On the surface level, the Pennsylvania Building Code Lawsuit might sound like a super complex one, and that’s just because it really is that way. So, in order for you to understand it all better, we have given it a good thought and explained everything in the simplest words possible without the legal lingo.
Why Did This Whole Legal Fight Even Start?
The simple version is that Pennsylvania has a big set of construction rules called the Uniform Construction Code (UCC). Maybe you’re hearing about if for the very first time, and if that’s the case, then just know that it sets the standards on what a safe building is, how it has to be made accessible to disabled people, and which national standards the state adheres to.
Sounds like a dull but necessary subject, right? Is it though?
To tell the truth, the quiet 2021 was the year to change. How exactly? Oh, a couple of groups, among them the U.S. Department of Justice and the Pennsylvania Builders Association (PBA), challenged the fairness and even legality of the parts of those rules.
Here’s how it all started:
First, we saw how the Department of Justice (DOJ) suit stated that the Pennsylvania law unjustly restricted the right of people with disabilities to have adequate housing.
And then, to add more to it, the Builders Association suit alleged that the state L&I Department unilaterally enforced new accessibility rules without the necessary checks or public participation.
Later, going further, it was the homeowners who sued the builders, alleging that their homes initially appeared perfect, but concealed construction defects that were not evident at the time, manifested after several years. These lawsuits (for example, the Aloia v. Diament Building Corp. case) ultimately brought up some super important questions regarding the rules and regulations and their limitations as well. So, now, it was all in front of us.
What Are the Main Disputes About, Really?
Oh, from here, let’s take it piece by piece, you know, just to understand it in a better way.
1. The Federal Case (Accessibility and Discrimination)
From the very start, yes, on one side, the Justice Department claimed that Pennsylvania’s building codes were out of sync with the federal accessibility laws. Were they, though? Well, down the line, essentially, the DOJ was saying that certain state regulations were creating an obstacle for people with disabilities to be able to access housing that met the national standards.
Sure enough, if we have to sum it all up, this lawsuit centered on the issue of equitable access and not on the financial aspect.
2. The Builders Association Lawsuit (Who Gets to Write the Rules?)
Going down the next case, see, then the Pennsylvania Builders Association (PBA) came into the picture. They are the voice of thousands of builders and construction companies throughout the state. And just to be precise with the time line here, at the end of 2021, they filed a lawsuit against the Department of Labor & Industry (L&I) stating that the 2021 accessibility regulations were not adopted in the proper way.
But in the end, what became of all this? Oh, well, once again, to sum it all up, it was not that accessibility laws were completely wiped out, nah, it was just that Pennsylvania had to retrace its steps and complete the process correctly.
3. The Homeowner Lawsuit (When Does a Builder’s Responsibility End?)
The next one deals with a lawsuit staring Aloia v. Diament Building Corp., and if you are a homeowner, this one might ring a bell, right?
Talking about the specifics here, a builder completed a house in Chester Springs, Pennsylvania, around 2006-2007. In 2016, a decade after the purchase, the buyers saw water damage and, in 2021, they filed a lawsuit against the builder, accusing him of making the house in a faulty way and breaking the building codes.
