PRINTER'S NO.  738

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

725

Session of

2011

  

  

INTRODUCED BY OBERLANDER, MILLER, EVERETT, BOYD, AUMENT, BAKER, BARRAR, BEAR, BENNINGHOFF, BLOOM, BROOKS, R. BROWN, CARROLL, CAUSER, CHRISTIANA, CLYMER, COX, CREIGHTON, CUTLER, DENLINGER, DUNBAR, ELLIS, EVANKOVICH, FLECK, GABLER, GEIST, GEORGE, GIBBONS, GILLEN, GODSHALL, GROVE, HAHN, HALUSKA, HARHAI, HARHART, HARRIS, HEFFLEY, HELM, HESS, HICKERNELL, HORNAMAN, HUTCHINSON, M.K. KELLER, KILLION, KNOWLES, KORTZ, KRIEGER, LONGIETTI, MAJOR, MALONEY, MASSER, METCALFE, METZGAR, MILLARD, MOUL, MUSTIO, PEIFER, PETRARCA, PICKETT, PYLE, RAPP, REED, REESE, REICHLEY, ROAE, ROSS, SACCONE, SAYLOR, SCAVELLO, CULVER, S. H. SMITH, SONNEY, STERN, STEVENSON, SWANGER, TALLMAN, TOEPEL, TURZAI AND VULAKOVICH, FEBRUARY 16, 2011

  

  

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 16, 2011  

  

  

  

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 Uniform

6

Construction Code Review and Advisory Council, for revised or

7

successor codes and for exemptions.

8

The General Assembly of the Commonwealth of Pennsylvania

9

hereby enacts as follows:

10

Section 1.  Sections 107 and 304 of the act of November 10,

11

1999 (P.L.491, No.45), known as the Pennsylvania Construction

12

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

13

are amended to read:

14

Section 107.  Uniform Construction Code Review and Advisory

15

Council.

 


1

(a)  Establishment.--The Uniform Construction Code Review and

2

Advisory Council is hereby established.

3

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

4

(1)  Gather information from municipal officers, building

5

code officials, construction code officials, licensed design

6

professionals, builders and property owners concerning issues

7

with the Uniform Construction Code raised by council members

8

or changes proposed by members of the General Assembly.

9

(2)  Evaluate the information compiled under paragraph

10

(1) and make recommendations to the following:

11

(i)  The Governor.

12

(ii)  The Secretary of Labor and Industry.

13

(iii)  The members of any legislative committee

14

considering amendments to this act.

15

(iv)  The President pro tempore of the Senate.

16

(v)  The Speaker of the House of Representatives.

17

(vi)  The Code Development Councils of the

18

International Code Council.

19

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

20

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

21

2009, or its successor codes, or any other accessibility

22

requirements contained in or referenced by the Uniform

23

Construction Code relating to persons with physical

24

disabilities, review new and amended provisions contained in

25

triennial revisions of the codes issued by the International

26

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

27

the department of any code provisions that should be excluded

28

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

29

issuance of the latest triennial code issued by the

30

International Code Council.]:

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1

(i)  Review the new and amended provisions contained

2

in the latest triennial revisions of the ICC codes, with

3

the review commencing within 90 days of official

4

publication date of the codes. The review process shall

5

be no longer than 15 months from the official publication

6

date of the latest triennial revision, and the council

7

shall begin the review process with the 2012 ICC codes;

8

provided, that the review process for the 2012 codes

9

shall be no longer than 15 months from the effective date

10

of this subsection, or the official publication date of

11

the 2012 ICC codes, whichever is later.

12

(ii)  Conduct the review process by holding at least

13

six public hearings with one being held in Harrisburg,

14

one in a county of the first class, one in a county of

15

the second class, one in a county of the third class, one

16

in a county of the fifth class and one in a county of the

17

seventh class.

18

(iii)  Submit a report to the secretary within the

19

15-month period required under subparagraph (i) with

20

recommendations for adoption or modification of the new

21

or amended provisions of the codes. The new or amended

22

provisions of the codes that are specified for adoption

23

or modification shall be separately designated in the

24

report, provided that modifications shall not exceed the

25

minimum requirements in the new or amended codes.

