AN ACT

 

1Amending the act of November 10, 1999 (P.L.491, No.45), entitled
2"An act establishing a uniform construction code; imposing
3powers and duties on municipalities and the Department of
4Labor and Industry; providing for enforcement; imposing
5penalties; and making repeals," further providing for the
6duties of the council, for revised or successor codes and for
7education and training programs.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 107(b), (b.1), (c), (f), (j) and (l) of 
11the act of November 10, 1999 (P.L.491, No.45), known as the 
12Pennsylvania Construction Code Act, amended or added October 9, 
132008 (P.L.1386, No.106) and April 25, 2011 (P.L.1, No.1), are 
14amended to read:

15Section 107. Uniform Construction Code Review and Advisory
16Council.

17* * *

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

19(1) Gather information from municipal officers, building
20code officials, construction code officials, licensed design

1professionals, builders and property owners concerning issues
2with the Uniform Construction Code raised by council members
3or changes proposed by members of the General Assembly.

4(2) Evaluate the information compiled under paragraph
5(1) and make recommendations to the following:

6(i) The Governor.

7(ii) The Secretary of Labor and Industry.

8(iii) The members of any legislative committee
9considering amendments to this act.

10(iv) The President pro tempore of the Senate.

11(v) The Speaker of the House of Representatives.

12(vi) The Code Development Councils of the
13International Code Council.

14(3) With the exception of the provisions of Chapter 11
15and Appendix E of the International Building Code of 2009, or
16its successor codes, or any other accessibility requirements
17which shall be specified in the regulations contained in or
18referenced by the Uniform Construction Code relating to
19persons with physical disabilities, review the [latest
20triennial code revisions issued by the International Code
21Council, beginning with the 2012 codes,] provisions revised 
22in published International Code Council updates subsequent to 
23the latest Pennsylvania Uniform Construction Code adoption,
24as provided under subsection (b.1).

25(b.1) Code review process.--

26(1) Beginning with the [2012 ICC codes, the council
27shall review the latest triennial code revisions upon
28official publication of the codes.] 2015 ICC codes, the 
29council shall review the <-latest triennial code revisions 
<-30provisions revised in published International Code Council
 

1updates subsequent to the latest Pennsylvania Uniform 
2Construction Code adoption upon official publication of the 
3codes<-, as well as code revisions in the 2012 triennial 
4publication of the codes that were not previously adopted by 
5the council for inclusion in the Uniform Construction Code.

6(2) During the review process, the council shall hold at
7least three public hearings. One of the public hearings shall
8be held in Harrisburg, one shall be held in the eastern
9region of this Commonwealth and one shall be held in the
10western region of this Commonwealth.

11(3) The council shall submit a report to the secretary
12within the [12-month] 24-month period following official
13publication of the latest triennial code revisions under
14paragraph (1) with provisions of the codes that are specified
15for adoption[.] and which provisions are specified for 
16modification. Modification shall be limited to the subject 
17matter of the provisions of the latest triennial code 
18revisions and shall be consistent with the intent and 
19purposes of this act. The provisions of the codes that are
20specified for [adoption] rejection shall be separately
21designated in the report.

22(4) The council shall examine triennial code revisions 
23and modifications by applying all of the following criteria:

24(i) The impact that the provision may have upon the
25health, safety and welfare of the public.

26(ii) The economic and financial impact of the
27provision.

28(iii) The technical feasibility of the provision.

29(iv) The requirement that the provision, if modified
30by the council, must meet or exceed the Uniform

1Construction Code provision currently in effect.

2(5) Only [triennial code revisions<-] provisions revised 
3in published International Code Council updates subsequent to 
4the latest Pennsylvania Uniform Construction Code adoption 
5and modifications that are adopted by a two-thirds vote of
6council membership shall be included in the report required
7under paragraph (3).

<-8(6) The council may, as part of its review of the 2015
9ICC codes, also re-review the 2012 codes.

10(c) Composition.--The council shall consist of the following
11members appointed by the Governor:

12(1) A general contractor from an association
13representing the residential construction industry who has
14recognized ability and experience in the construction of new
15residential buildings.

