THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY CORMAN, ROBBINS, D. WHITE, BROWNE, ALLOWAY, BRUBAKER, EARLL, EICHELBERGER, FOLMER, FONTANA, PICCOLA, SMUCKER, VOGEL, M. WHITE, YAW AND BOSCOLA, MARCH 8, 2011

REFERRED TO LABOR AND INDUSTRY, MARCH 8, 2011  

AN ACT

Amending the act of November 10, 1999 (P.L.491, No.45), entitled

"An act establishing a uniform construction code; imposing

powers and duties on municipalities and the Department of

Labor and Industry; providing for enforcement; imposing

penalties; and making repeals," further providing for Uniform

Construction Code Review and Advisory Council, for revised or

successor codes and for exemptions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 107 and 304 of the act of November 10,

1999 (P.L.491, No.45), known as the Pennsylvania Construction

Code Act, amended or added October 9, 2008 (P.L.1386, No.106),

are amended to read:

Section 107.  Uniform Construction Code Review and Advisory

Council.

(a)  Establishment.--The Uniform Construction Code Review and

Advisory Council is hereby established.

(b)  Duties.--The council shall do the following:

(1)  Gather information from municipal officers, building

code officials, construction code officials, licensed design

professionals, builders and property owners concerning issues

with the Uniform Construction Code raised by council members

or changes proposed by members of the General Assembly.

(2)  Evaluate the information compiled under paragraph

(1) and make recommendations to the following:

(i)  The Governor.

(ii)  The Secretary of Labor and Industry.

(iii)  The members of any legislative committee

considering amendments to this act.

(iv)  The President pro tempore of the Senate.

(v)  The Speaker of the House of Representatives.

(vi)  The Code Development Councils of the

International Code Council.

(3)  With the exception of the provisions of Chapter 11

and Appendix E of the International Building Code of [2006]

2009, or its successor codes, or any other accessibility

requirements contained in or referenced by the Uniform

Construction Code relating to persons with physical

disabilities, review [new and amended provisions contained in

triennial revisions of the codes issued by the International

Code Council to any of its codes. The council shall inform

the department of any code provisions that should be excluded

from the Uniform Construction Code by May 1 of the year of

issuance of the latest triennial code issued by the

International Code Council.] the latest triennial codes

issued by the International Code Council, beginning with the

2012 codes, as delineated in subsection (b.1).

(b.1)  Code review process.--

(1)  Beginning with the 2012 ICC codes, the council shall

review the latest codes upon official publication of the

codes. The review process shall be not longer than six

months, provided that review of the 2012 ICC codes shall be

not longer than six months from the effective date of this

subsection.

(2)  During the review process, the council shall hold at

least three public hearings. One of the public hearings shall

be held in Harrisburg, one shall be held in the eastern

region of this Commonwealth and one shall be held in the

western region of this Commonwealth.

(3)  The council shall submit a report to the secretary

within the six-month period required under paragraph (1) with

recommendations for adoption or exclusion of codes. The

provisions of the codes that are specified for adoption or

exclusion shall be separately designated in the report.

(4)  Only recommendations that are supported by a two-

thirds vote of council membership can be included in the

report required under paragraph (3).

(5)  The report shall examine each recommendation

applying the following three criteria:

(i)  the impact that the provision may have upon the

health, safety and welfare of the public;

(ii)  the economic and financial impact of the

provision;

(iii)  the technical feasibility of the provision.

(c)  Composition.--The council shall consist of the following

members appointed by the Governor:

(1)  A general contractor from an association

representing the residential construction industry who has

recognized ability and experience in the construction of new

residential buildings.

(2)  A general contractor from an association

representing the nonresidential construction industry who has

recognized ability and experience in the construction of

nonresidential buildings.

(3)  A Uniform Construction Code-certified residential

building inspector who possesses all five residential

certifications from an association representing building code

officials who has experience administering and enforcing

residential codes.

(4)  A Uniform Construction Code-certified building

inspector who possesses all nonresidential inspection

certifications, but need not possess a fire inspector

certification, or a certified plans examiner who also holds

an accessibility certification from an association

representing building code officials who has experience

administering and enforcing nonresidential codes.

