| NFSA IRC Update Pennsylvania | ||||||||||||||
| Providing an update on adoption of the International Residential Code and the requirement of fire sprinkler adoption of dwellings. | ||||||||||||||
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Current IRC Status Reports: On August 25th the Pennsylvania Commonwealth Court rendered their decision dismissing the charge by the Pennsylvania Builders Association that the 2009 I Code adoption process was unconstitutional (Pennsylvania) and that the Pennsylvania Legislature had turned over its authority to L&I allowing L&I to enact code changes without any legislative decision. On June 23rd Pennsylvania Commonwealth Court heard testimony from the attorneys representing the Pennsylvania Builders Association (PBA) and the PA Department of Labor and Industry (L&I). The argument presented was over the constitutionality of the process involving the model code adoptions for the PA Uniform Construction Code (UCC). Each attorney presented their side of the argument and answered questions from the seven judge panel. Two main points were argued. The PBA claimed that the Legislature had turned over its authority to L&I allowing L&I to enact code changes without any legislative decision. Also, prior to the 2009 adoption there was no public input or hearings, which Judge Butler pointed out was corrected in 2008 with the creation of the UCC Review and Advisory Council (RAC). The RAC holds hearings for exclusions from provisions of various model code revisions. The PBA also presented an issue on the RAC’s authority, whereas, they can only exclude a provision but can’t modify it. It is uncertain how the court will rule. The court has 90 days to render a decision. On May 4, 2010 a group from the PA Residential Fire Sprinkler Coalition divided up into four teams and visited Senate members of the Senate Appropriation Committee to enlighten them on the misinformation the Pennsylvania Home Builders Association has been distributed in the media and in letters about residential sprinklers. The coalition presented information to support sprinklers and the 2009 edition of the I Codes and asked the members of the appropriations committee not to amend the bill to delete sprinklers or rollback the codes to the 2006 edition. Following the visits with the Senators’ Offices, coalition members were joined by PA House Representatives Mike McGeehan and Tim Solobay for a press conference in the Capital Rotunda. On March 1, 2010 the Commonwealth Court of Pennsylvania denied the request for an injunction by the home builders, chiefly the Pennsylvania Builders Association (PBA), to halt the implementation of the adopted 2009 International Building Codes. The main objective of the PBA is to stop the implementation of the sprinkler requirement in the 2009 International Residential Code although there are other requirements such as insulation requirements which the PBA also opposes. Testimony was heard from the PBA and the Pennsylvania Department of Labor and Industry. The PBA attempted to prove fault with the Pennsylvania Department of Labor and Industry’s code adoption process, including a reference that the UCC Review and Advisory Council (RAC) was unknowledgeable on the issues brought before the council during the hearings. The PBA was very involved in the establishment of the UCC and the establishment of the RAC. On January 19, 2010, the Pennsylvania Builders Association (PBA) filed a legal brief asking for an injunction to stop the implementation of the 2009 Uniform Construction Code in Pennsylvania. The request is based on the UCC adoption process. Both the NFSA and the PA Residential Fire Sprinkler Coalition have submitted Amicus Curie’s disputing claims submitted by the PBA. A court hearing on the injunction request was held on March 1st. The judge promises a quick court decision on the injunction request. |
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