THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY TARTAGLIONE, CORMAN, STOUT, STACK, FONTANA, COSTA, LOGAN, FARNESE AND WOZNIAK, FEBRUARY 26, 2010

REFERRED TO LABOR AND INDUSTRY, FEBRUARY 26, 2010  

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

definitions and for applicability to certain buildings.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 103 of the act of November 10, 1999

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

Act, is amended by adding definitions to read:

Section 103.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"State-affiliated entity."  A Commonwealth authority or a

Commonwealth entity. The term includes the Pennsylvania Turnpike

Commission, the Pennsylvania Housing Finance Agency, the

Pennsylvania Municipal Retirement System, the Pennsylvania

Infrastructure Investment Authority, the State Public School

Building Authority, the Pennsylvania Higher Educational

Facilities Authority and the Pennsylvania State System of Higher

Education.

"State-owned building."  A building owned by or to be

constructed for Commonwealth entities consisting of the General

Assembly, the Unified Judicial System, the Pennsylvania Higher

Education Assistance Agency, an executive agency, an independent

agency, a State-affiliated entity or a State-related

institution.

"State-related institution."  The Pennsylvania State

University, the University of Pittsburgh, Lincoln University or

Temple University.

* * *

Section 2.  Section 902(b)(4) of the act, amended December

22, 2005 {P.L.478, No.95), is amended to read:

Section 902.  Applicability to certain buildings.

* * *

(b)  Uncertified buildings under department's jurisdiction.--

Subject to subsection (d), all of the following apply to a

building subject to the jurisdiction of the department:

* * *

(4)  A building owner may file an application for a

variance from this subsection concerning accessibility with

the advisory board under section 106. A building owner may

file an application for a variance from this subsection

concerning other standards. The application must be filed

with the Industrial Board if any of the following apply:

(i)  The building is located in a municipality where

the department has jurisdiction.

(ii)  The building is a State-owned building. [As

used in this subparagraph, the term "State-owned

building" means a building owned or constructed for

Commonwealth entities consisting of the General Assembly,

the Unified Judicial System, the Pennsylvania Higher

Education Assistance Agency, an executive agency, an

independent agency and a State-affiliated entity or

State-related institution, as defined in 62 Pa.C.S. § 103 

(relating to definitions).]

* * *

Section 3.  This act shall take effect immediately.