PRIOR PRINTER'S NO. 2603 PRINTER'S NO. 2838
No. 1951 Session of 1984
INTRODUCED BY ITKIN, J. L. WRIGHT, PETRARCA, PISTELLA, KUKOVICH,
PRATT, SWEET, PRESTON AND RICHARDSON, FEBRUARY 22, 1984
AS REPORTED FROM COMMITTEE ON MINES AND ENERGY MANAGEMENT,
HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 30, 1984
AN ACT
1 Amending the act of December 15, 1980 (P.L.1203, No.222),
2 entitled "An act providing for the regulation for energy
3 conservation purposes of the construction of buildings, the
4 establishment of a Building Energy Conservation Committee and
5 a Board on Variances, appeals and for penalties," changing
6 the definition of "building"; further providing for
7 certification; further providing for notice to the
8 department; providing for notice to public utilities; further
9 providing for penalties; and further providing for variances.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The definition of "building" in section 103 of
13 the act of December 15, 1980 (P.L.1203, No.222), known as the
14 Building Energy Conservation Act, amended July 10, 1981
15 (P.L.231, No.75), is amended and a definition is added to read:
16 Section 103. Definitions.
17 The following words and phrases when used in this act shall
18 have, unless the context clearly indicates otherwise, the
19 meanings given to them in this section:
20 "Building." Any structure that provides facilities or
1 shelter for public assembly or for educational, business,
2 mercantile, institutional, warehouse or residential occupancy,
3 or industrial use including, but not limited to, those portions
4 of factory and industrial occupancy such as office space except
5 for:
6 (1) Buildings and structures or portions thereof whose
7 peak design rate of energy usage is less than one watt per
8 square foot or [3.4] 3.5 BTU/hr per square foot of floor area
9 for all purposes.
10 (2) Structures or those portions of structures used for
11 housing equipment or machinery, or in which manufacturing or
12 processing is done, where the operation of such equipment or
13 machinery, or the manufacturing or processing procedures
14 employed require the use of or generate substantial heat
15 producing energy or cooling within the structure. As used
16 herein, the generation of substantial heat shall mean
17 generation of more than 6 watts per square foot of floor
18 area.
19 (3) Buildings which are neither heated nor cooled.
20 (4) Historic buildings.
21 (5) Buildings owned by the Federal Government.
22 (6) All units subject to the act of May 11, 1972
23 (P.L.286, No.70), known as the "Industrialized Housing Act."
24 (7) All units subject to Title VI (Public Law 93-383),
25 referred to as the Federal Mobile Home Construction and
26 Safety Standards Act of 1974.
27 (8) Buildings which are constructed primarily of tree
28 logs and only incidentally of other materials.
29 * * *
30 "Public utility." A person or corporation in this
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1 Commonwealth owning or operating equipment or facilities for
2 producing, generating, transmitting, distributing or furnishing
3 electricity, gas or steam to or for the public for compensation <--
4 for the purpose of heating and/or cooling residential buildings. <--
5 FOR ANY PURPOSE. THIS TERM INCLUDES AN ELECTRIC COOPERATIVE <--
6 CORPORATION CREATED UNDER THE PROVISIONS OF THE ACT OF JUNE 21,
7 1937 (P.L.1969, NO.389), KNOWN AS THE "ELECTRIC COOPERATIVE
8 CORPORATION ACT," AND WHICH PROVIDES RETAIL ELECTRIC SERVICE TO
9 ITS MEMBERS ON A NONPROFIT BASIS. The term does not include:
10 (1) Any generator, producer or manufacturer of
11 electricity or steam not engaged in distributing such
12 electricity, gas or steam directly to the public for
13 consumption COMPENSATION. <--
14 (2) Any person or corporation not otherwise a public
15 utility who or which furnishes service only to himself or
16 itself.
