THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BUXTON, BENNINGHOFF, BOYD, CALTAGIRONE, CARROLL, CIVERA, DALLY, EVERETT, FAIRCHILD, FLECK, FRANKEL, GINGRICH, GODSHALL, GOODMAN, GRELL, HALUSKA, HARHAI, HELM, HORNAMAN, LONGIETTI, MARKOSEK, McILVAINE SMITH, MILLARD, MOUL, MUNDY, OBERLANDER, REED, REICHLEY, SAINATO, SAYLOR, SEIP, SIPTROTH, S. H. SMITH, STERN, STEVENSON, SWANGER, TRUE, VULAKOVICH, YOUNGBLOOD AND BEAR, JULY 1, 2009

REFERRED TO COMMITTEE ON LABOR RELATIONS, JULY 1, 2009  

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 revised

or successor codes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 304(a) of the act of November 10, 1999

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

Act, amended October 9, 2008 (P.L.1386, No.106), is amended to

read:

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.

(3)  Notwithstanding the provisions of paragraphs (1) and

(2), the department shall not promulgate regulations adopting

the 2009 ICC International Building Code or the 2009

International Residential Code, and the regulations adopting

the 2006 versions of those codes shall remain in effect until

December 31, 2012, and until such time as the department

shall adopt the 2012 triennial versions of those codes

pursuant to paragraphs (1) and (2).

Section 2.  This act shall take effect in 60 days.