PRIOR PRINTER'S NO. 933 PRINTER'S NO. 3454
No. 816 Session of 2007
INTRODUCED BY BOYD, SURRA, BIANCUCCI, CALTAGIRONE, CARROLL,
CAUSER, CREIGHTON, CUTLER, DALEY, DeLUCA, FABRIZIO, GEORGE,
GERGELY, GINGRICH, GOODMAN, GRELL, GRUCELA, HALUSKA, HERSHEY,
MARSHALL, MILLARD, MUNDY, MUSTIO, NAILOR, PALLONE, PETRARCA,
REICHLEY, SONNEY, STABACK, R. STEVENSON, WANSACZ AND
BENNINGHOFF, MARCH 19, 2007
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 18, 2008
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 board <--
6 of appeals. ADMINISTRATION AND ENFORCEMENT. <--
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 501(c)(2) of the act of November 10, 1999 <--
10 (P.L.491, No.45), known as the Pennsylvania Construction Code
11 Act, amended November 29, 2006 (P.L.1440, No.157), is amended to
12 read:
13 SECTION 1. THE DEFINITION OF "BOARD OF APPEALS" IN SECTION <--
14 103 OF THE ACT OF NOVEMBER 10, 1999 (P.L.491, NO.45), KNOWN AS
15 THE PENNSYLVANIA CONSTRUCTION CODE ACT, IS AMENDED TO READ:
16 SECTION 103. DEFINITIONS.
17 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
1 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
2 CONTEXT CLEARLY INDICATES OTHERWISE:
3 * * *
4 "BOARD OF APPEALS." THE BODY CREATED BY A MUNICIPALITY OR
5 MORE THAN ONE MUNICIPALITY TO CONSIDER VARIANCE REQUESTS, TO
6 CONSIDER EXTENSIONS OF TIME AND TO HEAR APPEALS FROM DECISIONS
7 OF THE CODE ADMINISTRATOR AS PROVIDED FOR BY CHAPTER 1 OF THE
8 1999 BUILDING OFFICIALS AND CODE ADMINISTRATORS INTERNATIONAL,
9 INC., NATIONAL BUILDING CODE, FOURTEENTH EDITION.
10 * * *
11 SECTION 2. SECTION 501(C)(1) AND (2) OF THE ACT, AMENDED
12 NOVEMBER 29, 2006 (P.L.1440, NO.157), ARE AMENDED TO READ:
13 Section 501. Administration and enforcement.
14 * * *
15 (c) Board of appeals.--
16 * * * <--
17 (1) A MUNICIPALITY WHICH HAS ADOPTED AN ORDINANCE FOR <--
18 THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT OR
19 MUNICIPALITIES WHICH ARE PARTIES TO AN AGREEMENT FOR THE
20 JOINT ADMINISTRATION AND ENFORCEMENT OF THIS ACT SHALL
21 ESTABLISH A BOARD OF APPEALS [AS PROVIDED BY CHAPTER 1 OF THE
22 1999 BOCA NATIONAL BUILDING CODE, FOURTEENTH EDITION, TO HEAR
23 APPEALS FROM DECISIONS OF THE CODE ADMINISTRATOR]. MEMBERS OF
24 THE MUNICIPALITY'S GOVERNING BODY MAY NOT SERVE AS MEMBERS OF
25 THE BOARD OF APPEALS.
26 (2) [An application for appeal shall be based on a claim
27 that the true intent of this act or regulations legally
28 adopted under this act have been incorrectly interpreted, the
29 provisions of this act do not fully apply or an equivalent
30 form of construction is to be used.] A board of appeals shall
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1 consider appeals to decisions of code administrators and may <--
2 grant such appeals if it determines that:
3 (i) the Uniform Construction Code was incorrectly
4 interpreted by the code administrator;
5 (ii) the Uniform Construction Code does not apply;
6 (iii) the requirements of the Uniform Construction
7 Code impose an unreasonable burden on the appellant for
8 which the board believes a variance will pose no public
9 safety hazard;
10 (iv) an equivalent form of construction can be used;
11 or
12 (v) the Uniform Construction Code imposes a
13 requirement that violates the basic tenets of a
14 recognized religious sect. CONSIDER VARIANCE REQUESTS, <--
15 REQUESTS FOR EXTENSIONS OF TIME AND APPEALS OF DECISIONS
16 OF CODE ADMINISTRATORS. APPEALS OF CODE ADMINISTRATOR
17 DECISIONS MUST BE BASED ON A CLAIM THAT THE DECISION
18 MEETS ANY OF THE FOLLOWING CRITERIA:
19 (I) THE DECISION CONTRAVENES THE TRUE INTENT OF THE
20 ACT.
21 (II) THE UNIFORM CONSTRUCTION CODE WAS INCORRECTLY
22 INTERPRETED BY THE CODE ADMINISTRATOR.
23 (III) THE UNIFORM CONSTRUCTION CODE DOES NOT APPLY
24 TO THE SUBJECT OF THE DECISION.
25 (IV) THE REQUIREMENTS OF THE UNIFORM CONSTRUCTION
26 CODE IMPOSE AN IMPRACTICABLE OR UNREASONABLE BURDEN FOR
27 WHICH AN EXEMPTION THAT POSES NO PUBLIC SAFETY HAZARD
28 SHOULD BE GRANTED FROM THE UNIFORM CONSTRUCTION CODE.
29 (V) AN EQUIVALENT FORM OF CONSTRUCTION CAN BE USED
30 FOR THE SUBJECT OF THE DECISION.
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1 (VI) THE UNIFORM CONSTRUCTION CODE IMPOSES A
2 REQUIREMENT WHICH VIOLATES THE BASIC TENETS OF A
3 RECOGNIZED RELIGIOUS SECT FOR WHICH AN EXEMPTION THAT
4 POSES NO PUBLIC SAFETY HAZARD SHOULD BE GRANTED FROM THE
5 UNIFORM CONSTRUCTION CODE.
6 * * *
7 SECTION 3. THE AMENDMENT OF SECTION 501(C)(1) AND (2) OF THE <--
8 ACT SHALL APPLY TO APPEALS FILED ON OR AFTER THE EFFECTIVE DATE
9 OF THIS SECTION.
10 Section 2 4. This act shall take effect in 60 days. <--
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