The Builders Association of Metropolitan Pittsburgh is suing Gov. Tom Wolf in Commonwealth Court because it said it sees an unfair double standard in construction rules.

The move is part of an effort to convince Wolf to revise rules for construction that make it harder to build homes than offices, the Builders Association said. It points to covid-19 construction guidelines issued by the state Department of Health imposing a cap on the number of workers on residential projects but not commercial projects.

Wolf’s office did not return a call Thursday.

The current guidelines limit all indoor construction projects to four workers per 2,000 square feet while commercial projects are permitted to add one worker for every additional 500 square feet.

The complaint says both the governor and health secretary have violated the equal protections of member businesses provided under both the state and U.S. Constitutions.

The Builders Association wants the governor to give the same permission for residential projects. Projects under this revised guideline would continue to follow safety and social distance directives from CDC, OSHA and the Department of Health, the Builders Association said.

“Housing is essential. But the current rule needlessly prevents home builders from providing it,” Builders Association Executive Director James Eichenlaub said in a statement. “We all recognize the governor is dealing with an unprecedented crisis and we regret that we were unable to resolve this issue through other channels. Our greatest hope is that the administration will revise its guidance as soon as possible so we can drop this lawsuit and get back to work.”

Eichenlaub said it is important to seek this revision now because the timeline for reopening is unknown and may even reverse depending on the status of the pandemic. The Builders Association represents builders in Allegheny, Beaver, Butler, Greene, Washington and Westmoreland counties.

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