26

(iv)  Only adopt recommendations in the report

27

required under subparagraph (iii) that are approved by a

28

two-thirds vote of council membership.

29

(v)  Ensure that the report explains the reasons for

30

each recommendation by applying the following criteria:

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1

(A)  the impact that the provision may have upon

2

the health, safety and welfare of the public;

3

(B)  the economic reasonableness and financial

4

impact of the provision;

5

(C)  the technical feasibility of the provision;

6

and

7

(D)  the financial impact that the provision may

8

have on the public's ability to purchase affordable

9

housing.

10

(4)  If no report is submitted by the council within the

11

15-month period specified in paragraph (3), no new code shall

12

be adopted.

13

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

14

members appointed by the Governor:

15

(1)  A general contractor from an association

16

representing the residential construction industry who has

17

recognized ability and experience in the construction of new

18

residential buildings.

19

(2)  A general contractor from an association

20

representing the nonresidential construction industry who has

21

recognized ability and experience in the construction of

22

nonresidential buildings.

23

(3)  A Uniform Construction Code-certified residential

24

building inspector who possesses all five residential

25

certifications from an association representing building code

26

officials who has experience administering and enforcing

27

residential codes.

28

(4)  A Uniform Construction Code-certified building

29

inspector who possesses all nonresidential inspection

30

certifications, but need not possess a fire inspector

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1

certification, or a certified plans examiner who also holds

2

an accessibility certification from an association

3

representing building code officials who has experience

4

administering and enforcing nonresidential codes.

5

(5)  A Uniform Construction Code-certified fire inspector

6

from an association representing building code officials.

7

(6)  A Uniform Construction Code-certified building code

8

official from an association representing building code

9

officials with building code official certification.

10

(7)  A residential contractor from an association

11

representing contractors engaged in remodeling residential

12

buildings who has recognized ability and experience in

13

remodeling residential and nonresidential buildings.

14

(8)  A licensed architect from an association

15

representing architects who has recognized ability and

16

experience in the design and construction of nonresidential

17

buildings.

18

(9)  A licensed architect from an association

19

representing architects who has recognized ability and

20

experience in the design and construction of residential

21

buildings.

22

(10)  A licensed structural engineer from an association

23

representing professional engineers who has recognized

24

ability and experience in the design and construction of

25

buildings.

26

(11)  A licensed mechanical engineer specializing in HVAC

27

systems from an association representing professional

28

engineers who has recognized ability and experience in the

29

design and construction of buildings.

30

(12)  A licensed mechanical engineer specializing in

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1

plumbing and fire protection from an association representing

2

professional engineers who has recognized ability and

3

experience in the design and construction of buildings.

4

(13)  A licensed electrical engineer from an association

5

representing professional engineers who has recognized

6

ability and experience in the design and construction of

7

buildings.

8

(14)  An elected official of a township of the second

9

class who has recognized ability and experience in

10

construction of buildings.

11

(15)  An elected borough official who has recognized

12

ability and experience in construction of buildings.

13

(16)  An elected official of a third class city who has

14

recognized ability and experience in the construction of

15

buildings.

16

(17)  An individual from an association representing

17

manufactured housing who shall be knowledgeable, licensed or

18

certified to sell and install manufactured housing.

19

(18)  An official of a city of the first class who has

20

recognized ability and experience in the administration and

21

enforcement of this act.

22

(19)  An individual from an association representing only

23

modular housing manufacturers who is knowledgeable, licensed

24

or certified under the act of May 11, 1972 (P.L.286, No.70),

25

known as the Industrialized Housing Act, to manufacture and

26

sell modular homes in Pennsylvania.

27

(20)  An individual from an association representing low-

28

income housing who has recognized ability and experience in

29

construction of buildings.

30

(21)  An individual from an association representing

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1

realtors who has recognized ability and experience in

2

construction of buildings.

3

(22)  An individual from an association representing

4

commercial building owners who has recognized ability and

5

experience in construction of buildings.

6

(23)  An individual from an association representing

7

residential building owners who has recognized ability and

8

experience in construction of buildings.

9

At least one of the inspectors appointed to the council shall be

10

a municipal employee, and at least one inspector shall be a

11

third-party private sector inspector.

