1Providing for demolition standards for buildings and structures,
2for permits, for inspections, for powers and duties of the
3Department of Labor and Industry and for training and
4enforcement; imposing penalties; and establishing the
5Demolition Safety Training and Enforcement Account.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Short title.

9This act shall be known and may be cited as the Demolition
10Safety Act.

11Section 2. Definitions.

12The following words and phrases when used in this act shall
13have the meanings given to them in this section unless the
14context clearly indicates otherwise:

15"Account." The Demolition Safety Training and Enforcement
16Account established under section 9.

17"ANSI." The American National Standards Institute.

18"Code administrator." As defined in section 103 of the act

1of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania
2Construction Code Act.

3"Construction code official." As defined in section 103 of
4the act of November 10, 1999 (P.L.491, No.45), known as the
5Pennsylvania Construction Code Act.

6"Demolition." The partial or complete destruction of a
7building or structure.

8"Demolition work." The work incidental to or associated with
9the total, partial or complete destruction of a building or
10structure.

11"Department." The Department of Labor and Industry of the
12Commonwealth.

13"Municipality." As defined in section 103 of the act of
14November 10, 1999 (P.L.491, No.45), known as the Pennsylvania
15Construction Code Act.

16"OSHA." The Occupational Safety and Health Administration of
17the United States Department of Labor.

18"Pennsylvania Construction Code Act." The act of November
1910, 1999 (P.L.491, No.45), known as the Pennsylvania
20Construction Code Act.

21"Residential building." As defined in section 103 of the act
22of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania
23Construction Code Act.

24Section 3. Application.

25(a) General rule.--

26(1) This act shall apply to the demolition of all
27buildings and structures under the jurisdiction of cities of
28the first class and municipalities that have elected coverage
29under paragraph (2).

30(2) A municipality may approve and enact an ordinance

1under the law governing the adoption of ordinances in that
2jurisdiction to elect coverage under this act.

3(b) Demolition codes and standards.--

4(1) Demolition work shall be completed in accordance
5with construction codes and standards adopted under the
6Pennsylvania Construction Code Act.

7(2) A city of the first class or a municipality that has
8elected coverage under subsection (a)(2) may enact an
9ordinance under the law governing the adoption of ordinances
10in that jurisdiction to adopt standards and safeguards for
11demolitions that equal or exceed the minimum requirements of
12the Uniform Construction Code adopted under section 301 of
13the Pennsylvania Construction Code Act. The ordinances shall
14not be subject to the limitations and requirements set forth
15in sections 503 and 504 of the Pennsylvania Construction Code
16Act.

17Section 4. Demolition permits and secondary demolition permits.

18(a) Demolition permits required.--

19(1) A contractor or an owner of a property who will
20perform demolition work on a building or structure must
21receive a demolition permit from the code administrator for
22the jurisdiction where the work will be performed.

23(2) A subcontractor or individual who is not an employee
24of the demolition permit holder and who will perform work
25authorized by the demolition permit must receive a secondary
26demolition permit from the code administrator for the
27jurisdiction where the work will be performed.

28(b) Permit applications.--

29(1) The demolition permit application shall require:

30(i) Identifying information and qualifications,

1which may include work history, training or educational
2experience, affiliation or membership in occupational
3associations or organizations, and licensing and
4certifications issued by a public agency or recognized
5industry association or organization.

6(ii) Documents, including building and site plans,
7if available, prepared by a licensed architect or
8professional engineer and demolition plans, time
9schedules and surveys required under 29 CFR Part 1926.850
10(relating to preparatory operations), prepared by a
11professional engineer who is trained or experienced in
12the field of demolition.

13(iii) A site-specific safety plan that supports the
14demolition plan and meets or exceeds current OSHA and
15ANSI A10.6 standards for demolition. The plan must be
16updated throughout demolition work.

