Fox guarding henhouse: New email emerges -- Are builders calling shots on building codes, safety?

With little scrutiny, Pennsylvania has outsourced the vital role of updating building safety codes to the very people who stand to be regulated – the building industry.  Specifically, the Pennsylvania Builders Association (PBA) – a powerful, well-connected industry group representing residential builders throughout the state—has almost complete control over whether Pennsylvania’s building codes will be kept current. This cannot continue.  

The Review and Advisory Council (RAC) is a little-known panel of Governor-appointees that decides whether to update building codes. Changes to the building code update process, signed into law as Gov. Corbett's first piece of legislation after taking office, require a supermajority vote of the RAC to update codes -- allowing for six RAC members to stand in the way of updated building codes. Currently, PBA holds, or has influence over, at least six members of the RAC.

A former president of the PBA has always sat on the RAC, and was (until last month), the Chair.  

Even more shockingly, through a Right-To-Know Law request, PennFuture discovered that long-time Pennsylvania Builders Association attorney Loudon “Hap” Campbell provided “legislative drafting” advice to RAC Chairman Frank Thompson and a RAC subcommittee. The advice apparently pertained to the RAC’s official comments on pending code adoption legislation.  

Why is the chairman of the RAC receiving legal advice pertaining to the RAC’s official comments on legislation from an attorney and lobbyist who has represented the PBA in cases spanning twenty five years, who is listed on PBA’s website as “PBA’s legal counsel,” and is listed on FollowTheMoney.org as a PBA lobbyist as recently as 2012?  

Stephen Black, another former president of the PBA, has been appointed by Gov. Cobett to replace Mr. Thompson. What will stop this too-cozy practice of insider influence by the PBA?   

Last summer, several bills were introduced to fix the broken codes process and remedy the undue influence of the PBA over the RAC’s decisions. However, the PBA was successful in amending the legislation to retain the existing system that makes building code adoption impossible without the PBA’s blessing.

The RAC should be comprised of a broad range of stakeholders and building code experts. Builders should have a say in the process, but Pennsylvania cannot continue to abdicate its regulatory authority to an industry group to the detriment of the safety and welfare of Pennsylvania's citizens. Only bringing to light PBA's undue influence, and legislative change to make the code adoption process more effective, will ensure that Pennsylvanians have the benefit of a thoughtful and balanced review of building codes.  

Andrew Sharp is PennFuture's Director of Outreach and is based in our Philadelphia office.