For Immediate Release
5/08/07

CONTACT:

Nate Silcox (Senator Regola)
(717) 787-6063

Todd Roup (Senator Gordner)
(717) 787-8928

Senate Committees Review State Uniform Construction Code

Speaking at a joint hearing by the Senate Local Government Committee and Senate Labor and Industry Committee today, state officials and construction industry experts said Pennsylvania's Uniform Construction Code (UCC) is in need of repairs.

Senator Bob Regola, (R-39), Chairman of the Local Government Committee, opened the hearing by airing his concerns about the mandated building codes.

"Currently, Act 45 puts even relatively minor projects, such as erecting small decks or sheds, under the scrutiny of building inspectors and code enforcement officers.  This is too much government intervention and only increases the costs for small businesses and residents in the community," Senator Regola said.  "Practically every member of the General Assembly has heard horror stories regarding the Act.  Since it went into effect, the Act has been amended six times and additional amendments are currently being considered by the General Assembly including a bill I introduced to remove a requirement that Pennsylvanians use anchor bolts that are required construction for hurricane or earthquake prone regions."

Senator John R. Gordner, (R-27), Chairman of the Labor and Industry Committee, said the hearing focused on specific areas of concern about the UCC, particularly:  uniformity of enforcement; fees; third party inspections; the impact on property owners; and the creation of a UCC review panel.

Senator Gordner commended the Department of Labor and Industry for setting fees that are "reasonable and responsible" for the areas where they conduct code inspections.  He said that is not always the case when Councils of Government hire third party inspectors for the work.  "The third party inspector is charging a fee and the Council of Government is imposing a surcharge, in some cases they are 40 percent higher than what you (the Department of Labor and Industry) are charging," he told Department Secretary Stephen M. Schmerin.

Secretary Schmerin agreed that the UCC needs revisions.  "When you have flaws in a building, you know you have to go back correct the problem and make it right.  The same goes for our current building code – the UCC.  With some careful thought and collaboration, we have the opportunity to correct its problems and hopefully make it right for everyone involved.  Until we are able to do this, however, the Uniform Construction Code will be uniform in name only."

David Leinbach, testifying on behalf of the Pennsylvania Chapter of the Associated Builders & Contractors (ABC), said the UCC has not achieved its goal of bringing "order to the chaos" of over 2,500 Commonwealth municipalities, their differing standards, and unique administrative and enforcement philosophies.

"To call the UCC 'uniform' is a misnomer due to the existence of enforcement and administrative differences among the municipalities who accepted responsibility for code oversight.  In addition, each municipality has the ability to implement amendments to the Code," Leinbach said.  "One can imagine the difficulty faced by a contractor tasked with solving the puzzle of understanding local construction rules, and how the code will be interpreted and enforced in a given locality.  The varying review and appeal processes have created additional costs to labor projects by increasing the time and money needed to secure permits or question adverse decisions."

Lou Biacchi, testifying on behalf of the Pennsylvania Builders Association (PBA), said the bulk of the complaints that Pennsylvanians have with the UCC revolve around questions of compliance.

"Citizens expect and should receive from their government at all levels reasonable cost-effective service.  In some municipalities, lengthy delays have been reported regarding building plan approvals and inspections," Biacchi said.  "In some cases, primarily in commercial construction, there have been serious reports of price gauging on the parts of certain municipalities for building plan review and inspections."

PBA and the Pennsylvania Association of Building Code Officials both support an amendment to the Uniform Construction Code Act to create a technical review committee composed of experts in the various sectors of the construction industry.

"At a minimum, such a council should be empowered to conduct research for the legislature on UCC-related issues and to receive comments and concerns about the UCC from a broad spectrum of interested parties," said Robert Loeper, Jr., PABCO President.  "We believe such a council should evaluate any legislative proposal to amend the UCC and to provide its findings and recommendations to the legislature as part of the bill consideration process."