from Potter County Fire News – Click Here for More.
PA Builders Assn. loses bid to stop new state building codes. On Wednesday, Commonwealth Court dismissed a petition by the Pennsylvania Builders Association to stop the enforcement of new state building codes. The court disagreed with the association’s argument that Pennsylvania Department of Labor and Industry’s implementation and enforcement of new building codes, established by a non-governmental body, is unconstitutional. In the court ruling, Judge Johnny J. Butler wrote the decision by state lawmakers to have Pennsylvania adopt whatever building codes are approved by the International Code Council “neither improperly delegated the General Assembly’s rule-making authority, nor its authority over the execution and administration of that law, so L&I’s adoption of ICC’s 2009 codes as Pennsylvania’s 2009 UCC did not violate Article II, Section 1 of the Pennsylvania Constitution.” Butler added that the association did not “overcome their burden of demonstrating that the PCCA
Pennsylvania Construction Code Act of 1999] clearly, palpably, and plainly violated the Pennsylvania Constitution.” Back in March, Butler, who was the secretary of the Pennsylvania Department of Labor and Industry from 1995 to 2003, denied a preliminary injunction request from the builders association. that decision. The builders association claims that the new and amended provisions of the 2009 building codes, especially a requirement to install sprinkler systems in all newly-built homes, have the effect of increasing the cost of a new home by approximately $15,000.