Communities complying with the new UCC statewide code? The score so far is extremely poor.

By Nick Markowitz Jr.
Fire Investigator

It has been a year since Pennsylvania passed the new Uniform Construction Codes UCC in which all communities are to follow the 2003 ICC International Code Conference rules and regulations. But still when I go throughout PA to do installation of Fire Alarms or Electrical Work etc. the inspectors are not following it. Some are still trying to enforce the Fire and Panic act or BOCA 1984 codes saying they did not adopt UCC so they are not covered by it. Wrong the state Fire and Panic act went out of existence when the new UCC codes went into effect. Every community must follow the ICC rules.

It was very apparent over July 4th weekend when I found many communities allowing open sale of fire works from roadside tents which were not compliant with ICC Fire prevention codes. These codes require fire works kept in control of a clerk at all times, No Smoking signs posted, and water based extinguishers be available in case of fire. None of the tents or vendors of fire works I saw in Pa except for a small hand full were complying with the new code and they only complied because the local code enforcement Officers read and understood the ICC Fire Prevention Code.

Many communities thought they could not use their more restrictive codes regarding fire works when in fact they could if they sent it through the Labor and Industry Dept and got there approval. Some areas went and got the more restrictive ordinances approved a head of time while many got caught with their pants down. Many more did not even know such options were available or they were even suppose to enforce ICC fire works regulations thinking it is the State Fire Marshals job or again just did not care to follow state law even when the tents were set up directly across from the town's offices. At their peril if something would have gone wrong the town is 100% liable for not following and enforcing UCC regulations.

Towns that do not enforce the new UCC codes and allow structures to be built without following them can be held liable if serious problems develop in the homes along with the inspectors who approved the construction and contractor who built it. It is going to be a field day in this state for lawyers when problems start happening over the next few years and lives are lost when it is found out UCC regulations have not been followed.

Another serious problem involves Fire Marshals who conduct and rule the causes of fires. They must now be certified by ICC to do this function. If a Fire Marshal comes to a fire scene conducts an investigation and determines it is an Arson and suspects are arrested and charged. If the Fire Marshal has not been certified by ICC regulations The entire case at this point can be thrown out along with all evidence because the Fire Marshal has not been certified. The lawyers know this and will use this knowledge to have cases dismissed and then turn around and sue the town and its Fire Marshal. If you think what I am saying in this article is full of Bull better get out your ICC code books and start reading because attorneys, contractors and developers are reading and ready to challenge any and all decisions that are badly made by the AHJ, zoning boards etc. and they are winning in court every day just ask the communities who have lost decisions.

As much time as I spend studying codes so that I stay in compliance with them I still find a surprise or two myself when researching them for an upcoming special project. This is why I always check with the AHJ before starting a Fire Alarm. Just the other day one of the Fire Marshals I correspond with on code issues tells me he just caught another individual in his community who put a required fire alarm in a building with no stamped and approved plans no inspections and the installer was not qualified to even do the work. This individual who got busted is someone I personally know because I was always cleaning up his burglar alarm work he would screw up before he got fired by the same company I was sub contracting for, and this individual is out doing fire alarm work with no training and doing the work incorrectly. When the realtor who hired him called up the Fire Marshal all upset the job was stopped the realtor had no idea this individual was not qualified to do work and again did not know codes had to be followed. Needless to say the system will have to be ripped out and replaced with a code compliant system after several thousand dollars have now been wasted. But how many buildings did this individual already get away with because local authorities are not enforcing codes?

The state wide codes were passed and approved to make sure structures are being properly and safely built and to help get the bad contractors out of the business. Unfortunately it appears business as usual in too many communities who are going to pay the price down the road when something goes wrong. At least now they will have to answer for not following the rules.

Nick Markowitz Jr can be reached at nickmarkowitz@hotmail.com

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