16(2) A general contractor from an association
17representing the nonresidential construction industry who has
18recognized ability and experience in the construction of
19nonresidential buildings.

20(3) A Uniform Construction Code-certified residential
21building inspector who possesses all five residential
22certifications from an association representing building code
23officials who has experience administering and enforcing
24residential codes.

25(4) A Uniform Construction Code-certified building
26inspector who possesses all nonresidential inspection
27certifications, but need not possess a fire inspector
28certification, or a certified plans examiner who also holds
29an accessibility certification from an association
30representing building code officials who has experience

1administering and enforcing nonresidential codes.

2(5) A Uniform Construction Code-certified fire inspector
3from an association representing building code officials.

4(6) A Uniform Construction Code-certified building code
5official from an association representing building code
6officials with building code official certification.

7(7) A residential contractor from an association
8representing contractors engaged in remodeling residential
9buildings who has recognized ability and experience in
10remodeling residential and nonresidential buildings.

11(8) A licensed architect from an association
12representing architects who has recognized ability and
13experience in the design and construction of nonresidential
14buildings.

15(9) A licensed architect from an association
16representing architects who has recognized ability and
17experience in the design and construction of residential
18buildings.

19(10) A licensed structural engineer from an association
20representing professional engineers who has recognized
21ability and experience in the design and construction of
22buildings.

23(11) A licensed mechanical engineer specializing in HVAC
24systems from an association representing professional
25engineers who has recognized ability and experience in the
26design and construction of buildings.

27(12) A licensed mechanical engineer specializing in
28plumbing and fire protection from an association representing
29professional engineers who has recognized ability and
30experience in the design and construction of buildings.

1(13) A licensed electrical engineer from an association
2representing professional engineers who has recognized
3ability and experience in the design and construction of
4buildings.

5(14) An elected official of a township of the second
6class who has recognized ability and experience in
7construction of buildings.

8(15) An elected borough official who has recognized
9ability and experience in construction of buildings.

10(16) An elected official of a third class city who has
11recognized ability and experience in the construction of
12buildings.

13(17) An individual from an association representing
14manufactured housing who shall be knowledgeable, licensed or
15certified to sell and install manufactured housing.

16(18) An official of a city of the first class who has
17recognized ability and experience in the administration and
18enforcement of this act.

19(19) An individual from an association representing only
20modular housing manufacturers who is knowledgeable, licensed
21or certified under the act of May 11, 1972 (P.L.286, No.70),
22known as the Industrialized Housing Act, to manufacture and
23sell modular homes in Pennsylvania.

24(20) An architect or engineer specializing in building 
25energy efficiency.

26At least one of the inspectors appointed to the council shall be
27a municipal employee, and at least one inspector shall be a
28third-party private sector inspector.

29* * *

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

1[two] three years and until his successor is appointed beginning
2July 1, 2008, except the initial term of members appointed under
3subsection (c)(1), (3), (4), (5), (8), (11), (13) and (14) shall
4be for three years and until their successor is appointed.

5* * *

6(j) Administrative support.--The department shall provide a
7facility for council meetings under this act, stenographic
8services and required notice of the council's meetings. The
9department [may] shall provide staff support to assist the 
10council in its duties required by subsection (b.1)(4) and in
11drafting any reports required under this act.

12* * *

13(l) Compensation and expenses.--Members of the council shall
14not receive a salary [or per diem allowance for their service] 
15but shall be entitled to <-reimbursement for reasonable travel, 
16hotel and other necessary expenses incurred in performing their 
17duties.

18Section 2. Section 304 of the act, amended April 5, 2011
19(P.L.1, No.1), is amended to read:

20Section 304. Revised or successor codes.

21(a) Duties of department.--

22(1) Subject to sections 105(c) and (d), 301(a)(3), (4),
23(5), (6) and (7), (c) and (d) and 302, within [three] 12
24months of the receipt of the report under section 107(b.1),
25the department shall promulgate final-omitted regulations
26under the act of June 25, 1982 (P.L.633, No.181), known as
27the Regulatory Review Act, to adopt the <-[triennial code
28revisions<-] provisions revised in published International Code 
29Council updates subsequent to the latest Pennsylvania Uniform 
30Construction Code adoption and modifications made in the

1report without change.

