SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY EVERETT, BAKER, BENNINGHOFF, BARRAR, BEAR, BOYD, R. BROWN, BUXTON, CARROLL, CAUSER, CHRISTIANA, CLYMER, COX, CREIGHTON, CUTLER, DAY, DENLINGER, DUNBAR, FLECK, FRANKEL, GABLER, GEIST, GILLEN, GODSHALL, GROVE, HAHN, HALUSKA, HARKINS, HARRIS, HELM, HESS, HORNAMAN, M.K. KELLER, KIRKLAND, KNOWLES, KRIEGER, LAWRENCE, LONGIETTI, MAHONEY, MAJOR, MALONEY, MASSER, METCALFE, METZGAR, MILLARD, MUSTIO, OBERLANDER, PEIFER, PETRARCA, PICKETT, PYLE, RAPP, REED, REICHLEY, ROAE, ROCK, SACCONE, SAYLOR, SCAVELLO, CULVER, S. H. SMITH, SONNEY, STERN, STEVENSON, TALLMAN, TURZAI, VULAKOVICH, BLOOM, BROOKS, TOEPEL, MOUL, F. KELLER, SAINATO, HICKERNELL, SWANGER, AUMENT, EVANKOVICH, TOBASH, MILLER AND KORTZ, JANUARY 31, 2011

SENATOR GORDNER, LABOR AND INDUSTRY, IN SENATE, AS AMENDED, APRIL 6, 2011   

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 Uniform

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Construction Code Review and Advisory Council, for revised or

successor codes and for exemptions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 901(a) of the act of November 10, 1999

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

Act, amended July 7, 2006 (P.L.1052, No.108), is amended and the

section is amended by adding subsections to read:

Section 1.  Section 107(b)(3), (c)(2), (h) and (j) of the act

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of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania

Construction Code Act, added October 9, 2008 (P.L.1386, No.106),

are amended and the section is amended by adding a subsection to

read:

Section 107.  Uniform Construction Code Review and Advisory

Council.

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(b)  Duties.--The council shall do the following:

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(3)  With the exception of the provisions of Chapter 11

and Appendix E of the International Building Code of [2006]

2009, or its successor codes, or any other accessibility

requirements contained in or referenced by the Uniform

Construction Code relating to persons with physical

disabilities, review [new and amended provisions contained in

triennial revisions of the codes issued by the International

Code Council to any of its codes. The council shall inform

the department of any code provisions that should be excluded

from the Uniform Construction Code by May 1 of the year of

issuance of the latest triennial code issued by the

International Code Council.] the latest triennial code

revisions issued by the International Code Council, beginning

with the 2012 codes, as provided under subsection (b.1).

(b.1)  Code review process.--

(1)  Beginning with the 2012 ICC codes, the council shall

review the latest triennial code revisions upon official

publication of the codes.

(2)  During the review process, the council shall hold at

least three public hearings. One of the public hearings shall

be held in Harrisburg, one shall be held in the eastern

region of this Commonwealth and one shall be held in the

western region of this Commonwealth.

(3)  The council shall submit a report to the secretary

within the twelve-month period following official publication

of the latest triennial code revisions under paragraph (1)

with provisions of the codes that are specified for adoption.

The provisions of the codes that are specified for adoption

shall be separately designated in the report.

(4)  The council shall examine triennial code revisions

applying all of the following criteria:

(i)  The impact that the provision may have upon the

health, safety and welfare of the public.

(ii)  The economic and financial impact of the

provision.

(iii)  The technical feasibility of the provision.

(5)  Only triennial code revisions that are adopted by a

two-thirds vote of council membership shall be included in

the report required under paragraph (3).

(c)  Composition.--The council shall consist of the following

members appointed by the Governor:

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(2)  A general contractor from an association

representing the nonresidential construction industry who has

recognized ability and experience in the construction of

nonresidential buildings.

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(h)  Quorum [and consensus].--Ten members shall constitute a

quorum[, and a consensus among at least ten members must be

reached before any determination can be made by the council].

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(j)  Administrative support.--The [secretary] department 

shall provide a facility for council meetings under this act,

stenographic services and required notice of the council's

meetings. The department may provide staff support in drafting

any reports required under this act.

* * *

Section 2.  Section 304 of the 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.]

(a)  Duties of department.--

(1)  Subject to sections 105(c) and (d), 301(a)(3), (4),

(5), (6) and (7), (c) and (d) and 302, within three months of

the receipt of the report under section 107(b.1), the

department shall promulgate final-omitted regulations under

the act of June 25, 1982 (P.L.633, No.181), known as the

Regulatory Review Act, to adopt the triennial code revisions

made in the report without change.