(5)  A Uniform Construction Code-certified fire inspector

from an association representing building code officials.

(6)  A Uniform Construction Code-certified building code

official from an association representing building code

officials with building code official certification.

(7)  A residential contractor from an association

representing contractors engaged in remodeling residential

buildings who has recognized ability and experience in

remodeling residential and nonresidential buildings.

(8)  A licensed architect from an association

representing architects who has recognized ability and

experience in the design and construction of nonresidential

buildings.

(9)  A licensed architect from an association

representing architects who has recognized ability and

experience in the design and construction of residential

buildings.

(10)  A licensed structural engineer from an association

representing professional engineers who has recognized

ability and experience in the design and construction of

buildings.

(11)  A licensed mechanical engineer specializing in HVAC

systems from an association representing professional

engineers who has recognized ability and experience in the

design and construction of buildings.

(12)  A licensed mechanical engineer specializing in

plumbing and fire protection from an association representing

professional engineers who has recognized ability and

experience in the design and construction of buildings.

(13)  A licensed electrical engineer from an association

representing professional engineers who has recognized

ability and experience in the design and construction of

buildings.

(14)  An elected official of a township of the second

class who has recognized ability and experience in

construction of buildings.

(15)  An elected borough official who has recognized

ability and experience in construction of buildings.

(16)  An elected official of a third class city who has

recognized ability and experience in the construction of

buildings.

(17)  An individual from an association representing

manufactured housing who shall be knowledgeable, licensed or

certified to sell and install manufactured housing.

(18)  An official of a city of the first class who has

recognized ability and experience in the administration and

enforcement of this act.

(19)  An individual from an association representing only

modular housing manufacturers who is knowledgeable, licensed

or certified under the act of May 11, 1972 (P.L.286, No.70),

known as the Industrialized Housing Act, to manufacture and

sell modular homes in Pennsylvania.

At least one of the inspectors appointed to the council shall be

a municipal employee, and at least one inspector shall be a

third-party private sector inspector.

(d)  Vacancies.--Vacancies on the council shall be filled in

the same manner in which they were originally designated within

30 business days of the vacancy. If the Governor fails to act

within 30 business days, the council chairperson shall appoint

an individual to fill the vacancy.

(e)  Removal.--A member may be removed for just cause by the

Governor.

(f)  Terms.--A member of the council shall serve terms of two

years and until his successor is appointed beginning July 1,

2008, except the initial term of members appointed under

subsection (c)(1), (3), (4), (5), (8), (11), (13) and (14) shall

be for three years and until their successor is appointed.

(g)  Chairperson and vice chairperson.--The members shall

elect, by a majority vote, a chairperson and vice chairperson of

the council.

(h)  Quorum and consensus.--Ten members shall constitute a

quorum, and a consensus among at least ten members must be

reached before any determination can be made by the council.

(i)  Meetings.--Meetings shall be conducted as required under

65 Pa.C.S. Ch. 7 (relating to open meetings) as follows:

(1)  The council shall meet at least once every six

months. Meeting dates shall be set by majority vote of the

council members or by the call of the chair along with at

least seven business days' notice to all members.

(2)  All meetings of the council shall be publicly

advertised and shall be open to the public. Members of the

general public shall be given reasonable opportunity to

address the council.

(3)  The council shall publish a schedule of its meetings

in the Pennsylvania Bulletin and in at least one newspaper of

general circulation. The notice shall be published at least

five business days in advance of each meeting. The notice

shall specify the date, time and place of the meeting and

shall state that the meetings of the council are open to the

general public.

(j)  Administrative support.--The secretary shall provide a

facility for council meetings under this act, stenographic

services and required notice of the council's meetings.

(k)  Technical support.--The council may solicit and retain,

without compensation, individuals who are qualified by training

or experience to provide expert input to the council and, at the

discretion of the council, such individuals may be reimbursed

for reasonable travel expenses at a rate established by the

secretary.