17 * * *
18 Section 2. Section 305(e) of the act is amended to read: <--
19 Section 305. Certification.
20 * * * <--
21 (A) APPLICABILITY.--THE PROVISIONS OF THIS SECTION SHALL <--
22 APPLY TO ALL BUILDINGS SUBJECT TO THIS ACT EXCEPT THOSE
23 CLASSIFIED AS USE GROUP R-3.
24 (B) COMPLIANCE WITH ACT.--IT SHALL BE THE DUTY OF THE
25 LICENSED DESIGN PROFESSIONAL RETAINED IN CONNECTION WITH THE
26 DESIGN OR CONSTRUCTION OF A BUILDING TO CERTIFY THAT, IN HIS
27 PROFESSIONAL OPINION AND IN ACCORDANCE WITH THE ACCEPTED
28 STANDARDS OF HIS PROFESSION, THE DRAWINGS, SPECIFICATIONS AND
29 OTHER DATA WILL ACHIEVE COMPLIANCE WITH THE PROVISIONS OF THIS
30 ACT, EXCEPT AS PROVIDED IN SUBSECTION (E). ALL SUCH INFORMATION
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1 REQUIRED IN THIS PROVISION TO BE SUBMITTED TO THE DEPARTMENT
2 MUST BE ACCOMPANIED BY A FILING FEE OF $10. THE FILING FEE MAY
3 BE SUBJECT TO CHANGE BY THE BUILDING ENERGY CONSERVATION
4 COMMITTEE UPON THE RECOMMENDATION OF THE DEPARTMENT TO THE
5 BUILDING ENERGY CONSERVATION COMMITTEE, PROVIDED, HOWEVER, THAT
6 ADVANCE NOTICE OF SUCH CHANGE HAS APPEARED IN THE PENNSYLVANIA
7 BULLETIN. IF THE BUILDING IS SUBJECT TO THE PROVISIONS OF THE
8 ACT OF APRIL 27, 1927 (P.L.465, NO.299), REFERRED TO AS THE FIRE
9 AND PANIC ACT, THE CERTIFICATION REQUIRED HEREUNDER SHALL BE
10 SUBMITTED ON A FORM WITH THE APPLICATION FOR PLAN APPROVAL UNDER
11 THE SAID FIRE AND PANIC ACT.
12 (C) INSPECTION.--EACH LICENSED DESIGN PROFESSIONAL RETAINED
13 BY THE OWNER OR HIS DESIGNEE, WHERE ANY OF SUCH ARE RETAINED
14 DURING THE CONSTRUCTION OF A BUILDING, SHALL MAKE PERIODIC
15 INSPECTIONS OF THE BUILDING PROGRESSION TO [INSURE] OBSERVE
16 COMPLIANCE WITH THIS ACT, EXCEPT AS PROVIDED IN SUBSECTION (E):
17 PROVIDED, THAT SUCH INSPECTION SHALL NOT BE CONSTRUED AS A
18 GUARANTEE OF SATISFACTORY PERFORMANCE BY OTHERS OR AS AN
19 ASSUMPTION OF FINANCIAL LIABILITY FOR DEFECTS OR DEFICIENCIES IN
20 THE WORK OF OTHERS.
21 (D) FINAL CERTIFICATION.--EACH [LICENSED DESIGN
22 PROFESSIONAL] BUILDER RETAINED BY THE OWNER OR THE OWNER, IF HE
23 IS THE BUILDER, SHALL MAKE A FINAL CERTIFICATION OF EVERY
24 COMPLETED BUILDING STATING THAT[, IN HIS PROFESSIONAL OPINION
25 AND IN ACCORDANCE WITH THE ACCEPTED STANDARDS OF HIS
26 PROFESSION,] SUCH BUILDING HAS BEEN CONSTRUCTED IN COMPLIANCE
27 WITH THE PROVISIONS OF THIS ACT[, EXCEPT AS PROVIDED IN
28 SUBSECTION (E)].
29 (e) Certification by builder.--If a licensed design
30 professional is not retained in connection with the [design and] <--
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1 construction of a building, it shall be the responsibility of
2 the builder or owner, if he is the builder, to perform the
3 inspections and certification required by this section including
4 payment of the filing fee.