12

(d)  Vacancies.--Vacancies on the council shall be filled in

13

the same manner in which they were originally designated within

14

30 business days of the vacancy. If the Governor fails to act

15

within 30 business days, the council chairperson shall appoint

16

an individual to fill the vacancy.

17

(e)  Removal.--A member may be removed for just cause by the

18

Governor.

19

(f)  Terms.--A member of the council shall serve terms of two

20

years and until his successor is appointed beginning July 1,

21

2008, except the initial term of members appointed under

22

subsection (c)(1), (3), (4), (5), (8), (11), (13) and (14) shall

23

be for three years and until their successor is appointed,

24

provided further that the initial term of members appointed

25

under subsection (c)(20), (21), (22) and (23) shall end June 30,

26

2013.

27

(g)  Chairperson and vice chairperson.--The members shall

28

elect, by a majority vote, a chairperson and vice chairperson of

29

the council.

30

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

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1

constitute a quorum, and a consensus among at least [ten] twelve 

2

members must be reached before any determination can be made by

3

the council.

4

(i)  Meetings.--Meetings shall be conducted as required under

5

65 Pa.C.S. Ch. 7 (relating to open meetings) as follows:

6

(1)  The council shall meet at least once every six

7

months. Meeting dates shall be set by majority vote of the

8

council members or by the call of the chair along with at

9

least seven business days' notice to all members.

10

(2)  All meetings of the council shall be publicly

11

advertised and shall be open to the public. Members of the

12

general public shall be given reasonable opportunity to

13

address the council.

14

(3)  The council shall publish a schedule of its meetings

15

in the Pennsylvania Bulletin and in at least one newspaper of

16

general circulation. The notice shall be published at least

17

five business days in advance of each meeting. The notice

18

shall specify the date, time and place of the meeting and

19

shall state that the meetings of the council are open to the

20

general public.

21

(j)  Administrative support.--The secretary shall provide a

22

facility for council meetings under this act, stenographic

23

services, necessary staff support and required notice of the

24

council's meetings.

25

(k)  Technical support.--The council may solicit and retain,

26

without compensation, individuals who are qualified by training

27

or experience to provide expert input to the council and, at the

28

discretion of the council, such individuals may be reimbursed

29

for reasonable travel expenses at a rate established by the

30

secretary.

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1

(l)  Compensation and expenses.--Members of the council shall

2

not receive a salary [or per diem allowance for their service.]

3

but shall be reimbursed for travel, lodging and meals as

4

established by the secretary.

5

(m)  Fee and establishment of Uniform Construction Code

6

Review and Advisory Council Support Account.--

7

(1)  Municipalities administering and enforcing this act

8

under section 501(a) and third-party agencies providing

9

services under section 501(e) shall assess a fee of $2 on

10

each construction or building permit issued under the

11

authority of this act. The fee shall be in addition to any

12

other fee imposed for the permit.

13

(2)  Support account.--There is established within the

14

State Treasury a restricted account which shall be known as

15

the Uniform Construction Code Review and Advisory Council

16

Support Account.

17

(3)  Deposit.--Moneys collected as authorized under

18

paragraph (1) shall be transmitted quarterly to the State

19

Treasury and shall be deposited in the account established in

20

paragraph (2).

21

(4)  Utilization.--Moneys deposited in the account

22

established under paragraph (2) shall be utilized by the

23

secretary for the purposes delineated in subsections (j), (k)

24

and (l).

25

Section 304.  Revised or successor codes.

26

[(a)  Building code.--

27

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

28

(5), (6) and (7), (c) and (d) and 302, by December 31 of the

29

year of the issuance of a new triennial ICC International

30

Building Code, or its successor building code, the department

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1

shall promulgate regulations adopting the new code as the

2

Uniform Construction Code unless the council informs the

3

department that it should exclude any provisions of the

4

triennial code from the Uniform Construction Code. If the

5

council provides this notification, the department shall

6

submit regulations adopting the triennial code with

7

provisions omitted by the council under this section within

8

90 days following council notification.

