Commonwealth of Pennsylvania House of Representatives
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COMMONWEALTH OF PENNSYLVANIA HOUSE OF REPRESENTATIVES LABOR AND INDUSTRY COMMITTEE STATE CAPITOL ROOM 418, MAIN CAPITOL WEDNESDAY, MARCH 23, 2011 9:40 A.M. HEARING ON HOUSE BILL 725 (OBERLANDER) BEFORE: HONORABLE RON MILLER, MAJORITY CHAIRMAN HONORABLE WILLIAM KELLER, MINORITY CHAIRMAN HONORABLE DONNA OBERLANDER (PRIME SPONSOR) HONORABLE RYAN P. AUMENT HONORABLE STEPHEN BLOOM HONORABLE SCOTT W. BOYD HONORABLE JIM COX HONORABLE SHERYL M. DELOZIER HONORABLE MARK M. GILLEN HONORABLE SETH M. GROVE HONORABLE WARREN KAMPF HONORABLE ROB W. KAUFFMAN HONORABLE FRED KELLER HONORABLE KEVIN MURPHY HONORABLE CHERELLE L. PARKER INDEX TESTIFIERS WITNESS PAGE REP. RON MILLER 4 CHAIRMAN REP. DONNA OBERLANDER (PRIME SPONSOR) 5 RICHARD DeYOUNG 6 REGIONAL DIRECTOR, AIA PA JOSH YOUNG 10 CONSTRUCTION INITIATIVE LEADER FOR NORTH AMERICA BASF, AMERICAN CHEMISTRY COUNCIL ELAM HERR 26 ASSISTANT EXECUTIVE DIRECTOR, PA ASSOCIATION OF TOWNSHIP SUPERVISORS STEVE BRANDVOLD 37 PRESIDENT, LANCASTER COUNTY CODE ASSOCIATION, BOARD MEMBER OF PA ASSOCIATION OF BUILDING CODE OFFICIALS KAREN WELSH 43 LEGISLATIVE DIRECTOR, CODE OFFICIALS ALLIANCE OF PENNSYLVANIA AUS MARBURGER 48 REVIEW AND ADVISORY COUNCIL, PA FIRE AND EMERGENCY SERVICES INSTITUTE DAN WISE 63 CODES TASK FORCE, PA BUILDERS ASSOCIATION FRANK THOMPSON 73 CHAIRMAN, UCC REVIEW AND ADVISORY COUNCIL WRITTEN TESTIMONY SUBMITTED: JANET MILKMAN EXECUTIVE DIRECTOR, DELAWARE VALLEY GREEN BUILDING COUNCIL RITA DALLAGO EXECUTIVE DIRECTOR, PENNSYLVANIA RESIDENTIAL OWNERS ASSOCIATION SEAN CLEARY IAPMO FIELD REPRESENTATIVE, INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS CHAIRMAN MILLER: I apologize for the delay in getting started, folks. Welcome to this hearing of the House Labor and Industry Committee on House Bill 725 by Representative Donna Oberlander, who is here with us. I need to make a comment that the proceedings are being recorded by the Bipartisan Management Committee and may be released to the media and used for the transcripts and every other type of use. I'm not sure that we're being broadcast live, but it may appear on a loop later. As you know, the House has passed House Bill 377, a Representative Garth Everett bill that addresses several issues contained in House Bill 725. The primary reason for moving House Bill 377 was the desire to move the repeal of the residential sprinkler mandate in a timely manner. We are facing a tough economic recovery and many of us were concerned that that sprinkler mandate would impact the housing industry and most of us believe that housing normally leads us out of a recession. That is why House Bill 377 was moved separate of House Bill 725. That doesn't minimize other elements of Representative Oberlander's bill. Hopefully, today's hearing will focus mainly on potential change to the process by which the triennial International Code Council codes are adopted, addition of members to the Uniform Construction Code Advisory and Review Council, and three, a creation of a $2 building permit fee to fund operations of the Council. There are other elements in this bill, most of those have been addressed in House Bill 377. I will now turn it over to Chairman Keller for some remarks. CHAIRMAN KELLER: Very briefly, Mr. Chairman. I don't think 377 was moved in a timely manner, I thought that was warp speed that we moved that bill. Hopefully we can slow things down and have a better look at addressing the bills redoing. Thank you. CHAIRMAN MILLER: We'll speed ahead Mr. ZooLoo. Representative Oberlander, would you like to take the microphone for some comments? REPRESENTATIVE OBERLANDER: Thank you, Chairman Miller. Thank you Chairman Keller, members of the Labor Committee. I appreciate your willingness to hold this hearing on House Bill 725. As Chairman Miller stated, this hearing is being held to discuss specifically the portions of the bill that relate to the adoption of changes to the UCC Code, composition of the advisory board, and its operations. In broad terms, this bill would expand the size of the Council by four members, adding individuals representing low-income housing, realtors, commercial building owners, and residential building owners, and changes the quorum requirements to reflect these additional members. The bill changes the current process of adoption to require the review of the latest triennial ICC Codes to begin within 90 days of the publication date, and to take no longer than 15 months. It would require at least six public hearings across the State to get the input from across our State from all walks of life. The Council would have to submit their report to the Secretary of Labor and Industry with recommendations supported by at least two-thirds vote of the Council stating one, the impact that the provision might have on the health, safety, and welfare of the public; the economic reasonableness; financial impact of the