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SENATE AMENDED
PRIOR PRINTER'S NO. 638
PRINTER'S NO. 3617
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
568
Session of
2015
INTRODUCED BY EVANKOVICH, DIAMOND, HEFFLEY, GROVE, WARNER,
SANKEY, ZIMMERMAN, OBERLANDER, HELM, GABLER, CUTLER,
READSHAW, ENGLISH, BENNINGHOFF, SIMMONS, GIBBONS, MICCARELLI
AND SANTORA, FEBRUARY 23, 2015
SENATOR BAKER, LABOR AND INDUSTRY, IN SENATE, AS AMENDED,
JUNE 23, 2016
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," in exemptions, applicability
and penalties, further providing for applicability to certain
buildings. IN PRELIMINARY PROVISIONS, FURTHER PROVIDING FOR
DEFINITIONS AND FOR UNIFORM CONSTRUCTION CODE REVIEW AND
ADVISORY COUNCIL AND PROVIDING FOR REVIEW OF UPDATED SECTIONS
AND ADOPTION OF UPDATED SECTIONS INTO UNIFORM CONSTRUCTION
CODE; IN UNIFORM CONSTRUCTION CODE, FURTHER PROVIDING FOR
REVISED OR SUCCESSOR CODES; IN ADOPTION AND ENFORCEMENT BY
MUNICIPALITIES, FURTHER PROVIDING FOR ADMINISTRATION AND
ENFORCEMENT; AND, IN TRAINING AND CERTIFICATION OF
INSPECTORS, FURTHER PROVIDING FOR EDUCATION AND TRAINING
PROGRAMS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 902(c) of the act of November 10, 1999
(P.L.491, No.45), known as the Pennsylvania Construction Code
Act, amended December 22, 2005 (P.L.478, No.95), is amended to
read:
Section 902. Applicability to certain buildings.
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* * *
(c) Uncertified buildings over which the department does not
have jurisdiction.--
(1) A construction code official shall issue a
certificate of occupancy to an uncertified building if it
meets the requirements of subsection (b), the latest adopted
version of the International Existing Building Code or
Chapter 34 of the International Building Code[,]; and the
construction code official shall utilize the code [for the
municipality which] that, in his professional judgment, he
deems to best apply.
(2) A construction code official may deny the issuance
of a certificate of occupancy if the official deems that a
building is unsafe because of inadequate means of egress,
inadequate lighting and ventilation, fire hazards or other
dangers to human life or to public welfare.
[(3) A municipality subject to this subsection may
utilize the standards of subsection (b) for the issuance of
certificates of occupancy to uncertified buildings by
adopting an ordinance adopting the standards of issuance
pursuant to the procedures delineated in section 503.]
* * *
Section 2. This act shall take effect in 60 days.
SECTION 1. THE DEFINITION OF "BOARD OF APPEALS" IN SECTION
103 OF THE ACT OF NOVEMBER 10, 1999 (P.L.491, NO.45), KNOWN AS
THE PENNSYLVANIA CONSTRUCTION CODE ACT, IS AMENDED AND THE
SECTION 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
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CONTEXT CLEARLY INDICATES OTHERWISE:
* * *
"BOARD OF APPEALS." THE BODY CREATED BY A MUNICIPALITY OR
MORE THAN ONE MUNICIPALITY TO HEAR APPEALS FROM DECISIONS OF THE
CODE ADMINISTRATOR AS PROVIDED FOR BY [CHAPTER 1 OF THE 1999
BUILDING OFFICIALS AND CODE ADMINISTRATORS INTERNATIONAL, INC.,
NATIONAL BUILDING CODE, FOURTEENTH EDITION] THE DEPARTMENT BY
REGULATION.
* * *
"CODES." THE TERM INCLUDES:
(1) SECTIONS OF THE ICC CODES SPECIFIED IN 34 PA. CODE §
403.21 (RELATING TO UNIFORM CONSTRUCTION CODE).
(2) ANY OTHER SECTIONS OF THE ICC CODES WHICH WERE
PREVIOUSLY SUBJECT TO REVIEW BY THE COUNCIL WHETHER OR NOT
THOSE SECTIONS WERE INCORPORATED INTO THE UNIFORM
CONSTRUCTION CODE OR SPECIFIED IN 34 PA. CODE § 403.21.