9

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

10

(5), (6) and (7), (c) and (d) and 302, by December 31 of the

11

year of issuance of a new triennial ICC International

12

Residential Code, or its successor building code, the

13

department shall promulgate regulations providing that all

14

detached one-family and two-family dwellings and one-family

15

townhouses that are not more than three stories in height and

16

their accessory structures may be designed in accordance with

17

that code or the Uniform Construction Code at the option of

18

the building permit applicant. The department shall

19

promulgate regulations adopting the new code as the Uniform

20

Construction Code unless the council informs the department

21

that it should exclude any provisions of the triennial code

22

from the Uniform Construction Code. If the council provides

23

this notification, the department shall submit regulations

24

adopting the triennial code with provisions omitted by the

25

council under this section within 90 days following council

26

notification.]

27

(a)  Duties of department.--

28

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

29

(5), (6), (7), (8), (9) and (10), (c) and (d) and 302, the

30

department may propose regulations for the adoption of any,

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1

or all, of the recommendations made in the report required

2

under section 107(b)(3)(iii), provided that the department

3

shall not propose other changes nor shall the department

4

modify any of the council recommendations.

5

(2)  The department shall promulgate regulations to

6

implement any of the report's recommendations within 90 days

7

of receiving the report or the recommendations shall be

8

deemed to be rejected. The regulations shall be subject to

9

normal rulemaking process.

10

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

11

(2), the department shall promulgate regulations updating

12

Uniform Construction Code accessibility standards by adopting

13

Chapter 11 and Appendix E of the International Building Code

14

of 2012, or its successor, by December 31 of the year of

15

issuance of the new code.

16

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

17

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

18

its successor code, the department shall promulgate regulations

19

adopting the new code.]

20

(c)  Prior permits and construction.--

21

(1)  A construction permit issued under valid

22

construction regulations prior to the effective date of

23

regulations for a subsequent Uniform Construction Code or

24

International Fuel Gas Code issued under this act shall

25

remain valid, and the construction of any building or

26

structure may be completed pursuant to and in accordance with

27

the permit.

28

(2)  If the permit has not been actively prosecuted

29

within two years of the effective date of the regulation or

30

the period specified by a municipal ordinance, whichever is

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1

less, the former permitholder shall be required to acquire a

2

new permit.

3

(3)  Where construction of a building or structure

4

commenced before the effective date of the regulations for a

5

subsequent Uniform Construction Code or International Fuel

6

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

7

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

8

[(d)  Code revisions.--

9

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

10

provision contained in a triennial revision by the ICC to any

11

of the codes which have been adopted by regulation of the

12

department as part of the Uniform Construction Code is not,

13

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

14

purpose of this act or is otherwise inappropriate for

15

inclusion in the Uniform Construction Code. In making a

16

determination on the new or amended triennial revisions, the

17

council may consider the provisions of section 102, as well

18

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

19

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

20

health, safety and welfare of the public.

21

(ii)  The economic reasonableness and financial

22

impact of the provisions.

23

(iii)  The technical feasibility of the provisions.

24

(2)  When adopting the latest triennial versions of the

25

ICC codes, the department shall exclude a specific new or

26

amended code provision rejected by the council under

27

paragraph (1) and shall provide that the relevant provisions

28

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

29

Section 2.  Section 901(a) of the act, amended July 7, 2006

30

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

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1

adding a subsection to read:

2

Section 901.  Exemptions.

3

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

4

manufactured housing which bears a label, as required by and

5

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

6

known as the Manufactured Housing Construction and Safety

7

Standards Authorization Act, which certifies that it conforms to

8

Federal construction and safety standards adopted under the

9

Housing and Community Development Act of 1974 (Public Law

10

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

11

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

12

known as the Industrialized Housing Act, with the exception that

13

any model code enacted pursuant to the Industrialized Housing

14

Act shall not include code provisions specifically omitted from

15

adoption pursuant to this act.

16

* * *

17

(f)  Modifications to 2009 International Residential Code.--

18

(1)  Residential sprinklers.--

19

(i)  Section R313.2 of the 2009 International

20

Residential Code, or its successor provisions, are

21

excluded from the Uniform Construction Code.

22

(ii)  A builder of a one-family or two-family

23

dwelling subject to the International Residential Code

24

shall, at or before the time of entering into the

25

purchase contract, do all of the following:

26

(A)  Offer to a buyer the option to install or

27

equip, at the buyer's expense, an automatic fire

28

sprinkler system in the building or dwelling unit

29

designed and installed in accordance with the

30

provisions of section R313.2.1 of the 2009

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1

International Residential Code, or its successor

2

provision.

