On October 26, 2022, the PA Commonwealth Court granted an application from the Pennsylvania Builders Association for a declaratory judgement permanently enjoining the enforcement of the 2021 Accessibility provisions. Specifically, the “…Court declares Section 304(a)(3) of the PCCA unconstitutional as violative of article II, section 1 of the Pennsylvania Constitution. Accordingly, the enforcement of Section 304(a)(3) of the PCCA, and the Department’s 2021 Accessibility Regulations promulgated pursuant thereto, is enjoined.”
See the Court’s opinion: 479MD21_10-26-22.pdf (pacourts.us)
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.
Contact Michael Kegg, Director of the Bureau of Occupational & Industrial Safety, with questions at mkegg@pa.gov or 717-783-6304.
PENNBOC held an informational webinar for its members on this topic on Nov 3, 2022. You can view a copy of the presentation slides from the webinar HERE.