Township using newer IBC edition than State?

[Mech]

Pennsylvania has adopted the 2009 IBC with 2015 IBC for accessibility.

There is a township code reviewer who is reviewing projects according to the 2012 IBC. Is this allowed?

 

[RLGA]

Depends on your state's laws. Typically, a state code sets the minimum standard and subdivisions of the state (i.e., counties, cities, towns, etc.) may adopt more restrictive requirements. The question would be, is the 2012 IBC more restrictive than the 2009 IBC? In some areas it is more restrictive and in some areas it is not.

 

[steveray]

Maybe PM Jeff? Or Rick or one of the other now or former PA guys?

 

[cda]

Call the main office and get it from the horse



http://www.dli.pa.gov/ucc/pages/default.aspx


Over 90% of Pennsylvania's 2,562 municipalities have elected to administer and enforce the UCC locally, using their own employees or via certified third party agencies (private code enforcement agencies) that they have retained. In these municipalities, the Department has no code enforcement authority, except where the municipality lacks the services of a person certified as an "Accessibility Inspector/Plans Examiner."

If a municipality has "opted out," the Department is responsible for all commercial code enforcement in that municipality. The Department also has sole jurisdiction for all elevators and all state-owned buildings, no matter where they are located.

Certified third party agencies hired by property owners (or their contractors) enforce the residential requirements of the UCC in all opt-out municipalities. Detailed information about these agencies can be accessed by clicking on the link below entitled "Certified Third Party Agencies: Buildings" (found under "Code Official and Third Party Agency Info").

A listing of all of Pennsylvania's municipalities and their decisions regarding local enforcement of the UCC can be accessed below by clicking on the link entitled "Municipal Elections and Contact Information" (under the "Local Enforcement" header).

 

[Mr. Inspector]

What RLGA said. Check the local ordinance on this. I doubt that you will find a ordinance adopting the 2012 codes.

 

[Jmb]

The Commonwealth of Pennsylvania has adopted the 2009 I-Codes and the IBC 2015 Chapter 11 and Appendix E.


For a local jurisdiction to use any other code or standards would need to occur through an adopted ordinance that would need PA Labor and Industry approval. This is referred to as a “503 Ordinance” since it comes from the PA UCC Act 45 Section: 7210.503.

If the jurisdiction has this approved ordinance by PA L &I they may be able to do this, but it is REALLY hard to get an entire code book adopted through an ordinance in PA. I would highly question that here is a valid ordinance to use the entire IBC 2012 in Pennsylvania

 

[Mech]

Thank you for the replies.

I checked the township's online ordinances. According to a 2004 ordinance, they adopted PA's UCC, but they retained reference to their previously adopted 1989 CABO, 1990 BOCA and other codes, provided they are equal to or more stringent than PA's adopted building code. I did not find any reference to upgrading to the 2012 codes, in whole or in part.

I am not going to pursue this any further at this time. I am going to let the contractor who developed the plans coordinate between the state agency (I assume Dept of Health since this is a Group I building) and the local BO to determine what is actually required, and then forward me documentation from the state if they want the 2012 code to be used.

 

[Mech]

Update:

I spoke with the township Code Enforcement Officer who informed me they are requiring compliance with the 2012 ICC code books.

I then called PA's Dept of Labor and Industry and found out that the township is an "opt-in" municipality and the township can enforce the 2012 series of codes. However, if the 2009 series is more stringent in an area, the more stringent requirements apply.

It looks like I need to perform two code analyses.

Thanks for all the responses.

 

[Mech]

Another update which may supercede my previous post.

This morning, I spoke with the same reviewer at DL&I that I spoke with yesterday. He is new to this position, and after speaking with some of his colleagues, he now feels that the township can NOT make us go back to the drawing board to comply with the 2012 codes. I do not blame the reviewer for differing information; he probably spent his career focusing on one or two codes where he was told which code to enforce.

I have found some differences in the code sections I am reading, so the more stringent (IBC 2009) will prevail.

 

[Jmb]

I work in PA, the IBC 2009 is the adopted code, except for IBC 2015 Chapter 11.

I am surprised that PA L&I would tell you differently, they're usually pretty sharp.

In fact there is PA House Bill 409 being voted on right now, that will allow Cities of the First Class to adopted the IBC 2018 (when it is published).
This would only apply to the City of Philadelphia, no place else in PA.

Again, I would highly question that there is a valid ordinance to use the IBC 2012 anywhere in Pennsylvania

 

[Mech]

I think the local inspector is wrong enforcing the 2012.

I just had a meeting on this project. We will be providing two code blocks - one according to 2009 and one according to 2012, with the idea that we satisfy the local inspector wanting the 2012 code and the state adopting the 2009 code. This is ridiculous to me, but due to the project type and time frame available, it is better that we obtain our permit and complete the work than to spend time arguing about the validity of the 2012 code.

 

[jar546]

Only in PA where the left hand does not know what the right hand is doing

 

[ADAguy]

At least in CA we have a 3 year cycle with sometimes intervening emergency amendments (for what that is worth). We also have some cities (LA, SD, SF, etc.) with amendments.