Schuylkill Tp. v. Pa. Builders Ass'n

• Decision Date: 19 October 2010
• Citation: 7 A.3d 249
• Parties: SCHUYLKILL TOWNSHIP, Appellant v. PENNSYLVANIA BUILDERS ASSOCIATION, Home Builders Association of Chester and Delaware Counties, The Basile Corporation and SHC, Inc., Appellees.
• Court: Pennsylvania Supreme Court

7 A.3d 249

SCHUYLKILL TOWNSHIP, Appellant

v.PENNSYLVANIA BUILDERS ASSOCIATION, Home Builders Association of Chester and Delaware Counties, The Basile Corporation and SHC, Inc., Appellees.

Supreme Court of Pennsylvania.

Argued Oct. 22, 2008.

Decided Oct. 19, 2010.

Jordan Berson Yeager, Esq., Curtin & Heefner, L.L.P., Doylestown, for Schuylkill Township.

Stephen J. Dzuranin, Esq., Thomas L. Wenger, Esq., Wix, Wenger & Weidner, P.C., Harrisburg, Jeffrey Concini Clark, Esq., for Amicus Curiae Pennsylvania State Association of Township Supervisors.

Loudon L. Campbell, Esq., Eckert Seamans Cherin & Mellott, LLC, Harrisburg,for PA Builders Assoc., Home Builders Assoc. of Chester & Delaware Ctys., The Basile Corp. & SHC.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.

OPINION

Justice EAKIN.

Schuylkill Township appeals the Commonwealth Court's order affirming a Department of Labor and Industry adjudication invalidating the Township's sprinkler ordinance; the Ordinance required standards beyond the minimum requirements of the Uniform Construction Code (UCC), and that court found no local circumstances or conditions exist in the Township justifying such an exception. We affirm.

The Pennsylvania Construction Code Act (PCCA), 35 P.S. § 7210.101 et seq., stresses uniformity: "[t]he way to insure uniform, modern construction standards and regulations throughout this Commonwealth is to adopt a Uniform Construction Code." Id., § 7210.102(a)(3). Section 301 of the PCCA granted the Department of Labor and Industry authority to promulgate uniform statewide construction standards, id., § 7210.301(a)(1), which it did by adopting the UCC in April, 2004. 34 Pa.Code § 401.1 et seq.; Allegheny Inspection Service, Inc. v. North Union Township, 600 Pa. 245, 964 A.2d 878, 881 (2009). "[T]he provisions of the [UCC] ... preempt and rescind construction standards provided by a statute, local ordinance or regulation. The rescission or preemption does not apply to ordinances in effect on July 1, 1999...." 34 Pa.Code § 403.2(a). Ordinances enacted after the effective date which require more than ("exceed") the UCC's minimum requirements are subject to review by the Department of Labor and Industry pursuant to 35 P.S. § 7210.503(j).

Schuylkill Township enacted Ordinance 2005-01, requiring sprinklers in all new structures or dwellings, including basements, additions, and structural alterations. Ordinance 2005-01 provides, in relevant part:

Section 1 Fire Suppression Systems-As set out herein, a fully operational automatic fire suppression system ... is hereby required:

A. All new construction of a structure or dwelling ... shall be equipped with a fully operational automatic Fire Suppression System....

B. All new addition(s) or structural alteration(s) ... representing 1,000 square feet or more of gross floor area ... shall be equipped with a fully operational Fire Suppression System throughout the existing structure and any new addition(s). Additions or alterations to an existing sprinklered structure shall be sprinklered no matter the square footage of the addition or alteration.

C. Fire Suppression System[s] shall be required throughout basements of newly constructed buildings.

Id. The Ordinance applies to structures or dwellings as defined in the Schuylkill Township Zoning Ordinance of 1955.¹

It is undisputed Ordinance 2005-01's sprinkler mandate exceeds the UCC because the UCC did not require sprinklers.² An ordinance exceeding the UCC must meet all four standards set forth in § 7210.503(j)(2) to be valid:

(2) The [Department of Labor and Industry] shall review any ordinance which would equal or exceed the minimum requirements of the [UCC] based on the following standards:

(i) that certain clear and convincing local climatic, geologic, topographic or public health and safety circumstances or conditions justify the exception;

(ii) the exception shall be adequate for the purpose intended and shall meet a standard of performance equal to or greater than that prescribed by the Uniform Construction Code;

(iii) the exception would not diminish or threaten the health, safety and welfare of the public; and

(iv) the exception would not be inconsistent with the legislative findings and purpose described in section 102.