* * *
"EXISTING SECTIONS." ALL SECTIONS OF THE CODES THAT HAVE
BEEN INCORPORATED INTO THE UNIFORM CONSTRUCTION CODE THAT ARE
CURRENTLY IN EFFECT AT THE TIME OF REVIEW BY THE COUNCIL
PURSUANT TO SECTION 108.
* * *
"UNOPPOSED SECTIONS." ANY AND ALL UPDATED SECTIONS THAT:
(1) DO NOT RECEIVE A PUBLIC COMMENT PURSUANT TO SECTION
108(A)(3)(II).
(2) ARE NOT SELECTED FOR FURTHER REVIEW BY A TECHNICAL
ADVISORY COMMITTEE PURSUANT TO SECTION 108(A)(3)(V).
(3) ARE NOT SELECTED FOR FURTHER REVIEW BY THE COUNCIL
PURSUANT TO SECTION 108(A)(3)(IX)(A).
"UPDATED SECTIONS." ANY AND ALL SECTIONS OF THE NEWEST
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EDITION OF THE ICC CODES SUBJECT TO REVIEW BY THE COUNCIL UNDER
SECTION 108(A)(1) THAT ARE DIFFERENT FROM, ADDED TO OR DELETED
FROM, THE IMMEDIATELY PRECEDING SECTIONS OF THE ICC CODES. EACH
UPDATED SECTION SHALL BE REFERENCED BY THE SECTION NUMBER
ASSIGNED TO SUCH SECTION BY THE ICC CODES.
* * *
SECTION 2. SECTION 107 OF THE ACT, AMENDED OR ADDED OCTOBER
9, 2008 (P.L.1386, NO.106) AND APRIL 25, 2011 (P.L.1, NO.1), IS
AMENDED TO READ:
SECTION 107. UNIFORM CONSTRUCTION CODE REVIEW AND ADVISORY
COUNCIL.
(A) ESTABLISHMENT.--THE UNIFORM CONSTRUCTION CODE REVIEW AND
ADVISORY COUNCIL IS HEREBY ESTABLISHED.
(B) DUTIES.--THE COUNCIL SHALL DO THE FOLLOWING:
(1) GATHER INFORMATION FROM MUNICIPAL OFFICERS, BUILDING
CODE OFFICIALS, CONSTRUCTION CODE OFFICIALS, LICENSED DESIGN
PROFESSIONALS, BUILDERS [AND], PROPERTY OWNERS, CONSTRUCTION
TRADES AND CONSUMER REPRESENTATIVES CONCERNING ISSUES WITH
THE UNIFORM CONSTRUCTION CODE RAISED BY COUNCIL MEMBERS OR
CHANGES PROPOSED BY MEMBERS OF THE GENERAL ASSEMBLY.
(2) EVALUATE THE INFORMATION COMPILED UNDER PARAGRAPH
(1) AND MAKE RECOMMENDATIONS TO THE FOLLOWING:
(I) THE GOVERNOR.
(II) THE SECRETARY OF LABOR AND INDUSTRY.
(III) THE MEMBERS OF ANY LEGISLATIVE COMMITTEE
CONSIDERING AMENDMENTS TO THIS ACT.
(IV) THE PRESIDENT PRO TEMPORE OF THE SENATE.
(V) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
(VI) THE CODE DEVELOPMENT COUNCILS OF THE
INTERNATIONAL CODE COUNCIL.
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(3) WITH THE EXCEPTION OF THE PROVISIONS OF CHAPTER 11
AND APPENDIX E OF THE INTERNATIONAL BUILDING CODE OF 2009, OR
ITS SUCCESSOR CODES, OR ANY OTHER ACCESSIBILITY REQUIREMENTS
SPECIFIED IN REGULATION, CONTAINED IN OR REFERENCED BY THE
UNIFORM CONSTRUCTION CODE RELATING TO PERSONS WITH PHYSICAL
DISABILITIES, REVIEW THE [LATEST TRIENNIAL CODE REVISIONS
ISSUED BY THE INTERNATIONAL CODE COUNCIL, BEGINNING WITH THE
2012 CODES] UPDATED SECTIONS, AS PROVIDED UNDER [SUBSECTION
(B.1)] SECTION 108, OR OTHER SECTIONS OF THE CODES, AS
PROVIDED UNDER SECTION 108(A)(1)(III).
