The Commonwealth Court of PA has dismissed a lawsuit filed by the PBA and other petitioners against the PA Department of Labor and Industry (L&I). The lawsuit, filed last year, was an attempt to stop the enforcement of the adopted 2009 IRC requiring fire sprinklers in one- and two-family homes and townhomes. The court had previously denied an injunction filed by the PBA to stop the enforcement.
In an opinion issued on August 25, 2010 the court cited The Pennsylvania Construction Code Act (PCCA) enacted by the General Assembly in 1999 and its application to “construction, alteration, repair and occupancy of all buildings in Pennsylvania. “ The court affirms that Pennsylvania’s Uniform Construction Code (UCC) is “an effort to insure uniform, modern construction standards and regulations, and to promote safety, health and sanitary construction throughout the Commonwealth.”
In its lawsuit the PBA claimed that “the new and amended provisions of the 2009 codes, especially the sprinkler requirements, have the effect of increasing the cost of an average newly-constructed home by approximately $15,000.00 and that “the additional costs will have a significant impact on the demand for their home building and remodeling services, and will adversely affect the availability of financing of homes.” Their claim additionally asserted that the PCCA action is unconstitutional.
Citing the intent of the PCCA, the court ruled that “ultimately, the rules, regulations and standards of the regulatory agency must be reasonable, understandable, available, and must not violate the constitutional rights of any citizen.” The court found that “petitioners were represented at each stage of the process of L&I’s adoption of the 2009 version of the UCC. The fact that their input failed to carry the day…does not make the process unconstitutional.” They found “their argument disingenuous.”
This action by the court represents a great victory for the people of PA. All new homes will be built to meet the standards of life safety now included in all model codes.
Maria Figueroa, NFPA
www.firesprinklerinitiative.org