provision; technical feasibility of the provision; and lastly, the financial impact of the provision on affordable housing. The bill also proposes a $2 fee, as Chairman Miller stated, on each building permit to support the operations of the Council, including reimbursement for travel, lodging, and meals for the advisory members. After 7-years of Pennsylvania having the UCC Code in place, I believe that this bill makes necessary changes to move Pennsylvania forward. I look forward to hearing the testimony of each of the panelists. Thank you, Mr. Chairman. CHAIRMAN MILLER: Thank you, Representative Oberlander. Our first panel is a panel from AIA Pennsylvania, if that panel would come forward. I would note that if you have an agenda, it lists Jack Armstrong testifying for the American Chemistry Council, and pinch hitting for him today is Josh Young. If you would, I don't know who is going first, but whoever does, if you would just identify yourself and proceed. Thank you. DIRECTOR DeYOUNG: Thank you Chairman Miller and Chairman Keller and members of the Committee. My name is Rich DeYoung, and I am representing AIA Pennsylvania today. AIA Pennsylvania is a State component of the American Institute of Architects. Our membership in the State is over 3,000 architect members, and we are the only organization that represents architects and architecture in the Commonwealth. I am the Managing Partner of WTW Architects in Pittsburgh. I have been practicing for 38 years and have extensive experience in the design of a wide variety of institutional, commercial, and residential projects. I am the past President of AIA Pennsylvania, and I currently serve as a representative to the National Board of Director's of AIA. Architecture is a licensed profession because architects are entrusted with the health, safety, and welfare of the public with every building that we design. The law, allowing only architects to design buildings for habitation by people, recognizes the education, preparation, experience, and breadth of knowledge that goes into creating a competent architect. The members of the AIA are generally recognized as experts on building codes. Building owners, contractors, engineers, and municipalities rely on architects to fully integrate the myriad requirements of building codes and other safety standards into the work we do. In fact, the model building codes used throughout the United States – of which our own UCC is one of them – are written by groups of professionals that include many architects. AIA Pennsylvania commends the General Assembly for the bipartisan effort to enact a Statewide building code, and in establishing the UCC Review and Advisory Council in Act 106 of 2008, to carefully examine proposed changes to the code and advise L&I and the General Assembly. The existence and current role of the UCC RAC was specifically supported by the Commonwealth Court in a recent decision, Pennsylvania Builders Association v. Department of Labor and Industry. With the passage of time, we learn what improvements can be made in processes. House Bill 725 provides us with the opportunity to begin that discussion relative to the UCC Review and Advisory Committee. Although AIA opposes the legislation in its current form, we concur with some aspects of the bill. However, we feel strongly that some changes must be made to the legislation before we can support it. First, we concur that there is merit in holding hearings around the State. Interested parties already have the ability to testify before the Review and Advisory Committee, having hearings around the State may enhance that participation. Whether it is the six hearings in House Bill 725 or three in Senator Corman's Senate Bill 752, we leave that to the General Assembly to determine. There is merit in providing additional staff support from L&I for the work of the RAC, and to provide reimbursement for the RAC members. Again, we leave that to the General Assembly and L&I to look at the fiscal impact. We do suggest that before adding a $2 additional building permit fee, that the legislature look at funds collected through existing permits to see how they may be used. We also leave the discussion of appropriate time frame for the RAC to conduct its work and for L&I and the General Assembly, with input from the RAC itself. On a related matter, we ask that the language in Section 304(2)(a) be examined closely to ensure that the timeframes for promulgation of regulations are in fact realistic given the IRCC process; 90 days may not be sufficient time. We leave the substance of that decision, again, to the General Assembly and L&I. So, what aspects of the bill are problematic for AIA? First, we disagree with the changes proposed in the composition and operation of the RAC. The primary purpose of building codes has been, and remains, to save lives. The writing of codes requires a perspective that maintains the protection of the public's health, safety, and welfare above commercial interests.