Codes Are Meant To Protect
Consumers, Not Trade
Julius Ballancos claim in his column in
the November 2007 issue of PM Engineer
that he sees codes and standards used to
restrict trade could not be further from
the truth when it comes to the decision of
the Michigan Construction Code Com -
mission to deny approval of imported
cast-iron soil pipe and fittings from Chi -
na for use on state construction projects
in the state of Michigan.
In the Michigan case, the U.S. import -
er had requested official approval of the
products it was reselling. The importer
was denied approval on the technical mer-
its the Michigan authorities were sim
-
ply unable to conclude despite numerous
inquiries and hearings that the products
the importer was outsourcing conformed
to applicable product standards referenced
in the Michigan Plumbing Code. Mr. Bal -
lancos imagined competitive restraint
ignores hours and hours of work by Mich -
igan regulators to satisfy themselves that
their approval could be granted and the
importers failure to satisfactorily answer
their legitimate questions.
The fact that Mr. Ballanco was a paid
consultant for the importer at the same
time that he mischaracterized the Michi -
gan actions is mind-boggling. In the hear-
ings, Mr. Ballanco tried to make the case
that the reseller was the manufacturer
for the purposes of meeting the standard,
even though the importer does not own
or operate any manufacturing plants and
the standard clearly defines the manufac -
turer as the entity that cast the pipe and
fittings. Only the foundry that poured
the molten iron can verify quality con-
trol procedures were followed at the time
the material was cast. No third party or
reseller can do that after the fact.
The actual facts are that close examina -
tion of test reports provided by the import
-
er in the Michigan case consistently revealed
incomplete or inaccurate information in
repeated submittals. Specifiers examining
these same test reports would be left to guess
whether the products were manufactured in
compliance with the standard. Mr. Ballanco
claimed in his column that other states had
already approved the Chinese pipe, but, to
our knowledge, no other state has approved
cast-iron soil pipe and fittings domestic
or foreign. Nor did Michigan, not because
of personal prejudice as imagined by Mr.
Ballanco, but on the technical merits.
Simply demanding that foreign-made
products prove they meet the standard is
not an abuse of power but a require
-
ment of those entrusted with protecting
the health, welfare and interest of consum -
ers and taxpayers. And Mr. Ballanco ought
to know. As he wrote in a June 2006 col -
umn (when his self-interest was not impli -
cated), if foreign manufacturers want to
sell their products in the United States,
they have to play by the rules. Those rules
are the plumbing codes and standards
adopted in this country. A good inspector
knows all about the plumbing standards.
They are required to enforce the code, and
to do so correctly, they must enforce the
requirements in the standards.
Makes good sense to me and the
good people of Michigan.
Bill LeVan
Executive Vice President
Cast Iron Soil Pipe Institute
Chattanooga, TN
Letters
PME Letters
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Reprinted with permission from PM Engineer, January 2008 © 2008, BNP Media
AR-PME(108)