[(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 12-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
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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 WHO ARE APPOINTED BY THE GOVERNOR OR AS OTHERWISE
SPECIFIED:
(1) A GENERAL CONTRACTOR FROM AN ASSOCIATION
REPRESENTING THE RESIDENTIAL CONSTRUCTION INDUSTRY WHO HAS
RECOGNIZED ABILITY AND EXPERIENCE IN THE CONSTRUCTION OF NEW
RESIDENTIAL BUILDINGS.
(2) A GENERAL CONTRACTOR FROM AN ASSOCIATION
REPRESENTING THE NONRESIDENTIAL CONSTRUCTION INDUSTRY WHO HAS
RECOGNIZED ABILITY AND EXPERIENCE IN THE CONSTRUCTION OF
NONRESIDENTIAL BUILDINGS.
(3) A UNIFORM CONSTRUCTION CODE-CERTIFIED RESIDENTIAL
BUILDING INSPECTOR WHO POSSESSES ALL FIVE RESIDENTIAL
CERTIFICATIONS FROM AN ASSOCIATION REPRESENTING BUILDING CODE
OFFICIALS WHO HAS EXPERIENCE ADMINISTERING AND ENFORCING
RESIDENTIAL CODES.
(4) A UNIFORM CONSTRUCTION CODE-CERTIFIED BUILDING
INSPECTOR WHO POSSESSES ALL NONRESIDENTIAL INSPECTION
CERTIFICATIONS, BUT NEED NOT POSSESS A FIRE INSPECTOR
CERTIFICATION, OR A CERTIFIED PLANS EXAMINER WHO ALSO HOLDS
AN ACCESSIBILITY CERTIFICATION FROM AN ASSOCIATION
REPRESENTING BUILDING CODE OFFICIALS WHO HAS EXPERIENCE
ADMINISTERING AND ENFORCING NONRESIDENTIAL CODES.
(5) A UNIFORM CONSTRUCTION CODE-CERTIFIED FIRE INSPECTOR
FROM AN ASSOCIATION REPRESENTING [BUILDING] FIRE CODE
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OFFICIALS.
(6) A UNIFORM CONSTRUCTION CODE-CERTIFIED BUILDING CODE
OFFICIAL FROM AN ASSOCIATION REPRESENTING BUILDING CODE
OFFICIALS WITH BUILDING CODE OFFICIAL CERTIFICATION.
(7) A RESIDENTIAL CONTRACTOR FROM AN ASSOCIATION
REPRESENTING CONTRACTORS ENGAGED IN REMODELING RESIDENTIAL
BUILDINGS WHO HAS RECOGNIZED ABILITY AND EXPERIENCE IN
REMODELING RESIDENTIAL AND NONRESIDENTIAL BUILDINGS.
(8) A LICENSED ARCHITECT FROM AN ASSOCIATION
REPRESENTING ARCHITECTS WHO HAS RECOGNIZED ABILITY AND
EXPERIENCE IN THE DESIGN AND CONSTRUCTION OF NONRESIDENTIAL
BUILDINGS.
(9) A LICENSED ARCHITECT FROM AN ASSOCIATION
REPRESENTING ARCHITECTS WHO HAS RECOGNIZED ABILITY AND
EXPERIENCE IN THE DESIGN AND CONSTRUCTION OF RESIDENTIAL
BUILDINGS.
(10) A LICENSED STRUCTURAL ENGINEER FROM AN ASSOCIATION
REPRESENTING PROFESSIONAL ENGINEERS WHO HAS RECOGNIZED
ABILITY AND EXPERIENCE IN THE DESIGN AND CONSTRUCTION OF
BUILDINGS.
