I will soon be introducing companion legislation to SB 867, introduced by Senators Tartaglione, Robinson, and Kane, which grants the Accessibility Advisory Board (AAB) the authority to review and adopt future accessibility codes.

In October 2022, the Commonwealth Court ruled that the automatic promulgation of regulations to adopt the most recently published accessibility codes by the International Code Council (ICC) was an unconstitutional delegation of legislative authority. As a result, the Department of Labor and Industry no longer possesses the authority to automatically enforce the most recent accessibility code standards and must instead revert to enforcing the adopted 2018 standards. This ruling also means there is no mechanism in the Pennsylvania Construction Code Act to review and adopt future updates to the accessibility code. Without legislative action, the 2018 accessibility standards will remain in effect forever.

This legislation provides a process for the AAB to review accessibility codes as contained in new editions of the ICC, which includes a public comment period and at least one public hearing. This design is modeled off the process used by the Review and Advisory Council (RAC) for reviewing and adopting other building codes. Accessibility code changes will be evaluated based on their impact on the health, safety, and welfare of the public, particularly individuals with disabilities, the economic and financial impact, and the technical feasibility of meeting the requirement.

We must strive to make Pennsylvania a safe and welcoming place for all citizens. Without action, accessibility standards will continue to decline, creating unnecessary challenges and problems for individuals with disabilities. Please join me in sponsoring this important legislation to ensure a fair and comprehensive process for future accessibility code adoption.