Township of Derry v. Pennsylvania Department of Labor & Industry

OPINION BY

Judge BUTLER.

Petitioner, Derry Township (Township) filed a Petition for Review in this Court’s original jurisdiction, seeking a declaratory judgment that Section 401.1 of Pennsylvania’s Uniform Construction Code, 34 Pa. Code § 401.1 (Section 401.1), is overbroad and exceeds the authority provided to the Department of Labor and Industry (Department) by the Pennsylvania Construction Code Act (PCCA), 1 in that Section 401.1 defines the term “State-owned buildings” as including buildings owned by institutions which are merely State-related. Having overruled the preliminary objections…