(11) A LICENSED MECHANICAL ENGINEER SPECIALIZING IN HVAC
SYSTEMS FROM AN ASSOCIATION REPRESENTING PROFESSIONAL
ENGINEERS WHO HAS RECOGNIZED ABILITY AND EXPERIENCE IN THE
DESIGN AND CONSTRUCTION OF BUILDINGS.
(12) A LICENSED MECHANICAL ENGINEER SPECIALIZING IN
PLUMBING AND FIRE PROTECTION FROM AN ASSOCIATION REPRESENTING
PROFESSIONAL ENGINEERS WHO HAS RECOGNIZED ABILITY AND
EXPERIENCE IN THE DESIGN AND CONSTRUCTION OF BUILDINGS.
(13) A LICENSED ELECTRICAL ENGINEER FROM AN ASSOCIATION
REPRESENTING PROFESSIONAL ENGINEERS WHO HAS RECOGNIZED
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ABILITY AND EXPERIENCE IN THE DESIGN AND CONSTRUCTION OF
BUILDINGS.
(14) [AN ELECTED] A TOWNSHIP OFFICIAL [OF A TOWNSHIP OF
THE SECOND CLASS] WHO HAS RECOGNIZED ABILITY AND EXPERIENCE
IN CONSTRUCTION OF BUILDINGS.
(15) AN ELECTED BOROUGH OFFICIAL WHO HAS RECOGNIZED
ABILITY AND EXPERIENCE IN CONSTRUCTION OF BUILDINGS.
(16) [AN ELECTED] A SECOND OR THIRD CLASS CITY OFFICIAL
[OF A THIRD CLASS CITY] WHO HAS RECOGNIZED ABILITY AND
EXPERIENCE IN THE CONSTRUCTION OF BUILDINGS.
(17) AN INDIVIDUAL FROM AN ASSOCIATION REPRESENTING
MANUFACTURED HOUSING WHO SHALL BE KNOWLEDGEABLE, LICENSED OR
CERTIFIED TO SELL AND INSTALL MANUFACTURED HOUSING.
(18) [AN] A FIRST CLASS CITY OFFICIAL [OF A CITY OF THE
FIRST CLASS] WHO HAS RECOGNIZED ABILITY AND EXPERIENCE IN THE
ADMINISTRATION AND ENFORCEMENT OF THIS ACT.
(19) AN INDIVIDUAL FROM AN ASSOCIATION REPRESENTING ONLY
MODULAR HOUSING MANUFACTURERS WHO IS KNOWLEDGEABLE, LICENSED
OR CERTIFIED UNDER THE ACT OF MAY 11, 1972 (P.L.286, NO.70),
KNOWN AS THE INDUSTRIALIZED HOUSING ACT, TO MANUFACTURE AND
SELL MODULAR HOMES IN PENNSYLVANIA.]
(20) AN APPOINTEE OF RECOGNIZED ABILITY AND EXPERIENCE
EMPLOYED IN THE CONSTRUCTION TRADES. THE EMPLOYEE SHALL SEEK
TO REPRESENT EMPLOYEES IN THE CONSTRUCTION INDUSTRY.
(21) AN APPOINTEE REPRESENTING THE INTERESTS OF
CONSUMERS.
AT LEAST ONE OF THE INSPECTORS APPOINTED TO THE COUNCIL SHALL BE
A MUNICIPAL EMPLOYEE, AND AT LEAST ONE INSPECTOR SHALL BE A
THIRD-PARTY PRIVATE SECTOR INSPECTOR.
(D) VACANCIES.--VACANCIES ON THE COUNCIL SHALL BE FILLED IN
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THE [SAME] MANNER [IN WHICH THEY WERE ORIGINALLY DESIGNATED]
PROVIDED UNDER SUBSECTION (C) WITHIN 30 BUSINESS DAYS OF THE
VACANCY[. IF THE GOVERNOR FAILS TO ACT WITHIN 30 BUSINESS DAYS,
THE COUNCIL CHAIRPERSON SHALL APPOINT AN INDIVIDUAL TO FILL THE
VACANCY.] AND ANY NEW COUNCIL MEMBER APPOINTED SHALL SERVE THE
REMAINDER OF THE TERM OF HIS OR HER PREDECESSOR.
