PRINTER'S NO. 889
No. 736 Session of 2005
INTRODUCED BY ROBBINS, BOSCOLA, CORMAN, EARLL, LEMMOND, ORIE,
WENGER, D. WHITE, M. WHITE AND WOZNIAK, JUNE 9, 2005
REFERRED TO LABOR AND INDUSTRY, JUNE 9, 2005
AN ACT
1 Amending the act of November 10, 1999 (P.L.491, No.45), entitled
2 "An act establishing a uniform construction code; imposing
3 powers and duties on municipalities and the Department of
4 Labor and Industry; providing for enforcement; imposing
5 penalties; and making repeals," further providing for
6 definitions; and providing for applicability.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 103 of the act of November 10, 1999
10 (P.L.491, No.45), known as the Pennsylvania Construction Code
11 Act, is amended by adding a definition to read:
12 Section 103. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 * * *
17 "Means of egress." A continuous and unobstructed path of
18 vertical and horizontal egress travel from any occupied portion
19 of a building or structure to a public way. A means of egress
1 consists of three separate and distinct parts: the exit access,
2 the exit and the exit discharge.
3 * * *
4 Section 2. The act is amended by adding sections to read:
5 Section 902.1. Applicability to certain buildings.
6 An existing building which did not have a certificate of
7 occupancy prior to April 10, 2004, shall be treated as an
8 existing building under Chapter 3. The following apply:
9 (1) A building under this section shall be issued an
10 occupancy permit under Chapter 3 if the building is not
11 unsafe, unsanitary or judged to be a fire hazard or dangerous
12 to human life or public welfare.
13 (2) For a building under this section, a code
14 administrator shall not require changes which are technically
15 infeasible for the purpose of meeting means of egress
16 requirements.
17 (3) A code administrator shall construe this section
18 liberally to allow a property owner to maintain occupancy of
19 a building under this section.
20 Section 902.2. Immunity, liability and indemnification with
21 regard to certain buildings.
22 (a) Immunity.--Nothing in this act shall be deemed to
23 constitute a waiver of governmental or sovereign immunity.
24 (b) Liability.--A municipality shall not be liable for civil
25 damages as a result of acts or omissions by a municipality in
26 permitting the occupancy of a building which did not have a
27 certificate of occupancy prior to April 10, 2004.
28 (c) Indemnification.--The Commonwealth shall indemnify a
29 municipality and hold a municipality harmless from all claims,
30 suits, demands, judgments or causes of action made against the
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1 municipality, its elected or appointed officials, employees,
2 agents or volunteers arising from or in connection with
3 permitting the occupancy of a building which did not have a
4 certificate of occupancy prior to April 10, 2004.
5 Section 3. This act shall take effect immediately.
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