5 Section 3. Section 306(a) of the act is amended and a
6 subsection is added to read:
7 Section 306. Use Group R-3; notice; warranty.
8 (a) Notice to department.--Prior to construction of any
9 building classified as Use Group R-3, the builder shall notify
10 the department by certified mail of his intent to begin
11 construction. Such notice shall include a filing fee of [$5] $10
12 and contain the name of the owner of the building and its
13 location. The filing fee may be subject to change by the
14 Building Energy Conservation Committee, upon the recommendation
15 of the department to the Building Energy Conservation Committee,
16 provided, however, that advance notice of such change has
17 appeared in the Pennsylvania Bulletin.
18 (a.1). Notice to public utilities.--
19 (1) The builder shall also provide a copy of the notice
20 of intent to begin construction required by subsection (a) to
21 all public utilities which may be requested to furnish
22 services to or for buildings classified as Use Group R-3
23 which are constructed after the effective date of this
24 subsection. No public utility shall furnish, render or supply
25 any service to or for any building classified as Use Group R-
26 3 unless it shall have first received a copy of the required
27 notice.
28 (2) All public utilities shall rely absolutely on the
29 copy of the required notice in furnishing, rendering or
30 supplying any service to or for a building classified as Use
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1 Group R-3, and no public utility which receives a copy of
2 such notice shall conduct any audit, inspection or
3 examination of the building for the purpose of determining
4 compliance with this act. The furnishing, rendering or
5 supplying of service by a public utility, in reliance upon
6 the copy of the required notice, to or for a building
7 classified as Use Group R-3 shall not constitute a
8 certification or determination by the utility that the
9 building has been constructed in compliance with this act.
10 (3) The copy of the notice of intent to begin
11 construction required by this subsection shall be submitted
12 to the appropriate public utilities not later than the date
13 on which any service to or for a building classified as Use
14 Group R-3 is to be provided by such utilities.
15 * * *
16 Section 4. Sections 313(b) and 504 of the act are amended to
17 read:
18 Section 313. Penalties.
19 * * *
20 (b) Violations of act.--Any person who shall willfully or
21 negligently violate any of the provisions of this act, or the
22 rules and regulations or the orders for the enforcement of the
23 said provisions or rules and regulations issued by duly
24 authorized officers of the department or who shall hinder, delay
25 or interfere with any officer charged with the enforcement of
26 this act in the performance of his duty, [shall, upon conviction
27 thereof, be punished by a fine of not more than $300 and costs]
28 commits a summary offense, and upon conviction thereof, shall be
29 sentenced to pay a fine of $300 plus costs, or undergo
30 imprisonment for 30 days, or both. In the event of violation of
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1 more than one provision of this act, the violation of each
2 provision shall be deemed a separate and distinct offense for
3 the purposes of this section.
4 * * *
5 Section 504. Variances.
6 Any municipality electing to administer the provisions of
7 this act under section 501 or 502 shall establish a Board on
8 Variances to make determinations on request for variance from
9 the energy conservation standards contained herein or as
10 promulgated by the department with the approval of the Building
11 Energy Conservation Committee, and is authorized exclusive
12 jurisdiction to grant such variances, section 307(a)
13 notwithstanding. A municipality, however, need not establish a
14 Board on Variances if it has established a zoning HEARING board <--
15 pursuant to the act of July 31, 1968 (P.L.805, No.247), known as
16 the "Pennsylvania Municipalities Planning Code." If the
17 municipality does not establish a Board on Variances, the powers
18 and duties established by this section shall be exercised by
19 such zoning HEARING board. A variance shall only be granted if <--
20 the criteria of section 307(b) have been satisfied.
21 Section 5. This act shall take effect in 60 days.
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