(E) REMOVAL.--COUNCIL MEMBERS WHO MISS THREE OR MORE
CONSECUTIVE MEETINGS OR WHO MISS THREE OR MORE MEETINGS OF A
TECHNICAL ADVISORY COMMITTEE TO WHICH THEY HAVE BEEN APPOINTED,
SHALL BE REMOVED FROM THE COUNCIL AND ANY TECHNICAL ADVISORY
COMMITTEES TO WHICH THEY HAVE BEEN APPOINTED AND A NEW COUNCIL
MEMBER SHALL BE APPOINTED IN ACCORDANCE WITH THIS SECTION.
NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, THE COUNCIL
CHAIR SHALL APPOINT A COUNCIL MEMBER TO SERVE ON A TECHNICAL
ADVISORY COMMITTEE AND REPLACE A COUNCIL MEMBER REMOVED FROM
THAT TECHNICAL ADVISORY COMMITTEE PURSUANT TO THIS SUBSECTION. A
COUNCIL MEMBER MAY ALSO BE REMOVED FOR JUST CAUSE BY THE
GOVERNOR.
(F) TERMS.--
(1) A MEMBER OF THE COUNCIL SHALL SERVE TERMS OF [TWO]
THREE YEARS AND UNTIL HIS SUCCESSOR IS APPOINTED [BEGINNING
JULY 1, 2008, EXCEPT THE INITIAL TERM OF MEMBERS APPOINTED
UNDER SUBSECTION (C)(1), (3), (4), (5), (8), (11), (13) AND
(14) SHALL BE FOR THREE YEARS AND UNTIL THEIR SUCCESSOR IS
APPOINTED].
(2) THE CURRENT TERMS OF ALL COUNCIL MEMBERS SERVING ON
THE EFFECTIVE DATE OF THIS PARAGRAPH ARE EXTENDED AS OF THE
EFFECTIVE DATE OF THIS PARAGRAPH FOR ONE ADDITIONAL YEAR.
(G) CHAIRPERSON AND VICE CHAIRPERSON.--THE MEMBERS SHALL
ELECT, BY A MAJORITY VOTE, A CHAIRPERSON AND VICE CHAIRPERSON OF
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THE COUNCIL.
(H) QUORUM.--[TEN] ELEVEN MEMBERS SHALL CONSTITUTE A QUORUM.
(I) MEETINGS.--MEETINGS SHALL BE CONDUCTED AS REQUIRED UNDER
65 PA.C.S. CH. 7 (RELATING TO OPEN MEETINGS) AS FOLLOWS:
(1) THE COUNCIL SHALL MEET AT LEAST ONCE EVERY SIX
MONTHS. MEETING DATES SHALL BE SET BY MAJORITY VOTE OF THE
COUNCIL MEMBERS OR BY THE CALL OF THE CHAIR ALONG WITH AT
LEAST SEVEN BUSINESS DAYS' NOTICE TO ALL MEMBERS.
(2) ALL MEETINGS OF THE COUNCIL SHALL BE PUBLICLY
ADVERTISED AND SHALL BE OPEN TO THE PUBLIC. MEMBERS OF THE
GENERAL PUBLIC SHALL BE GIVEN REASONABLE OPPORTUNITY TO
ADDRESS THE COUNCIL PRIOR TO A VOTE BY THE COUNCIL ON A
MOTION.
(3) THE COUNCIL SHALL PUBLISH A SCHEDULE OF ITS MEETINGS
IN THE PENNSYLVANIA BULLETIN AND IN AT LEAST ONE NEWSPAPER OF
GENERAL CIRCULATION. THE NOTICE SHALL BE PUBLISHED AT LEAST
FIVE BUSINESS DAYS IN ADVANCE OF EACH MEETING. THE NOTICE
SHALL SPECIFY THE DATE, TIME AND PLACE OF THE MEETING AND
SHALL STATE THAT THE MEETINGS OF THE COUNCIL ARE OPEN TO THE
GENERAL PUBLIC.
(4) COUNCIL MEMBERS MAY PARTICIPATE IN COUNCIL MEETINGS
IN PERSON, VIA TELEPHONE CONFERENCE, OR VIA VIDEO CONFERENCE.
