Toll Brothers files suit over local building codes

By FREDA R. SAVANA
The Intelligencer

In a lawsuit filed in Bucks County Court, attorneys for Toll Brothers say Buckingham is wrongly applying outdated township building codes to its projects which is costing the Horsham builder thousands more on each home built.

The state code, they believe, should take precedence.

According to Stephen Harris, an attorney representing the developer, the outdated local code is adding some $7,000 to $8,000 to the price of each home.

Specifically at issue is a provision in the township building code that requires the use of number two grade lumber and the installation of automatic fire suppression systems in all new residential construction.

That requirement, contends Toll, is inconsistent with the Uniform Construction Code instituted by the state nearly 10 years ago.

Buckingham officials disagree however, saying the state allowed for township codes to stay in place if they were stricter than the state's.

Craig Smith, the township's attorney, said Buckingham is only trying to ensure quality construction based on its interpretation of the law.

“It's interesting that Toll doesn't want to use the best lumber,” he said.

Back in 1999, Buckingham, like municipalities across the state, lost its authority to regulate construction and construction materials by local ordinance.

Instead, Pennsylvania gave the Department of Labor and Industry the job of adopting a uniform building code intended to standardize construction codes.

While Buckingham switched over to the new code, it made certain modifications that, Harris said, conflicted with the state's provisions.

Furthermore, the lawsuit states, the township didn't enforce its lumber or sprinkler requirements for approximately 375 residences built by Toll Brothers in Buckingham until 2008 when a new code official took over.

Smith said he believes those houses were built under a court settlement that allowed construction without the sprinkler system.

Freda R. Savana can be reached at 215-345-3061 or fsavana@phillyBurbs.com.