Pennsylvania's Mishandling of I-Codes: A Mockery of Building Standards

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Pennsylvania has repeatedly altered the International Codes (I-Codes) they adopted, leading to a fragmented and inconsistent set of building regulations. This piecemeal approach has undermined the integrity of the building industry, creating confusion and complexity. Here is an example highlighting how Pennsylvania legislators and lobbying contractors have compromised these codes:​

Example: § 403.21. Uniform Construction Code​

Adoption and Modification of Codes:

• The Pennsylvania Department of Labor and Industry adopts various chapters from the "International Building Code of 2018," the "International Residential Code of 2018," and other I-Codes.
• Specific sections from different years' I-Codes are selectively adopted, while others are modified or excluded, resulting in a disjointed regulatory framework.

Key Modifications:

1. Residential Stairways:
   • Maximum riser height increased to 8 1/4 inches.
   • Minimum tread depth reduced to 9 inches.
   • These changes diverge from the uniform standards, potentially compromising safety.
2. Elevator Regulations:
   • Selective adoption of provisions from Chapter 30 of the IBC 2018, ignoring others.
   • This partial adoption results in inconsistent elevator safety standards.
3. Fire Safety:
   • Modification of fire protection requirements, such as the exclusion of Section 704.2 (column protection) from the IBC 2018.
   • Adoption of similar provisions from the IBC 2015, causing regulatory overlap and confusion.
4. Plumbing Codes:
   • Adoption of plumbing codes from different versions of the International Plumbing Code, with certain municipalities having the authority to enforce their own codes.
   • This creates inconsistencies across the state, complicating compliance for contractors.
5. Energy Conservation:
   • Selective adoption of provisions from multiple versions of the International Energy Conservation Code.
   • This fragmented approach undermines efforts to create a cohesive energy conservation strategy.

Recent Changes and Impact on the Building Industry:The revised regulations adopting the 2018 I-Code series, as reviewed and amended by the Review and Advisory Council (RAC), took effect on February 14, 2022. These changes, combined with the piecemeal adoption approach, exacerbate the confusion and complexity within the industry. Contractors and designers must navigate a labyrinthine set of rules, with different sections applying to various aspects of construction.

• Transitional Provisions:
  • Design or construction contracts signed before the effective date can follow the Uniform Construction Code (UCC) in effect at the time of the contract, provided the application is made by August 14, 2022.
  • Accessibility provisions from the 2021 I-Code series, effective December 25, 2021, also follow similar transitional provisions with an application deadline of June 25, 2022.

Historical Context:

• In 1999, the Pennsylvania Legislature established the act directing the Department to adopt certain building codes as the UCC.
• Since then, various ICC codes, including the International Building Code (IBC), have been adopted, partially or entirely, by reference into the UCC.
• The General Assembly established the RAC in Act 106 of 2008, tasking it with reviewing periodic changes to ICC codes before adoption into the UCC.

Specific Changes and Regulatory Overlap:

• On October 17, 2018, the UCC RAC voted to adopt Section 3006 (relating to elevator lobbies and hoistway opening protection) of the IBC 2015, amending Section 403.21(a)(1).
• An emergency certified regulation regarding smoke protection in elevator lobbies was published on November 3, 2018, becoming permanent upon approval by the Independent Regulatory Review Commission on December 6, 2018.
• Revised UCC regulations, including Chapter 11 and Appendix E of the International Building Code 2018, and other accessibility requirements, became effective on June 15, 2019.

Statutes that Complicate the UCC:​

The Pennsylvania Construction Code Act (Act 45 of 1999) established the basic requirements for the Uniform Construction Code, which has since been altered thirteen times. These amendments have introduced various exceptions and additional requirements that further complicate the regulatory landscape:

1. Act 43 of 2001: Establishes electrical exemption for residential construction based on religious beliefs.
2. Act 13 of 2004: Establishes the 1992 CABO One and Two Family Dwelling Code stairway tread and riser requirements as UCC standards for residential stairways.
3. Act 92 of 2004: Amends several residential code requirements.
4. Act 230 of 2004: Provides for the use of municipal lateral standards and mandates the use of the latest ANSI standards for ski lift operations.
5. Act 95 of 2005: Provides requirements for uncertified commercial buildings in opt-out municipalities and state-owned buildings.
6. Act 108 of 2006: Excludes aluminum or vinyl siding installations from UCC requirements and extends religious exemptions.
7. Act 157 of 2006: Exempts mushroom growing houses and extends residential permit application and inspection requirements.
8. Act 9 of 2007: Specifies construction standards for residential concrete and masonry foundation walls.
9. Act 39 of 2007: Excludes temporary structures and pole barns from UCC requirements under certain conditions.
10. Act 106 of 2008: Establishes the Uniform Construction Code Review and Advisory Council.
11. Act 1 of 2011: Alters the triennial code adoption process and exempts certain building features from ICC Codes.
12. Act 35 of 2017: Provides exclusions for specific agricultural and seasonal structures.
13. Act 36 of 2017: Requires re-review of 2015 ICC building codes and amends UCC Review and Advisory Council processes.

What This Means​

The Pennsylvania legislators, influenced by contractors' lobbying, have turned the I-Codes into a convoluted set of regulations. This approach not only embarrasses the state but also jeopardizes the integrity and safety of its building practices. A more consistent and holistic adoption of I-Codes is necessary to restore order and ensure the safety and quality of construction in Pennsylvania.