PRIOR PRINTER'S NO. 163 PRINTER'S NO. 425
No. 437 Session of 2007
INTRODUCED BY REGOLA, WAUGH, LOGAN, ROBBINS, WONDERLING, BOSCOLA, RAFFERTY, McILHINNEY, O'PAKE, BAKER, BROWNE, FONTANA, TOMLINSON, D. WHITE, EARLL AND VANCE, MARCH 5, 2007
SENATOR GORDNER, LABOR AND INDUSTRY, AS AMENDED, MARCH 13, 2007
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 the 6 adoption of regulations. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Section 301(a) of the act of November 10, 1999 10 (P.L.491, No.45), known as the Pennsylvania Construction Code 11 Act, amended February 19, 2004 (P.L.141, No.13), July 15, 2004 12 (P.L.748, No.92) and December 22, 2005 (P.L.478, No.95), is 13 amended to read: 14 Section 301. Adoption by regulations. 15 (a) Regulations.-- 16 (1) The department shall, within 180 days of the 17 effective date of this section, promulgate regulations 18 adopting the 1999 BOCA National Building Code, Fourteenth 19 Edition, as a Uniform Construction Code, except as provided
1 in section 105(c)(2) and this section. The department shall 2 promulgate separate regulations which may make changes to 3 Chapter 1 of the 1999 BOCA National Building Code, Fourteenth 4 Edition, relating to administration that are necessary for 5 the department's implementation of this act. 6 (2) The regulations shall include a provision that all 7 detached one-family and two-family dwellings and one-family 8 townhouses that are not more than three stories in height and 9 their accessory structures shall be designed and constructed 10 either in accordance with the ICC International One and Two 11 Family Dwelling Code, 1998 Edition, or in accordance with the 12 requirements of the Uniform Construction Code at the option 13 of the building permit applicant. The provision shall require 14 that an irrevocable election be made at the time plans are 15 submitted for review and approval. If the building permit 16 applicant does not indicate a code, the design and 17 construction shall be in accordance with the Uniform 18 Construction Code. 19 (3) The regulations shall include a provision that the 20 secretary shall have the exclusive power to grant 21 modifications and decide issues of technical infeasibility 22 under Chapter 11 (Accessibility) of the Uniform Construction 23 Code and any other accessibility requirements contained in or 24 referenced by the Uniform Construction Code for individual 25 projects. 26 (4) The secretary shall consider the recommendations of 27 the advisory board as provided in section 106(c). The 28 department shall consider the comments of the advisory board 29 with respect to accessibility issues in any proposed 30 regulations. 20070S0437B0425 - 2 -
1 (5) The regulations shall provide for a system of 2 periodic compliance reviews conducted by the department and 3 for enforcement procedures conducted by the department to 4 ensure that code administrators are adequately administering 5 and enforcing Chapter 11 (Accessibility) of the Uniform 6 Construction Code and any other accessibility requirements 7 contained in or referenced by the Uniform Construction Code. 8 (6) The regulations shall include the provisions of 9 exception 8 to section 1014.6 (relative to stairway treads 10 and risers) of the 1993 BOCA National Building Code, Twelfth 11 Edition, and the provisions of section R-213.1 (relative to 12 stairways) of the CABO One and Two Family Dwelling Code, 1992 13 Edition, and such provisions shall be applicable 14 notwithstanding section 303(b), which shall not apply to the 15 provisions of any municipal building code ordinance which 16 equals or exceeds these provisions. 17 (7) The department shall consult with the Department of 18 Health in the development of regulations relating to health 19 care facilities, intermediate care facilities for the 20 mentally retarded or for persons with related conditions and 21 State institutions. 22 (8) The regulations shall exclude section R313.1.1 of 23 the 2003 International Residential Code for One- and Two- 24 Family Dwellings or its successor code from applying to 25 existing one-family and two-family unit dwellings undergoing 26 alterations, repairs or additions but shall include 27 provisions requiring non-interconnected battery-operated 28 smoke alarms in one-family and two-family dwellings in 29 accordance with section R313.1.1 of the 2003 International 30 Residential Code for One- and Two-Family Dwellings. 20070S0437B0425 - 3 -
1 (9) Regulations under this subsection shall include the 2 adoption of section 110.3 (temporary occupancy) of the 3 International Building Code. 4 (10) Section R404.1 and Tables R404.1(1), R404.1(2) and <-- 5 R404.1(3) of the 2006 International Residential Code and its 6 successor codes are not a part of the Uniform Construction 7 Code. The following provisions shall apply and are part of 8 the Uniform Construction Code. Concrete and masonry 9 foundation walls shall be selected and constructed in 10 accordance with the provisions of Section 404 of the 2006 11 International Residential Code or in accordance with ACI 318, 12 ACI 332, NCMA TR68-A or ACI 530/ASCE 5/TMS 402 or other 13 approved structural standards. When ACI 318, ACI 332 or ACI 14 530/ASCE 5/TMS 402 or provisions of this section are used to 15 design concrete or masonry foundation walls, project 16 drawings, typical details and specifications are not required 17 to bear the seal of the architect or engineer responsible for 18 design. 19 (10) (I) SECTION R404.1 AND TABLES R404.1(1), R404.1(2) <-- 20 AND R404.1(3) OF THE 2006 INTERNATIONAL RESIDENTIAL CODE AND 21 ITS SUCCESSOR CODES ARE NOT PART OF THE UNIFORM CONSTRUCTION 22 CODE. IN LIEU OF R404.1 OF THE INTERNATIONAL RESIDENTIAL 23 CODE, THE PROVISIONS OF SUBPARAGRAPHS (II) AND (III) SHALL 24 APPLY AND ARE PART OF THE UNIFORM CONSTRUCTION CODE. 25 (II) CONCRETE AND MASONRY FOUNDATION WALLS SHALL BE 26 SELECTED AND CONSTRUCTED IN ACCORDANCE WITH: 27 (A) ALL PROVISIONS OF SECTION R404 OF THE 2006 28 INTERNATIONAL RESIDENTIAL CODE AND ITS SUCCESSOR 29 CODES EXCEPT THOSE EXCLUDED BY SUBSECTION (I); 30 (B) ACI 318, ACI 332, NCMA TR68-A OR ACI 20070S0437B0425 - 4 -
1 530/ASCE 5/TMS 402; OR 2 (C) OTHER APPROVED STRUCTURAL STANDARDS. 3 (III) WHEN ACI 318, ACI 332, ACI 530/ASCE 5/TMS 402 4 OR PROVISIONS OF SECTION R404 ARE USED TO DESIGN CONCRETE 5 OR MASONRY FOUNDATION WALLS, PROJECT DRAWINGS, TYPICAL 6 DETAILS AND SPECIFICATIONS ARE NOT REQUIRED TO BEAR THE 7 SEAL OF AN ARCHITECT OR ENGINEER RESPONSIBLE FOR DESIGN. 8 * * * 9 Section 2. This act shall take effect in 60 days <-- 10 IMMEDIATELY. <-- B2L35JLW/20070S0437B0425 - 5 -