(2)  Regulations promulgated under this subsection are

exempt from:

(i)  section 205 of the act of July 31, 1968

(P.L.769, No.240), referred to as the Commonwealth

Documents Law; and

(ii)  sections 204(b) and 301(10) of the act of

October 15, 1980 (P.L.950, No.164), known as the

Commonwealth Attorneys Act.

(3)  Notwithstanding paragraphs (1) and (2), the

department shall promulgate regulations updating

accessibility standards under Chapter 3 by adopting Chapter

11 and Appendix E of the International Building Code of 2012,

or its successor, by December 31 of the year of issuance of

the new code.

(a.1)  Continuity.--If a triennial revision is not adopted

under section 107(b.1)(5), the relevant provisions of the prior

version of the codes shall remain in effect.

[(b)  International Fuel Gas Code.--By December 31 of the

year of the issuance of a new International Fuel Gas Code, or

its successor code, the department shall promulgate regulations

adopting the new code.]

(c)  Prior permits and construction.--

(1)  A construction permit issued under valid

construction regulations prior to the effective date of

regulations for a subsequent Uniform Construction Code or

International Fuel Gas Code issued under this act shall

remain valid, and the construction of any building or

structure may be completed pursuant to and in accordance with

the permit.

(2)  If the permit has not been actively prosecuted

within two years of the effective date of the regulation or

the period specified by a municipal ordinance, whichever is

less, the former permitholder shall be required to acquire a

new permit.

(3)  Where construction of a building or structure

commenced before the effective date of the regulations for a

subsequent Uniform Construction Code or International Fuel

Gas Code issued under this act and a permit was not required

at that time, construction may be completed without a permit.

[(d)  Code revisions.--

(1)  The council may determine that any new or amended

provision contained in a triennial revision by the ICC to any

of the codes which have been adopted by regulation of the

department as part of the Uniform Construction Code is not,

in the opinion of the council, consistent with the intent and

purpose of this act or is otherwise inappropriate for

inclusion in the Uniform Construction Code. In making a

determination on the new or amended triennial revisions, the

council may consider the provisions of section 102, as well

as other relevant factors, including, but not limited to:

(i)  The impact that the provisions may have upon the

health, safety and welfare of the public.

(ii)  The economic reasonableness and financial

impact of the provisions.

(iii)  The technical feasibility of the provisions.

(2)  When adopting the latest triennial versions of the

ICC codes, the department shall exclude a specific new or

amended code provision rejected by the council under

paragraph (1) and shall provide that the relevant provisions

of the prior versions of the code shall remain in effect.]

Section 3.  Section 901(a) of the act, amended July 7, 2006

(P.L.1052, No.108), is amended and the section is amended by

adding subsections to read:

Section 901.  Exemptions.

(a)  Manufactured housing.--This act shall not apply to

manufactured housing which bears a label, as required by and

referred to in the act of November 17, 1982 (P.L.676, No.192),

known as the Manufactured Housing Construction and Safety

Standards Authorization Act, which certifies that it conforms to

Federal construction and safety standards adopted under the

Housing and Community Development Act of 1974 (Public Law

93-383, 88 Stat. 633), nor shall it apply to industrialized

housing, as defined in the act of May 11, 1972 (P.L.286, No.70),

known as the Industrialized Housing Act, with the exception that

any model code enacted pursuant to the Industrialized Housing

Act shall not include code provisions specifically omitted from

adoption pursuant to this act.

* * *

(f)  Log walls.--Log walls with a minimum average wall

thickness of five inches or greater which comply with the

International Code Council Standard on the Design and

Construction of Log Structures, ICC 400-2007, or other successor

standard which the department may specify by regulation, shall

be permitted in residential buildings if:

(1)  the area weighted average U-factor for fenestration

products in the log walls is a maximum of 0.31; and

(2)  (i)  the building heating equipment meets or exceeds

the following Department of Energy ratings:

(A)  Gas furnace - 90 annual fuel utilization

efficiency (AFUE).

(B)  Oil furnace - 85 annual fuel utilization

efficiency (AFUE).

(C)  Boilers - 85 annual fuel utilization

efficiency (AFUE).

(D)  Air source heat pumps - 8.2 heating seasonal

performance factor (HSPF) split systems.

