Mellott v. Dept. of Labor and Industry

The moral of this appeal is “Keep your certifications current.” Mellott petitioned the Pennsylvania Commonwealth Court to review the order denying his applications for certification and renewal under the Pennsylvania Construction Code Act and the Uniform Construction Code Training and Certification of Code Administrators. The crux of the dispute involved whether a code administrator whose Pennsylvania certifications have been expired for more than a year may re-apply for certifications using the same examination results he used to obtain his original certifications or whether the UCC requires him to retake and pass the tests. The Department of Labor and Industry ruled that Mellott had to retake the exams. The Court affirmed, holding that the Department’s statutory interpretation was reasonable and consistent with the language of the regulations and the overall statutory as well as regulatory schemes.

Mellott