(l)  Compensation and expenses.--Members of the council shall

not receive a salary or per diem allowance for their service.

Section 304.  Revised or successor codes.

[(a)  Building code.--

(1)  Subject to sections 105(c) and (d), 301(a)(3), (4),

(5), (6) and (7), (c) and (d) and 302, by December 31 of the

year of the issuance of a new triennial ICC International

Building Code, or its successor building code, the department

shall promulgate regulations adopting the new code as the

Uniform Construction Code unless the council informs the

department that it should exclude any provisions of the

triennial code from the Uniform Construction Code. If the

council provides this notification, the department shall

submit regulations adopting the triennial code with

provisions omitted by the council under this section within

90 days following council notification.

(2)  Subject to sections 105(c) and (d), 301(a)(3), (4),

(5), (6) and (7), (c) and (d) and 302, by December 31 of the

year of issuance of a new triennial ICC International

Residential Code, or its successor building code, the

department shall promulgate regulations providing that all

detached one-family and two-family dwellings and one-family

townhouses that are not more than three stories in height and

their accessory structures may be designed in accordance with

that code or the Uniform Construction Code at the option of

the building permit applicant. The department shall

promulgate regulations adopting the new code as the Uniform

Construction Code unless the council informs the department

that it should exclude any provisions of the triennial code

from the Uniform Construction Code. If the council provides

this notification, the department shall submit regulations

adopting the triennial code with provisions omitted by the

council under this section within 90 days following council

notification.]

(a)  Duties of department.--Upon receipt of report under

section 107(b.1)(1) the department shall:

(1)  Review the report, supporting documentation and

recommendation.

(2)  Except as provided under paragraph (3), within six

months of the receipt of the report, promulgate final-omitted

regulations pursuant to the act of June 25, 1982 (P.L.633,

No.181), known as the Regulatory Review Act, to adopt the

recommendations made in the report without change.

(3)  The department may exclude from publication any of

the recommendations in the report if the department

determines any of the following:

(i)  The recommendation is not technically feasible

in all geographic areas of this Commonwealth.

(ii)  The recommendation will have a substantial

negative economic or financial impact on consumers.

(b)  International Fuel Gas Code.--By December 31 of the year

of the issuance of a new International Fuel Gas Code, or its

successor code, the department shall promulgate regulations

adopting the new code.

(c)  Prior permits and construction.--

(1)  A construction permit issued under valid

construction regulations prior to the effective date of

regulations for a subsequent Uniform Construction Code or

International Fuel Gas Code issued under this act shall

remain valid, and the construction of any building or

structure may be completed pursuant to and in accordance with

the permit.

(2)  If the permit has not been actively prosecuted

within two years of the effective date of the regulation or

the period specified by a municipal ordinance, whichever is

less, the former permitholder shall be required to acquire a

new permit.

(3)  Where construction of a building or structure

commenced before the effective date of the regulations for a

subsequent Uniform Construction Code or International Fuel

Gas Code issued under this act and a permit was not required

at that time, construction may be completed without a permit.

[(d)  Code revisions.--

(1)  The council may determine that any new or amended

provision contained in a triennial revision by the ICC to any

of the codes which have been adopted by regulation of the

department as part of the Uniform Construction Code is not,

in the opinion of the council, consistent with the intent and

purpose of this act or is otherwise inappropriate for

inclusion in the Uniform Construction Code. In making a

determination on the new or amended triennial revisions, the

council may consider the provisions of section 102, as well

as other relevant factors, including, but not limited to:

(i)  The impact that the provisions may have upon the

health, safety and welfare of the public.

(ii)  The economic reasonableness and financial

impact of the provisions.

(iii)  The technical feasibility of the provisions.

(2)  When adopting the latest triennial versions of the

ICC codes, the department shall exclude a specific new or

amended code provision rejected by the council under

paragraph (1) and shall provide that the relevant provisions

of the prior versions of the code shall remain in effect.]

Section 2.  Section 901(a) of the act, amended July 7, 2006

(P.L.1052, No.108), is amended and the section is amended by

adding subsections to read:

Section 901.  Exemptions.