COUNCIL MEMBERS MAY SUBMIT VOTES IN PERSON, TELEPHONICALLY BY
ELECTRONIC MAIL TO THE CHAIR OF THE COUNCIL. THE DEPARTMENT
MAY APPROVE SIMILAR METHODS OF COMMUNICATION FOR
PARTICIPATION AND VOTING BY COUNCIL MEMBERS.
(J) ADMINISTRATIVE SUPPORT.--THE DEPARTMENT SHALL PROVIDE A
FACILITY FOR COUNCIL MEETINGS UNDER THIS ACT, STENOGRAPHIC
SERVICES, SECRETARIAL SERVICES, LEGAL REPRESENTATION AND
REQUIRED NOTICE OF THE COUNCIL'S MEETINGS. THE DEPARTMENT [MAY]
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SHALL PROVIDE STAFF SUPPORT IN DRAFTING ANY REPORTS REQUIRED
UNDER THIS ACT.
(K) TECHNICAL SUPPORT.--THE COUNCIL MAY SOLICIT AND RETAIN,
WITH OR WITHOUT COMPENSATION, INDIVIDUALS WHO ARE QUALIFIED BY
TRAINING OR EXPERIENCE TO PROVIDE EXPERT INPUT TO THE COUNCIL
AND, AT THE DISCRETION OF THE COUNCIL, SUCH INDIVIDUALS MAY BE
COMPENSATED FOR THEIR SERVICES, REIMBURSED FOR REASONABLE TRAVEL
EXPENSES AT A RATE ESTABLISHED BY THE SECRETARY OR BOTH.
(L) COMPENSATION AND EXPENSES.--MEMBERS OF THE COUNCIL SHALL
NOT RECEIVE A SALARY OR PER DIEM ALLOWANCE FOR THEIR SERVICE[.}
BUT SHALL BE REIMBURSED IN AMOUNTS AND AS DETERMINED BY THE
DEPARTMENT FOR REASONABLE TRAVEL, LODGING AND OTHER NECESSARY
EXPENSES INCURRED IN PERFORMING THEIR DUTIES.
(M) TECHNICAL ADVISORY COMMITTEES.--
(1) THE COUNCIL SHALL ESTABLISH A PROCESS BY WHICH
TECHNICAL ADVISORY COMMITTEES WILL ASSIST THE COUNCIL IN THE
REVIEW OF THE UPDATED SECTIONS. THE TECHNICAL ADVISORY
COMMITTEE PROCESS SHALL COMPLY WITH THE FOLLOWING
REQUIREMENTS:
(I) THERE SHALL BE A TECHNICAL ADVISORY COMMITTEE
FOR EACH OF THE CODES INCLUDED IN THE UNIFORM
CONSTRUCTION CODE AND SPECIFIED IN 34 PA. CODE § 403.21,
AND SUCH OTHER TECHNICAL ADVISORY COMMITTEES AS THE
COUNCIL DEEMS NECESSARY TO FACILITATE ITS REVIEW.
PARTICIPATION IN THE TECHNICAL ADVISORY COMMITTEES MAY
NOT BE LIMITED TO MEMBERS OF THE COUNCIL AND SHALL BE
OPEN TO MEMBERS OF INDUSTRY AND TO THE GENERAL PUBLIC.
(II) EACH TECHNICAL ADVISORY COMMITTEE SHALL BE
LIMITED TO A TOTAL OF 20 MEMBERS. THE CHAIR OF THE
COUNCIL SHALL APPOINT A COUNCIL MEMBER TO CHAIR EACH
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TECHNICAL ADVISORY COMMITTEE. ANY OTHER COUNCIL MEMBER
MAY SEEK APPOINTMENT TO A TECHNICAL ADVISORY COMMITTEE
AND, IF NO MORE THAN TWO ADDITIONAL COUNCIL MEMBERS SEEK
APPOINTMENT TO A SPECIFIED TECHNICAL ADVISORY COMMITTEE,
THOSE COUNCIL MEMBERS SHALL ALSO BE APPOINTED TO THE
TECHNICAL ADVISORY COMMITTEE. IF MORE THAN TWO COUNCIL
MEMBERS SEEK APPOINTMENT TO A TECHNICAL ADVISORY
COMMITTEE, THE CHAIR OF THE COUNCIL SHALL APPOINT TWO OF
THE COUNCIL MEMBERS SEEKING APPOINTMENT TO SERVE AND THE
REMAINING COUNCIL MEMBERS SEEKING APPOINTMENT SHALL SERVE
ONLY IF ADDITIONAL POSITIONS ON THE TECHNICAL ADVISORY
COMMITTEE REMAIN AFTER SELECTION OF THE TECHNICAL
ADVISORY COMMITTEE MEMBERS PURSUANT TO SUBPARAGRAPH (V).
