is “not a
part of the requirements of this NFPA document and is included for informational
purposes only . . . unless specifically adopted by the local jurisdiction adopting
the National Electrical Code®.” Ex. P at Annex H (NFPA-PR0098919).
g. Proposal Forms: Our standards generally include information about the
committee process and proposal forms so the reader can submit suggested
language for future editions.
29.

The non-binding materials I have described in the preceding paragraph serves

NFPA’s overall goal of public safety by providing the ultimate user of the standard—whether an

9

engineer, contractor, architect, or anyone else—with additional references or material related to
the subject of the standard.
PRO’s Continues to Copy and Distribute NFPA’s Standards and
Use NFPA’s Trademarks and Logo
30.

I am aware that Public.Resource.Org has copied and published NFPA’s 2017

National Electrical Code to the Internet Archive website.
31.

In addition, I am aware that after the D.C. Circuit remand, Public.Resource.Org

re-posted NFPA’s standards to the Internet Archive website. Those versions have received many
more views and downloads since they were reposted. Anyone can freely download, copy, print
and redistribute these versions of NFPA’s standards from the Internet Archive website.
32.

I understand that Public.Resource.Org has represented that it has removed all of

the Plaintiffs’ logos from the versions of the standards it posts to the Internet Archive website.
PRO has not removed the trademarked logo for the National Electrical Code. See Berry Decl.
¶¶ 8-9, Exs. H, I (trademarks for NFPA 70 and NEC logo).
PRO Interferes with NFPA’s Actual and Potential Market for Its Standards
33.

NFPA depends on the sale of standards to fuel its overall mission-driven work. In

2018, NFPA’s publication sales accounted for approximately 64% of NFPA’s total operating
revenues. The vast majority of that revenue is from the sale of codes and standards, including
those standards that have been incorporated by reference.
34.

NFPA’s standards are purchased and used predominantly by industry

professionals and tradespeople (either individually or by their companies and organizations) who
use these standards in the course of their business, such as contractors, engineers, electricians,
architects, and electrical equipment manufacturers.

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35.

The versions of our standards posted by Public.Resource.Org and available for

unrestricted download and use compete directly with our standards in the market. If the
professionals and tradespeople are able to access and download nearly-identical standards
without incurring any cost through Public.Resource.Org’s postings to the Internet Archive, they
will not buy our publications (or use our free access website, as I discuss more below). This
hurts our revenue and, in turn, ability to pursue our overall mission.
36.

NFPA also earns significant revenue from licensing its standards to other

companies and organizations to use in their products and services, for example, derivative works
like checklists based on the standards. Pursuant to those licenses, NFPA provides licensees with
copies of its standards or portions thereof in formats that the licensee may use in conjunction
with software or other forms of dissemination. NFPA’s licenses likely would lose significant
value if the licensees or their customers could obtain the same material from
Public.Resource.Org in digital format, without cost, and without restrictions on further
dissemination.
37.

Public.Resource.Org’s postings threaten NFPA’s ability to control the further

dissemination and use of its standards. Because Public.Resource.Org offers unrestricted and
anonymous access to NFPA’s standards in multiple formats (unlike NFPA’s free access), NFPA
has absolutely no means of tracking down those individuals who use Public.Resource.Org’s
versions of NFPA’s standards for their commercial businesses, or for sale to other individuals
and entities.
38.

Although our revenue is somewhat cyclical with our publications (higher when

new publications are released), in recent years, NFPA’s revenue from the sale of standards has
been declining. We attribute this decline, at least in part, to Public.Resource.Org’s making

11

copies of NFPA’s standards widely available, including for use by those same industry
professionals who would otherwise purchase copies or digital subscription access.
Public.Resource.Org’s Postings Contain Errors
39.

I understand that Public.Resource.Org converted NFPA standards to different

formats and posted those versions on the internet. The conversion process inevitably resulted in
errors. For example, I am aware that the full text version of the 2011 version of the NEC that
was posted to Public.Resource.Org’s website contains many errors.2 These include many
obvious typographical errors, but they also include errors that distort the meaning of the
standard. Some of those errors are:
a. Article 310.10(F) of the 2011 NEC addresses conductors used in direct-burial
applications, and states: “Cables rated above 2000 volts shall be shielded.” This
requirement that high-voltage cables in direct-burial applications be shielded is
important to prevent damage to the cables and a resulting risk of electrical shock.
This language, however, is completely omitted from the full text version that was
posted on Public.Resource.Org’s website.
b. Article 424.59 of the 2011 NEC states that “heaters installed within 1.2m (4 ft) of
the outlet of an air-moving device . . . may require turning vanes, pressure plates,
or other devices on the inlet side of the duct heater to ensure an even distribution
of air over the face of the heater.” In Public.Resource.Org’s full text version
however, the “m”—representing meters—is incorrectly rendered as “in”—which
represents inches. In other words, the Public.Resource.Org version says that the