35 P.S. § 7210.503(j)(2). In the present case, the only disputed standard is § 7210.503(j)(2)(i).

In April, 2005, appellees challenged the Ordinance on the basis it exceeded the UCC. At the Department of Labor and Industry hearing, the Township argued local conditions or circumstances warranted the Ordinance's sprinkler mandate and thus justified an exception to the UCC pursuant to § 7210.503(j)(2)(i). The local conditions it named were: population growth, which places a strain on its volunteer fire department; mountainous topography and traffic congestion, which delays firefighter response time; and modern construction, which utilizes rapidly-burning wooden trusses.

The Secretary of the Department of Labor and Industry found the volunteer fire department had, at that time, 40 active members, and a second fire station was under construction. He indicated the fire department responded to 292 calls in 2004, and less than ten responses were to family homes. The Secretary noted all new subdivisions or land development plans in the Township were required to have fire hydrants served by a public water supply. Further, the fire department determined where to place the hydrants and visited each new development to oversee hydrant installation. The Secretary acknowledged the Township was dependent on a volunteer fire department while concurrently dealing with population growth and increased traffic congestion; however, none of the Township's evidence suggested the traffic congestion caused a significant impediment to firefighter response. Topographical evidence indicated no roadways had an incline of greater than 25%. TheSecretary opined "these conditions are not atypical[,]" and "standing alone, do not justify an exception to the general rule of uniformity." Department of Labor and Industry Adjudication and Order, 11/15/05, at 19. He concluded: "The Township has failed to establish clear and convincing local climatic, geologic, topographic or public health and safety circumstances and conditions in the Township to justify the enactment of Ordinance 2005-01." Id., at 9 (emphasis in original). Thus, the Secretary invalidated Ordinance 2005-01.

The Township appealed to the trial court, arguing 35 P.S. § 7210.503(j)(2)(i) merely required proof that local conditions, not atypical conditions, justified a UCC exception, and the Secretary committed an error of law and abused his discretion in invalidating Ordinance 2005-01. The trial court sustained the Secretary's order, determining he did not interject "the requirement of a finding of a local condition not widespread or generally found in the Commonwealth" into § 7210.503(j)(2)(i). Trial Court Opinion, 8/29/06, at 8. Instead, it found "the Secretary's statement was one further factual finding made immediately prior to issuing his holding in the case." Id., at 6. The trial court reasoned "the term 'local' must be interpreted to mean that some circumstance or condition that is not widespread or generally found in the Commonwealth can be shown to exist within a municipality to justify an exception to the standards set forth in the UCC." Id., at 7-8.

The Township appealed to the Commonwealth Court, which affirmed. The Commonwealth Court agreed with the trial court the Secretary's use of the phrase "not atypical" was not a legal conclusion. Schuylkill Township v. Pennsylvania Builders Association, 935 A.2d 575, 581 (Pa.Cmwlth.2007). Nevertheless, the court found equating "local" with "atypical" was not erroneous, pursuant to the rules of statutory construction, as the PCCA does not define "local," and the dictionary definition offers two meanings: "relating to position in space[,]" or "not general or widespread." Id., at 581-82 (citing Webster's Third New International Dictionary 1327 (2002)). The Commonwealth Court found "[t]he Secretary's reasoning draws upon both definitions." Id., at 582. Thus, it rejected the Township's assertion "atypicality" should play no role in the Secretary's adjudication. Id. It held the Secretary "simply required the Township to show that conditions there were so different from the statewide norm that the uniform standards were not appropriate to use in the Township." Id., at 583. Furthermore, it held substantial evidence supported the Secretary's invalidation of Ordinance 2005-01.

The Township petitioned for allowance of appeal. We accepted review to determine:

a. Whether Section 503 of the [PCCA], 35 P.S. § 7210.503(j)(2), requires a municipality to prove that there are unusual local circumstances or conditions atypical of other municipalities that would justify an ordinance which departs from the construction standards mandated by the [UCC]?

b. Whether the Commonwealth Court, in establishing a new standard on an issue of first impression, should have provided the Township with an opportunity to satisfy that standard?

Schuylkill Township v. Pennsylvania Builders Association, 596 Pa. 586, 947 A.2d 714 (2008) (table). "The standard of review when determining the validity of an agency adjudication is whether there has been an error of law, whether constitutional rights have been violated, or whether the agency's factual findings are supported by substantial evidence."

Insurance Federation of Pennsylvania, Inc. v. Commonwealth, Department of Insurance, 585 Pa. 630, 889 A.2d 550, 553 (2005) (citing 2 Pa.C.S. § 704). ³

Because the question of statutory interpretation arose in the administrative agency context, we are not presented with a pure question of law. Rather, the issue presents a mixed question of law and fact. We must determine whether the Department of Labor and Industry reached the proper legal adjudication in applying a statutory standard to particular facts. Be...