(a)  Manufactured housing.--This act shall not apply to

manufactured housing which bears a label, as required by and

referred to in the act of November 17, 1982 (P.L.676, No.192),

known as the Manufactured Housing Construction and Safety

Standards Authorization Act, which certifies that it conforms to

Federal construction and safety standards adopted under the

Housing and Community Development Act of 1974 (Public Law

93-383, 88 Stat. 633), nor shall it apply to industrialized

housing, as defined in the act of May 11, 1972 (P.L.286, No.70),

known as the Industrialized Housing Act, with the exception that

any model code enacted pursuant to the Industrialized Housing

Act shall not include code provisions specifically omitted from

adoption pursuant to this act.

* * *

(f)  Log walls.--Log walls with a minimum average wall

thickness of five inches or greater which comply with the

International Code Council Standard on the Design and

Construction of Log Structures, ICC 400-2007, or other successor

standard which the department may specify by regulation, shall

be permitted in residential buildings if:

(1)  the area weighted average U-factor for fenestration

products in the log walls is a maximum of 0.31; and

(2)  (i)  the building heating equipment meets or exceeds

the following Department of Energy ratings:

(A)  Gas furnace - 90 annual fuel utilization

efficiency (AFUE).

(B)  Oil furnace - 85 annual fuel utilization

efficiency (AFUE).

(C)  Boilers - 85 annual fuel utilization

efficiency (AFUE).

(D)  Air source heat pumps - 8.2 heating seasonal

performance factor (HSPF) split systems.

(E)  For water-to-air geothermal heat pumps:

(I)  Closed loop water-to-air, an energy

efficiency rating of 14.1 and coefficient of

performance of 3.3.

(II)  Open loop water-to-air, an energy

efficiency rating of 16.2 and coefficient of

performance of 3.6.

(F)  For water-to-water geothermal heat pumps:

(I)  Closed loop water-to-water, an energy

efficiency rating of 15.1 and coefficient of

performance of 3.0.

(II)  Open loop water-to-water, an energy

efficiency rating of 19.1 and coefficient of

performance of 3.4.

(G)  For direct geothermal exchange, an energy

efficiency rating of 15.0 and coefficient of

performance of 3.5;

or

(ii)  the building heating equipment is qualified

under the Energy Star program jointly operated by the

Department of Energy and the Environmental Protection

Agency as provided for in 10 CFR Pt. 430 (relating to

energy conservation program for consumer products); and

(iii)  all energy efficiency requirements of this act

applicable to components other than log walls are met.

(g)  Automatic fire sprinkler systems in one-family and two-

family dwellings.--

(1)  Section R313.2 (relating to automatic fire sprinkler

systems in one- and two-family dwellings) of the

International Residential Code (2009 edition), and any

successor triennial revisions, are excluded from this act and

shall not be part of Chapter 3.

(2)  A builder of a one-family or two-family dwelling

subject to the International Residential Code shall, at or

before the time of entering into the purchase contract, do

all of the following:

(i)  Offer to a buyer the option to install or equip,

at the buyer's expense, an automatic fire sprinkler

system in the building or dwelling unit designed and

installed in accordance with the provisions of section

R313.2.1 (relating to design and installation of

automatic fire sprinkler systems) of the International

Residential Code (2009 edition).

(ii)  Provide the buyer with information which

explains the initial and ongoing cost of installing and

equipping an automatic fire sprinkler system in the

building or dwelling unit.

(3)  An applicant for a construction permit that has been

approved under section 502, prior to the effective date of

this subsection, may opt to utilize the provisions of this

subsection on construction authorized under the permit.

(h)  Wall bracing requirements.--Section R602.10 through

section R602.12.1.6 of the 2009 International Residential Code,

or its successor provisions, are excluded from the Uniform

Construction Code. The wall bracing requirements of section

R602.10 through section R602.11.3 of the International

Residential Code of 2006 shall be part of the Uniform

Construction Code.

Section 3.  This act shall take effect immediately.