17(iv) Verification that preparatory requirements have
18been completed, which include, but are not limited to,
19the following:

20(A) Asbestos or hazardous materials inspection,
21abatement or removal as required by Federal, State or
22local law or regulation.

23(B) Utility disconnections beyond the building
24or structure, except where it may be necessary to
25maintain a utility service.

26(v) Liability insurance in the amount of at least
27$1,000,000.

28(vi) A performance bond by a surety company
29authorized to do business in this Commonwealth in the
30amount of the estimated cost of the demolition work

1authorized by the permit, but not less than $25,000. The
2bond shall be conditioned upon acceptable completion of
3the work authorized by the permit.

4(vii) Certification that employees who will perform
5work authorized by the permit have completed industry
6standard training and maintain any certifications or
7licensing which may be required by Federal, State or
8local law.

9(viii) Proof of a drug and alcohol testing policy,
10which authorizes testing based on reasonable suspicion or
11any other basis, for all workers employed on the project,
12or, if the applicant is an individual, an agreement that
13the individual will not engage in the unlawful possession
14or use of a controlled substance while performing work
15authorized by the permit.

16(ix) An agreement that an employee or individual who
17has successfully completed an OSHA 30-hour course in
18construction industry safety and health hazard
19recognition and prevention and possesses training or
20experience in the application of ANSI A10.6 standards for
21demolition will be on site at all times work is performed
22under the permit.

23(x) Identifying information for subcontractors that
24will perform work authorized by the permit.

25(xi) An agreement to provide notice by certified
26mail of the application for a demolition permit and
27demolition time schedule to adjacent property owners and
28occupants.

29(xii) Any other requirements set forth by the
30department, the city of the first class or the

1municipality.

2(2) The secondary demolition permit application shall
3require:

4(i) Identifying information and qualifications,
5which may include work history, training or educational
6experience, affiliation or membership in occupational
7associations or organizations and licensing and
8certifications.

9(ii) A copy of the primary demolition permit.

10(iii) A summary of work to be completed by the
11subcontractor or individual.

12(iv) Liability insurance of at least $1,000,000.

13(v) Certification that employees or individuals who
14will perform work authorized by the permit have completed
15industry standard training and maintain any
16certifications or licensing which may be required by
17Federal, State or local law.

18(vi) Proof of a drug and alcohol testing policy,
19which authorizes testing based on reasonable suspicion or
20any other basis, for all workers employed on the project,
21or, if the applicant is an individual, an agreement that
22the individual will not engage in the unlawful possession
23or use of a controlled substance while performing work
24authorized by the permit.

25(vii) Any other requirements set forth by the
26department or municipality.

27(c) Permit approval.--

28(1) A code administrator shall review applications for
29demolition permits and secondary demolition permits and may
30grant the permit if:

1(i) The application meets the requirements set forth
2under subsection (b).

3(ii) The code administrator determines that the
4applicant is qualified to perform the work authorized by
5the permit.

6(iii) The code administrator confirms that
7contractors and heavy equipment operators maintain
8certifications or licensing that may be required by
9Federal, State or local law.

10(iv) The code administrator has conducted a site
11inspection.

12(2) A code administrator may approve a permit with
13conditions or specialized instructions to conduct demolition
14work.

15(d) Waiver or reduction of permit requirements.--

16(1) A code administrator may waive or reduce
17requirements set forth by subsection (b) with respect to a
18single demolition permit if the code administrator finds
19that:

20(i) the costs or requirements are excessive when
21compared to the risks to public safety and acceptable
22completion of the demolition and that the demolition will
23include only work on a fully detached residential
24building that maintains a setback from property lines and
25public ways so that the demolition will not disturb
26adjacent properties or the public; or

27(ii) the proposed demolition will not include load-
28bearing structural changes and the applicant has obtained
29a construction permit.

30(2) Reasons must be provided by the code administrator

1in writing.

2Section 5. Enforcement.