(E)  For water-to-air geothermal heat pumps:

(I)  Closed loop water-to-air, an energy

efficiency rating of 14.1 and coefficient of

performance of 3.3.

(II)  Open loop water-to-air, an energy

efficiency rating of 16.2 and coefficient of

performance of 3.6.

(F)  For water-to-water geothermal heat pumps:

(I)  Closed loop water-to-water, an energy

efficiency rating of 15.1 and coefficient of

performance of 3.0.

(II)  Open loop water-to-water, an energy

efficiency rating of 19.1 and coefficient of

performance of 3.4.

(G)  For direct geothermal exchange, an energy

efficiency rating of 15.0 and coefficient of

performance of 3.5;

or

(ii)  the building heating equipment is qualified

under the Energy Star program jointly operated by the

Department of Energy and the Environmental Protection

Agency as provided for in 10 CFR Pt. 430 (relating to

energy conservation program for consumer products); and

(iii)  all energy efficiency requirements of this act

applicable to components other than log walls are met.

An applicant for a building permit that was submitted prior to

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the effective date of this subsection may opt to utilize the

standards of this subsection.

(g)  Automatic fire sprinkler systems in one-family and two-

family dwellings.--

(1)  Section R313.2 (relating to automatic fire sprinkler

systems in one- and two-family dwellings) of the

International Residential Code (2009 edition), and any

successor triennial revisions, is excluded from this act and

shall not be part of Chapter 3.

(2)  A builder of a one-family or two-family dwelling

subject to the International Residential Code shall, at or

before the time of entering into the purchase contract, do

all of the following:

(i)  Offer to a buyer the option to install or equip,

at the buyer's expense, an automatic fire sprinkler

system in the building or dwelling unit designed and

installed in accordance with the provisions of section

R313.2.1 (relating to design and installation of

automatic fire sprinkler systems) of the International

Residential Code (2009 edition).

(ii)  Provide the buyer with information which

explains the initial and ongoing cost of installing and

equipping an automatic fire sprinkler system in the

building or dwelling unit.

(iii)  Provide the buyer with information, as made

available by the State Fire Commissioner on the agency's

Internet website, on the possible benefits of installing

an automatic sprinkler system.

(3)  If an application is submitted for a building permit

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for a one-family or two-family dwelling on or after January

1, 2011, and prior to the effective date of this subsection,

the applicant may opt to not install an automatic fire

sprinkler system in the dwelling.

(h)  Fire protection of floors.--Section R501.3 of the 2012

International Residential Code shall be part of the Uniform

Construction Code. This subsection shall apply to construction

under which the permit applicant opts to not apply the automatic

sprinkler requirement under subsection (g)(3).

(h)  Fire protection of floors.--

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(1)  Except as set forth in paragraph (2), a floor

assembly not required in the International Residential Code,

or its successor building code, to be fire-resistance rated

shall be provided with a 1/2-inch gypsum wallboard membrane,

5/8-inch wood structural panel membrane, or equivalent, on

the underside of the floor framing member.

(2)  Paragraph (1) shall not apply to any of the

following:

(i)  A floor assembly located directly over a space

protected by an automatic sprinkler system in accordance

with section P2904, NFPA13D or other equivalent sprinkler

system approved by a municipal code official.

(ii)  A floor assembly located directly over a crawl

space not intended for storage or fuel-fired appliances.

(iii)  A portion of a floor assembly which complies

with all of the following:

(A)  The aggregate area of the unprotected

portions shall not exceed 80 square feet per story.

(B)  Fire blocking in accordance with section

R302.11.1 shall be installed along the perimeter of

the unprotected portion to separate the unprotected

portion from the remainder of the floor assembly.

(iv)  A wood floor assembly using dimension lumber or

structural composite lumber equal to or greater than two-

inch by ten-inch nominal dimension or a floor assembly

approved by a municipal code official demonstrating

equivalent fire performance.

(i)  Wall bracing requirements.--Section R602.10 through

section R602.12.1.6 of the 2009 International Residential Code,

or its successor provisions, are excluded from the Uniform

Construction Code. The wall bracing requirements of sections

R602.10 through R602.11.3 of the 2006 International Residential

Code shall be part of the Uniform Construction Code.

Section 4.  Retroactivity is as follows:

(1)  The addition of section 901(f) of the act shall

apply retroactively to January 1, 2010.

(2)  The addition of section 901(g) of the act shall

apply retroactively to January 1, 2011.

Section 2 5.  This act shall take effect immediately.

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