2(2) Regulations promulgated under this subsection are
3exempt from:

4(i) section 205 of the act of July 31, 1968
5(P.L.769, No.240), referred to as the Commonwealth
6Documents Law; and

7(ii) sections 204(b) and 301(10) of the act of
8October 15, 1980 (P.L.950, No.164), known as the
9Commonwealth Attorneys Act.

10(3) Notwithstanding paragraphs (1) and (2), the
11department shall promulgate regulations updating
12accessibility standards under Chapter 3 by adopting Chapter
1311 and Appendix E of the International Building Code of 2012,
14or its successor, <-or any other accessibility requirements 
15which shall be specified in the regulations, contained in or 
16referenced by the Uniform Construction Code relating to 
17persons with disabilities, by December 31 of the year [of<-]
18following the issuance of the new code.

19(a.1) Continuity.--If [a triennial revision is<-] the 
20provisions revised in published International Code Council 
21updates subsequent to the latest Pennsylvania Uniform 
22Construction Code adoption are not adopted under section
23107(b.1)(5), the relevant provisions of the <-[prior version of
24the codes<-] the latest Pennsylvania Uniform Construction Code
25shall remain in effect.

26(c) Prior permits and construction.--

27(1) A construction permit issued under valid
28construction regulations prior to the effective date of
29regulations for a subsequent Uniform Construction Code or
30International Fuel Gas Code issued under this act shall

1remain valid, and the construction of any building or
2structure may be completed pursuant to and in accordance with
3the permit.

4(2) If the permit has not been actively prosecuted
5within two years of the effective date of the regulation or
6the period specified by a municipal ordinance, whichever is
7less, the former permitholder shall be required to acquire a
8new permit.

9(3) Where construction of a building or structure
10commenced before the effective date of the regulations for a
11subsequent Uniform Construction Code or International Fuel
12Gas Code issued under this act and a permit was not required
13at that time, construction may be completed without a permit.

14Section 3. Section 703 of the act, amended November 29, 2006
15(P.L.1440, No.157), is amended to read:

16Section 703. Education and training programs.

17(a) Fee.--Municipalities administering and enforcing this
18act under section 501(a) and third-party agencies providing
19services under section 501(e) shall assess a fee of [$4] $5 on
20each construction or building permit issued under the authority
21of this act. The fee shall be in addition to any other fee
22imposed for the permit.

23(b) [Training accounts] Accounts.--There is hereby
24established within the State Treasury [two] three restricted
25accounts which shall be known as the Municipal Code Official
26Training Account, the Review and Advisory Council Administration 
27Account and the Construction Contractor Training Account.

28(c) Deposit.--Moneys collected as authorized under
29subsection (a) shall be transmitted quarterly to the State
30Treasury and shall be [equally] divided and deposited in the

1accounts established in subsection (b)[.] as follows:

2(1) forty percent of the moneys shall be deposited in
3the Municipal Code Official Training Account;

4(2) forty percent of the moneys shall be deposited in
5the Construction Contractor Training Account; and

6(3) twenty percent of the moneys shall be deposited in
7the Review and Advisory Council Administration Account.

8Moneys so deposited <-under paragraphs (1) and (2) are hereby 
9equally appropriated on approval of the Governor to the
10Department of Community and Economic Development for the purpose
11of education and training programs provided by the Pennsylvania
12Construction Codes Academy for municipal code officials and
13individuals employed by third-party agencies under contract to a
14municipality and to a Pennsylvania-based housing research center
15located at a land grant university for the construction
16industry. To assure the programs meet the needs of the
17construction industry, the education, training and other
18activities provided by such a housing research center shall be
19approved by its industry advisory committee.

20(d) Review and Advisory Council Administration expenses.--
21Moneys collected as authorized under subsection (a) and
22deposited in the Review and Advisory Council Administration
23Account shall be transmitted quarterly to the Department of
24Labor and Industry for expenses of the Review and Advisory
25Council as authorized in section 107(l) and for technical
26assistance as provided for in section 107(k) and administrative
27assistance as determined necessary by the council and the
28department.

29Section 4. This act shall take effect in 60 days.