3(a) Inspections required.--

4(1) A code administrator may examine and inspect
5demolition buildings, structures or sites related to the
6permit application or demolition to ensure compliance.

7(2) Inspections shall be conducted as follows:

8(i) prior to issuing a permit;

9(ii) at intervals during demolition work;

10(iii) at any time that a credible complaint has been
11made regarding the demolition work; and

12(iv) after work is completed.

13(b) Stop work orders and cancellation of permits.--A code
14administrator may issue stop work orders or revoke permits if
15the administrator finds that demolition work is not in
16compliance with the requirements of this act or the requirements
17of the demolition permit.

18(c) Right of appeal.--A person aggrieved by the application
19or enforcement of this section shall have the right to appeal to
20a court of appropriate jurisdiction.

21Section 6. Penalties.

22(a) Violation of the act.--

23(1) Any individual, firm or corporation that performs
24demolition work without a demolition permit or misrepresents
25or omits facts in order to obtain a demolition permit commits
26a misdemeanor of the third degree and shall, upon conviction,
27be sentenced to pay a fine of not more than $2,500 and costs.

28(2) Each day that a violation of this act continues
29shall be considered a separate violation.

30(b) Disposition of penalties.--The amount of the penalty

1shall be forwarded to the entity with enforcement jurisdiction.

2Section 7. Records.

3The code administrator shall retain records of applications,
4inspections and enforcement actions for no less than four years
5after the completion of the demolition project.

6Section 8. Duties of department.

7(a) Review of code administrators.--

8(1) The department shall annually, and at any time with
9reasonable cause, review code administrators, construction
10code officials and third party agencies concerning the
11enforcement and administration of this act and qualifications
12required by section 701 of the Pennsylvania Construction Code
13Act.

14(2) The department shall make a report to the governing
15body of the municipality that was the subject of a review.
16The report shall include findings and recommendations or
17required actions to address any deficiency observed by the
18department.

19(3) The department may require compliance with this act
20through proceedings in Commonwealth Court.

21(b) Training programs.--Programs of required training and
22certification and continuing education for all categories of
23code administrators employed by the department, cities of the
24first class and municipalities that have elected coverage under
25this act shall include an OSHA 30-hour course in construction
26industry safety and health hazard recognition and prevention.

27Section 9. Training and enforcement grants.

28(a) Additional fee.--The department, cities of the first
29class and municipalities that have elected coverage under
30section 3(a)(2) may assess an additional fee on each permit

1issued under the authority of this act and the Pennsylvania
2Construction Code Act in the amount of 15% of the total cost of
3the permit.

4(b) Training and enforcement account.--There is hereby
5established within the State Treasury a restricted account,
6which shall be known as the Demolition Safety Training and
7Enforcement Account.

8(c) Deposit.--Moneys collected as authorized under
9subsection (a) shall be transmitted quarterly to the State
10Treasurer and deposited in the account. Moneys so deposited are
11appropriated to the department for the following purposes:

12(1) For grants for enhanced enforcement of this act and
13the Pennsylvania Construction Code Act, including training
14and staffing of code administrators, construction code
15officials and inspectors and associated administrative costs.
16Grants must be allocated annually and in proportion to
17revenue generated from the additional fees assessed under
18subsection (a).

19(2) For costs incurred by the department under section
208(a).

21(3) For costs of administering the account.

22(d) Report required.--Within 18 months of the effective date
23of this section and every year thereafter, the department shall
24submit a report to the chairman and minority chairman of the
25Labor and Industry Committee of the Senate and the chairman and
26minority chairman of the Labor and Industry Committee of the
27House of Representatives. The report shall provide the following
28information:

29(1) All data available on the administration of the
30account.

1(2) Revenue generated by the additional fee.

2(3) The use and distribution of revenue by the
3department.

4(4) Any other information that the department believes
5to be relevant or necessary in the content of the report.

6Section 10. Effective date.

7This act shall take effect immediately.