3

(B)  Provide the buyer with information that

4

explains the initial and ongoing cost of installing

5

and equipping an automatic fire sprinkler system in

6

the building or dwelling unit.

7

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

8

thickness of five inches or greater which comply with the

9

International Code Council Standard on the Design and

10

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

11

successor standard which the department may specify by

12

regulation, shall be permitted in residential buildings if:

13

(i)  the area weighted average U-factor for

14

fenestration products in the log walls is a maximum of

15

0.31; and

16

(ii)  (A)  the building heating equipment meets or

17

exceeds the following Department of Energy ratings:

18

(I)  Gas furnace - 90 annual fuel utilization

19

efficiency (AFUE).

20

(II)  Oil furnace - 85 annual fuel

21

utilization efficiency (AFUE).

22

(III)  Boilers - 85 annual fuel utilization

23

efficiency (AFUE).

24

(IV)  Air source heat pumps - 8.2 heating

25

seasonal performance factor (HSPF) split systems.

26

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

27

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

28

efficiency rating of 14.1 and coefficient of

29

performance of 3.3.

30

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

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1

efficiency rating of 16.2 and coefficient of

2

performance of 3.6.

3

(VI)  For water-to-water geothermal heat

4

pumps:

5

(a)  Closed loop water-to-water, an

6

energy efficiency rating of 15.1 and

7

coefficient of performance of 3.0.

8

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

9

efficiency rating of 19.1 and coefficient of

10

performance of 3.4.

11

(VII)  For direct geothermal exchange, an

12

energy efficiency rating of 15.0 and coefficient

13

of performance of 3.5;

14

or

15

(B)  the building heating equipment is qualified

16

under the Energy Star program jointly operated by the

17

Department of Energy and the United States

18

Environmental Protection Agency as provided for in 10

19

CFR Pt. 430 (relating to energy conservation program

20

for consumer products); and

21

(C)  all energy efficiency requirements of this

22

act applicable to components other than log walls are

23

met.

24

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

25

section R602.12.1.6 of the 2009 International Residential

26

Code, or its successor provisions, are excluded from the

27

Uniform Construction Code. The wall bracing requirements of

28

section R602.10 through section R602.11.3 of the

29

International Residential Code of 2006 shall be part of the

30

Uniform Construction Code; provided that the change

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1

promulgated in the 2007 International Residential Code

2

Supplement to section R602.10.5 of the 2006 International

3

Residential Code shall apply.

4

(4)  Range hood exhaust requirements.--Section M1503.4 of

5

the 2009 International Residential Code, or its successor

6

provision, is excluded from the Uniform Construction Code.

7

(5)  Floor fire protection.--Section R501.3 of the 2012

8

International Residential Code shall be part of the Uniform

9

Construction Code.

10

(6)  Dryer duct length limitations.--The maximum dryer

11

duct length established in section M1502.4.4.1 of the 2009

12

International Residential Code, and its successor provision,

13

shall, for the purposes of the Uniform Construction Code, be

14

changed from 25 feet to 35 feet.

15

(7)  Attic access insulation requirements.--Section

16

N1102.2.3 of the 2009 International Residential Code, and its

17

successor provision, is excluded from the Uniform

18

Construction Code, and attic access insulation requirements

19

shall be in accordance with Pennsylvania's Alternative

20

Residential Energy Provisions as established by the

21

Pennsylvania Housing Research/Resource Center.

22

(8)  Deck ledger attachment.--Section R502.2.3 of the

23

2009 International Residential Code, or its successor

24

provision, is excluded from the Uniform Construction Code.

25

(9)  Applicability.--An applicant for a construction

26

permit that has been approved under section 502 prior to the

27

effective date of this subsection may opt to utilize one or

28

more of the provisions of this subsection on construction

29

authorized under the permit; provided that an applicant that

30

opts to not install residential sprinklers pursuant to

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1

paragraph (1) shall be subject to the requirements of

2

paragraph (5).

3

Section 3.  This act shall take effect as follows:

4

(1)  The amendment of section 107 of the act shall take

5

effect in 30 days.

6

(2)  The remainder of this act shall take effect

7

immediately.

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