Pennsylvania Court Dismisses Builders' Challenge of 2009 I-Codes
On August 25, the Commonwealth Court of Pennsylvania dismissed the case in which the Pennsylvania Builders Association challenged the constitutionality of the 2009 Uniform Construction Code (UCC) and its implementation of the 2009 ICC Codes. The 2009 UCC, which has been in effect since January 1, will continue to be enforced. The PBA will have thirty days in which to file an appeal to the Pennsylvania Supreme Court.
The 2009 Uniform Construction Code (UCC) – which incorporates the 2009 IECC with alternative compliance paths through the 2009 IRC (Chapter 11) and the 2009 Pennsylvania Alternative Residential Energy Provisions (PA-Alt) – was approved in December.
On January 19, the Pennsylvania Builders Association (PBA) filed a complaint against the PA Department of Labor and Industry (L&I), challenging the constitutionality of delegating legislative authority to the International Code Council. PBA also requested a preliminary injunction that would have suspended the application of the updated UCC. The case was heard on March 1 in the Commonwealth Court of Pennsylvania by Judge Johnny J. Butler. On March 10, Judge Butler issued a decision denying the PBA’s request.
The denial of the injunction allowed the updated UCC, which has been in effect since January 1, to continue to be enforced while the trial moved forward. Arguments for the constitutional trial were heard in June.
More Information: Commonwealth Court Decision | IRRC Final Approval Notice
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