AIA Pennsylvania is alerting members that the Commonwealth Court concluded that the automatic adoption of the 2021 Accessibility Regulations violates the Pennsylvania Constitution and, therefore, enjoined the enforcement of the Department’s Accessibility Regulations. The counsel on the Legal Reform Task Force of the AIA PA Government Affairs Committee is evaluating the full impact of this ruling and will be advising AIA PA and its members accordingly. Please see the notice from the Pennsylvania Department of Labor & Industry below.
Yesterday, the Commonwealth Court issued an opinion in Pennsylvania Builders Association v. Department of Labor and Industry, which permanently enjoined enforcement of the 2021 accessibility updates to the Uniform Construction Code. As such, effective immediately, you must cease all enforcement of the 2021 accessibility standards. Since the 2018 accessibility standards were in effect before December 25, 2021 and were unchallenged, all structures must still comply with the 2018 accessibility requirements.
Please be advised that the Court’s decision does not affect enforcement of the non-accessibility requirements of the Uniform Construction Code.
Citing the Pennsylvania Department of Labor and Industry’s “UCC Accessibility Requirements” guidance:
The technical code requirements pertaining to building accessibility that are currently enforced in Pennsylvania are found primarily in: Chapter 11 of the International Building Code 2018 (depending on which version is applicable); Appendix E of the International Building Code 2018 (depending on which version is applicable); and in the ICC A117.1 Accessible and Usable Buildings and Facilities Standard.
If you have questions, contact Amal Mahrouki | Director of Legislative Affairs, AIA Pennsylvania