Senate Committees Review Uniform Construction Code
 

Officials, industry experts, and public offer fixes for building mandates

Speaking at a joint hearing in Westmoreland County by the Senate Local Government Committee and Senate Labor and Industry Committee on Thursday (August 16^th) state officials and construction industry experts offered suggestions on how to improve Pennsylvania’s Uniform Construction Code (UCC).

About 200 people attended the hearing held at Westmoreland County Community College to hear the presentations and offer their views on the statewide building code.

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

“Currently, Act 45 puts even relatively minor projects, such as erecting small decks, 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,” said Sen. Regola.  “The shortcomings of the UCC are clearly evident.  At a minimum, I believe we need to make sure that there is some sort of exemption for weekend ‘home improvement projects,’ a fee structure that does not exceed the total cost of the project, prompt action on permits, and a right vested in property owners to hire their own inspectors.”

            Senator Regola read a statement from Senator John Gordner (R-27), Chairman of the Labor and Industry Committee, who could not attend because of a commitment in his Senatorial District.  Sen. Gordner said he is concerned that the Code is not working as intended in several ways including:

• Lack of uniform enforcement in the various municipalities;
• Lack of standard and reasonable fees for UCC services;
• Poorly trained Code inspectors;
• Additional costs and time delays for building projects.

“Since the General Assembly enacted the Uniform Construction Code as Act 45 of 1999, it has been amended nine times to address problems in implementation, mostly by adding exceptions to the Code to address these problems,” said Sen. Gordner .  “However, that approach could lead to a piecemeal solution and could eventually cause the unintended consequence of an even less ‘uniform’ Code.”

Sen. Gordner said that it is his hope that the Senate, in conjunction with the House of Representatives, will develop substantial legislation to correct the implementation problems that have been identified. 

Bob Buddenbohn, Executive Officer of the Pennsylvania Association of Building Code Officials said his 1,000-member organization strongly supports the creation of a technical advisory and review council, composed of experts in the various sectors of the construction industry, to provide assistance to the legislature in addressing problems with the UCC.  He also suggested that the Department of Community and Economic Development provide training to municipal officials on the development of fee schedules and stressed the need for municipalities to be empowered to have oversight over code inspections.

“I am intrigued,” said Senator Mike Waugh (R-28).  “You’re suggesting that unless municipalities have that authority, inspectors would be ‘up for sale.’  That’s slam on your own profession and the people in your own profession.  I like to give code enforcement officials a little more credit.”

“One of thing drove this process (development of the statewide code) is that cities had these codes on the books for years and years and had to find ways to charge more fees.  It’s a way to raise money,” said Senator Bob Robbins (R-50).  “I believe this should be a free enterprise.  Let the municipalities put out a list of state-certified code inspectors and let consumers shop around.”

“The biggest complaint I hear is about the timeliness of the inspections,” said Senator John Eichelberger (R-30).  “I have had some personal experience about that and I have waited to get people on the job site.”

Chauncey Wirsing, owner of Wirsing Builders in Somerset and president of the Somerset County Builders Association, said the Pennsylvania Builders Association supports the establishment of a technical review committee empowered to review the new code additions before they take effect in Pennsylvania.  “We believe this technical review committee should have the power to identify specific provisions that are inapplicable in Pennsylvania and to recommend excluding those identified code provisions from the UCC,” Wirsing said.

Vince Fontana, President of Vince Building Company in Greensburg, said was in favor of the UCC when it was first enacted.  “I thought it would eliminate a lot of substandard contractors,” he said.  “It turns out it that has not happened.  Unscrupulous contractors are still out there building with out inspections and permits and the scrupulous ones are bearing the brunt of that.”

Jerry Petrill of Petrill Construction Company of Greensburg said the statewide code has resulted in home builders paying eight percent more for construction and fees.  He added that the code is not uniform since many towns and communities are adopting local measures that supersede the code.  “I feel sorry for the younger contractors that are coming along,” he said.

Bob Statler, co-owner of Statler Brothers Advertising, said the UCC has resulted in increased costs to his business.  “This additional layer of permitting has cost our small company well over $40,000 in fees in the last one-and-a-half years.  Rather than fight city hall we have simply paid it, but have felt very abused.”

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Contact:           Nate Silcox      (Senator Regola)          (717) 787-6063
                        Todd Roup       (Senator Gordner)        (717) 787-8928