United States House of Representative members Doris Matsui, D-Califorinia, and Mario Diaz-Balart, R-Florida, have introduced legislation known as the Building Code State Incentive Act of 2007 or House Bill 3926. The purpose of the legislation, as outlined by the two house members, is to provide incentives for states to adopt higher building code standards, which will ultimately help preserve property, promote public safety, and ensure safety of communities.

The bill has gained support from industry groups, but more specifically the insurance industry. Under the bill, the amount of money available to a state under the current disaster relief legislation would be increased by 4 percent if they adopt and enforce nationally recognized building codes.

Currently, a wide spectrum of building codes are in place that vary from state to state, and often between different jurisdictions in a single state. In Pennsylvania, the Commonwealth has adopted the Pennsylvania Uniform Construction Code, Act 45 of 1999. This Uniform Construction Code maintains strict construction guidance for building construction and is based upon international building code regulations. The following areas are the codes adopted by the Commonwealth of Pennsylvania:

        • International Building Code  
        • ICC Electrical Code (utilizes National Electric Code standards)
        • International Energy Conservation Code
        • International Existing Building Code  
        • International Fire Code 
        • International Fuel Gas Code  
        • International Mechanical Code  
        • International Performance Code for Buildings and Facilities  
        • International Plumbing Code
        • International Residential Code  
        • International Wildland-Urban Interface Code

In Pennsylvania, this Act required a statewide initiative for compliance by all municipalities within the Commonwealth to adopt these international standards. The adoption of these building standards require each municipality to retain in-house building code inspectors or hire consultants to perform building inspections under Act 45 of 1999. The Act also provides for an appeals board and specific requirements surrounding fees.

Not all think the proposed federal legislation is good for the construction industry sighting the cost increases of the legislation. "If they ‘strengthen' the PA code any more, we literally will need more people to review plans and inspect construction" said George Wolfe, Manager at Lower Paxton Township.  "The PA UCC has us on the brink right now and only the slowdown in housing and commercial real estate has kept staff from proposing additional personnel in the 2008 budget."

While this new code has improved building standards, it has also increased the cost of construction through compliance with these standards due to builders and municipalities lacking the training and expertise to implement these standards. "What is needed in PA and locally is not a strengthened code, but training in code requirements," said Wolfe.  "Builders are frightfully ill equipped to comply with the current code, causing lengthy and costly plan reviews and mistakes in the field," said Wolfe who also feels that a state-wide licensing system would help alleviate the issue. "A state-wide licensing program for trade workers, though bureaucratic, would provide a mechanism to ensure that those working in the field have adequate knowledge of the building code."

What will additional legislation do to the cost of construction? How will federally mandated legislation be enacted nationally and managed nationally? These are all questions yet to be determined. As Pennsylvania struggles with its current code, what will additional mandates mean to the building community and municipal codes enforcement?

If you have any questions regarding this article, please feel free to contact David B. Blain, Senior Manager with McKonly and Asbury. David can be reached at dblain@macpas.com.