2

Public.Resource.Org makes this version available at
https://archive.org/details/gov.law.nfpa.nec.2011.
12

requirement is only triggered if a heater is less than 1.2 inches from an air-moving
device, rather than the correct and much greater distance of 1.2 meters.
c. Article 430.35(B) of the 2011 NEC states that “motor overload protection shall
not be shunted or cut out during the starting period if the motor is automatically
started” (emphasis added). Inadequate motor overload protection can result in
overheating and damage. In Public.Resource.Org’s full text version, however,
this provision incorrectly says that motor overload protection shall not be shunted
or cut out during the “stalling period” (emphasis added).3
d. There are many typographical errors in the cross-references in
Public.Resource.Org’s full text version. In order to understand a provision of the
NEC that contains a cross-reference, the user must be able to identify and refer to
the Article identified in that cross-reference. However, Public.Resource.Org’s
full text version contains many erroneous cross-references including in Articles
310.10(E), 410.140(D), 430.75, 504.70, 645.10(B), 670.3(B), 680.25(B).
NFPA Provides Free Access to the Standards
40.

Since 2006, NFPA has offered a dedicated website that provides free access to its

standards. It has been and remains committed to providing the full text of NFPA standards that
have been incorporated by reference available, without cost, for viewing on its website.
41.

Each of the 23 standards at issue in this litigation is available through a link, and

after logging into that individual’s account, on our free access website, available at
https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/Free-access.

https://archive.org/stream/gov.law.nfpa.nec.2011/nfpa.nec.2011_djvu.txt (the incorrect
language also appears out of order under section 430.42 in the full text version).
3

13

42.

This access ensures that if someone does not have ready access to a printed copy

of a particular standard, that person can locate and read the material that is of interest to them.4
Thousands of individuals access NFPA’s standards through the free access website each year.
This access is “read only,” meaning that someone viewing the material online cannot download,
copy, or disseminate the published standard.
43.

We believe that our read only access appropriately balances our rights and our

need to generate revenue to pursue our mission with the desire of others to read the codes and
standards. We also believe that it is efficient to spread the cost of the standards development
activity across the world of professionals who use our standards to do their jobs such that any
one is paying a reasonable cost (around $100 or less) for a copy of one of our standards. I
created a video regarding this balance which is available on our website at
https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/Free-access.
44.

When NFPA becomes aware of jurisdictions that incorporate its standards by

reference, NFPA encourages those jurisdictions to link their websites to NFPA’s free, online
version of the standards. NFPA provides a “Free Access Widget” that easily enables such
access.
45.

NFPA views this free access as in furtherance of its overall mission. Read only

access allows any member of the public wishing to know what an incorporated standard says on
any topic that may be of interest to that member of the public. NFPA’s free access also
encourages increased visits to NFPA’s website. Users who visit NFPA’s website may engage
with NFPA on public-safety awareness efforts, trainings, and publications. NFPA hopes that

NFPA makes other accommodations available for visually impaired individuals who can either
contact NFPA directly, or use NFPA’s standards in accessible format through the National
Library System’s access for visually impaired individuals.

4

14

these individuals may someday become members, contributors, and otherwise involved in
NFPA’s important work.
NFPA’s CodeFinderTM and Other Informational Resources
46.

NFPA has also devoted resources to researching and consolidating information

regarding which jurisdictions have incorporated NFPA standards into local, state, or federal laws
or regulations. This information is provided as an informational and educational resource so the
public can know which NFPA standards govern in particular jurisdictions.
47.

NFPA offers two dedicated websites with this information: The NEC Adoptions

Map, https://www.nfpa.org/NEC/NEC-adoption-and-use/NEC-adoption-maps, and
CodeFinderTM https://codefinder.nfpa.org. As NFPA explains to the public when they use the
CodeFinderTM tool: “Publication of this tool is for the sole purpose of creating general public
awareness of some of the jurisdictions where [AHJs] may require the use of NFPA codes and/or
standards.”

15

I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct and that this declaration was executed this

4th

of Octo ber,2019 at Quincy,

Massachusetts.

T. PAULEY

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