AIA Pennsylvania e-Architect Update: April 2010

Legislative Update

Uniform Construction Code (UCC)

Pennsylvania Home Builders Association - Commonwealth Court . On March 1, 2010, the Commonwealth Court of Pennsylvania denied the request for an injunction by the home builders, chiefly the Pennsylvania Builders Association (PBA), to halt the implementation of the adopted 2009 International Building Codes. The main objective made by PBA is to stop the implementation of the sprinkler requirement in the 2009 International Residential Code. The PBA has filed a motion asking for Summary Relief. That will be argued in Commonwealth Court in June.

House Bill 1196, sponsored by Representative Scott Boyd (R-Lancaster). This measure allows for variances to the UCC and was written primarily to address the lifestyles of the Amish that do not comply with the standards of the UCC. An amendment was added that deals with log homes to comply with recommendations of the UCC Review and Advisory Council (RAC). The main issue of concern is a potential sprinkler amendment that would be contrary to the RAC recommendations. AIA PA sent letters to all legislators addressing our support for the bill in its current form with no additional amendments. The bill is currently on the Senate calendar, and we continue to work for its passage without any further amendments.

Sustainable Communities

House Bill 444, the High Performance State Funding Standards Act, sponsored by Representative Matt Smith (D-Allegheny). The legislation is currently before the Senate Environmental Resources and Energy Committee. The Governor's Office supported this legislation in October at the Build Green Conference in Philadelphia, and the House Urban Affairs Committee, chaired at that time by Representative Frank Dermody (D-Allegheny), held a pubic hearing in November. Elmer Burger, II, AIA gave testimony on behalf of AIA PA. Initial feedback from the Senate Republicans is that they are open to working toward passage of this legislation. This bill continues to be part of the budget negotiations and the comprehensive energy agenda.

House Bill 42, sponsored by Representative Bob Freeman (D-Northampton), passed the House of Representatives and is currently in the Senate Community, Economic and Recreational Development Committee. AIA PA is working with the PA Works Coalition to ensure passage. This bill is being discussed as part of the budget negotiations.

Professional Practice

House Bill 1521 Interior Design Licensure legislation introduced by Representative Tim Solobay (D-Washington/Fayette) is currently in the House Professional Licensure Committee. A hearing was planned in February but was canceled due to snow. The Committee is aware of AIA opposition and discussions of a hearing have been put on hold until the budget is passed.

Sales Tax - The Pennsylvania Coalition Opposed to an Expanded Sales Tax, formerly Penn Cost, continues to advocate against the Governor's proposed expansion of the sales tax (including architectural services). Most believe that this year the sales tax is off the table, but the size of the shortfall next year might keep this issue on the table. Currently, Senate Republicans have publicly said no to taxes and now House Democrats have jumped on the bandwagon.

Public Contracts
Two pieces of legislation regarding mandate waivers for school construction are currently in the House and Senate Appropriations Committees respectively. Neither bill has school construction mandate waiver language. The legislation must pass with mandate waiver language by June 30, 2010, for mandate waivers to continue. We continue to work with both the legislature and our coalition partners to find agreeable language.