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KESLER & SONS CONST. CO v. UTAH STATE DIV. OF HEALTH

No. 12948.

513 P.2d 1017 (1973)

30 Utah 2d 90

KESLER & SONS CONSTRUCTION COMPANY, Plaintiff and Appellant, v. UTAH STATE DIVISION OF HEALTH et al., Defendants and Respondents.

Supreme Court of Utah.

September 4, 1973.

Attorney(s) appearing for the Case

Stephen G. Morgan and Grant S. Kesler, of Morgan, Scalley, Lunt & Kesler, Salt Lake City, for plaintiff and appellant.

Vernon B. Romney, Atty. Gen., Verl R. Topham, G. Blaine Davis, Asst. Attys. Gen., Carl J. Nemelka, Salt Lake County Atty., Lothaire R. Rich, Deputy Salt Lake County Atty., Salt Lake City, for defendants and respondents.

CROCKETT, Justice:

Kesler & Sons, plumbing contractors, sued the State Division of Health to enjoin the enforcement of a regulation which required the installation of a certain type of back-flow prevention device in installing sprinkler systems, contending that it is invalid and unconstitutional. After a trial, the trial court refused to so rule and plaintiff appeals.

Section 26-15-4(21), U.C.A. 1953, authorizes the State Department of Health:

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