STATE OF MINNESOTA. OFFICE OF ADMINISTRATIVE HEARINGS OAH File No. 12-1900-16739-10 In the Matter of the Petition of ‘ALJ Steve M. Mihalchick ‘he Minnesota Pipe Trades Association for a Declaration that the Interim Approval for Air Admittance Valves Issued by he Minnesota Department of Health APRIDAVIT OF TIMOTHY McQUILLAN Is An Unadopted Rule STATE OF MINNESOTA COUNTY OF HENNEPIN: hs Timothy MeQuillan, being first duly sworn, upon oath deposes and says 1. Tam a member of the Minnesota Mechanical Contactors Association (¢MMCA"), wich has been permitted to intervene in the above-titled proceeding. 2, Thave also been a member of the Minnesota Plumbing Advisory Council (the “Couneil”) for the past four years. 3. The Council makes recommendations regarding new produets and methods affecting the plumbing industry, as well as recommendations as to the amendment, repeal, and proposal of rules to the Minnesota Plumbing Code (“the Code”). The Council actively panicipated in the rule making proceedings in 2002 regarding proposed amendment to permanent rules of the Code. Among other things, the Council supported the decision of the a permit the use of Air Admittance Valves (“AVS”) 4, The Mechanical Contractors Association of American (CMCAA"), with 1,800 embers, and its local chapter, the MMCA, with over 150 members, represent contractors who perform the installation and servicing of plumbing, heating and cooling equipment Whether itis-vnter, natural gas ol, sir or any other medium—it itis in a pipe, mechanical contractors do it, cour contractors range in size from a couple of employees to hundreds of ‘employees, and in type fom repairing plumbing in your home to re-piping the Flint ills Refinery. MMCA members tired over 6,000 employees and performed over $12 billion of construction business last year eC cm all aspects of our industry, including plumbing codes, MMCA contractors and their employees are wained, qualified, and licensed to perform plumbing end mechanical contracting work in order to protect the public and themselves. 5, The MMCA serves to promote high quality workmanship in the plumbing ee ot ey, ee and adoption of adequate sanitary laws. The MMCA serves to promote and maintain good employment and industrial relationship, edueate the members ofthe industry on the principals of sanitation, promote the standardization of fitings and osher plumbing, heating, and mechanical equipmen/materials, and encourage and support an apprenticeship system within the industry and the waining of apprentices thereunder. 6. ‘Tae MMCA’s interest in the plumbing industry, as well as its involvement 25 a member of the Counei, renders it directly and adversely affected by the October 8, 2004 Interim Approval for AAVs issued by MDH. re cee pots es pect ot pe ee i environment, Our members financially contribute to our organization so that we may further these interests, Our mission is to keep plumbing practices in Minnesota safe and to uphold the provisions of the Code. AAYs are directly prohibited by the Code, Minn. R. 4715.0200(D, assorll as sound plumbing practices, and therefore MIMICA has an interest in Keeping AAVs out of plumbing fixtures. & Second, if AVS are permitted in Minnesota's plumbing systems, even though the Code does not authorize their use and in fact specifically prohibits their use under Minn R 4715.02000 (), our members could be subject to liability and personal injury. 9. Specifically, MMCA members include thousands of plumbing, heating, and cooting workers throughout the State of Minnesota. Our members work im. on and around plumbing fixtures in both residential and commercial buildings. Our members are required by their profession, and to maintain thei livelihood, o build, instal, maintain, and repair all types of plumbing fixtures and related systems. Our members cannot simply refuse to work on a propeny involving AAV installation, maintenance, or repair because they cannot afford to tum away work in the competitive marketplace, As such, our members are exposed 10 potential personal harm from any unsound plumbing fixture that they may be required fo install, or that may be pre-existing when they enter a building, such as an AAV. Because our members spend smuich of their day literally in and around plumbing fixtures, and because AAs are probibited by the Code and have not been proven safe to public heaith, our members’ potential exposure to injury has been greatly increased by the Interim Approval. io) Furie f AAV ae lawfily peoited to be usd thoughout Minnesota e+ dhe October 8, 2004 ein Apo") OST SANSUI AAV romorional terse boasts await” eadonal venison stems, on which our ees? eliood depends.) sch AAVS it innate significant amoune of ou [HRB way ofa device that is not even permitted by the Code.11, Third, tbe Council is an appointed body of plumbing professionals whose mission js wo look after the best interests of the public. Private phumbing-fixture distributors such as Srador may not be concerned with public health or safety. As a member of the Council, any plumbing device that MMCA does not approve of, we recommend that it not be permitted in the Code, AAVs are such a device. The fact that MDH decided to approve of AVS a5 an alterative device, after previously and strenuously expressing its disapproval for AAVs based on safety, health, and the plain language of the plumbing Code, makes a mockery of the Council's recommendations. subscribed and swam to before me this 20” day ee 2005. Auicelle Peceire Notary Public y612n2500017890860_1