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO
THE CONTRARY, NO COUNCIL MEMBER MAY SERVE ON MORE THAN
THREE TECHNICAL ADVISORY COMMITTEES.
(III) THE DEPARTMENT SHALL PUBLISH A NOTICE SEEKING
PARTICIPATION IN THE TECHNICAL ADVISORY COMMITTEES IN THE
PENNSYLVANIA BULLETIN AND ON THE DEPARTMENT'S PUBLICLY
ACCESSIBLE INTERNET WEBSITE OR, IN THE ABSENCE OF AN
INTERNET WEBSITE, IN SUCH OTHER MANNER AS THE SECRETARY
DETERMINES WILL PROVIDE SUBSTANTIALLY SIMILAR PUBLIC
NOTICE.
(IV) INTERESTED PERSONS SHALL SUBMIT TO THE CHAIR OF
THE COUNCIL THE FOLLOWING INFORMATION WITHIN 30 DAYS
FOLLOWING THE PUBLICATION OF THE NOTICE:
(A) NAME;
(B) THE NAME OR SUBJECT MATTER AREA OF THE
TECHNICAL ADVISORY COMMITTEE TO WHICH THE INDIVIDUAL
SEEKS TO BE APPOINTED;
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(C) CONTACT INFORMATION;
(D) INDUSTRY SECTOR, INTEREST GROUP OR AREA OF
CONSTRUCTION INDUSTRY EXPERTISE, IF APPLICABLE; AND
(E) SUMMARY OF EXPERIENCE AND EXPERTISE.
(V) THE CHAIR OF THE COUNCIL SHALL SEEK TO ENSURE
DIVERSITY OF INTERESTS ON EACH TECHNICAL ADVISORY
COMMITTEE. AFTER APPOINTMENT OF UP TO TWO COUNCIL MEMBERS
TO A TECHNICAL ADVISORY COMMITTEE PURSUANT TO
SUBPARAGRAPH (II), TECHNICAL ADVISORY COMMITTEE MEMBERS
SHALL BE SELECTED BY THE CHAIR OF THE COUNCIL FROM AMONG
THE INTERESTED PERSONS IDENTIFIED IN SUBPARAGRAPH (IV) SO
AS TO ENSURE THAT TECHNICAL ADVISORY COMMITTEES REPRESENT
RELEVANT EXPERTISE AS WELL AS DIFFERING VIEWPOINTS,
INDUSTRIES, PROFESSIONS AND OTHER INTERESTS.
(VI) MEETINGS OF THE TECHNICAL ADVISORY COMMITTEES
MAY BE IN PERSON, VIA TELEPHONE CONFERENCE OR VIA VIDEO
CONFERENCE. THE DEPARTMENT MAY APPROVE SIMILAR METHODS OF
COMMUNICATION FOR PARTICIPATION AND VOTING BY TECHNICAL
ADVISORY COMMITTEE MEMBERS.
(VII) TECHNICAL ADVISORY COMMITTEE MEMBERS MAY
SUBMIT VOTES IN PERSON, TELEPHONICALLY OR BY ELECTRONIC
MAIL TO THE CHAIR OF THE TECHNICAL ADVISORY COMMITTEE.
DECISIONS OF A TECHNICAL ADVISORY COMMITTEE SHALL BE BY
MAJORITY OF THE VOTES RECEIVED.
SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 108. REVIEW OF UPDATED SECTIONS AND ADOPTION OF
UPDATED SECTIONS INTO UNIFORM CONSTRUCTION CODE.
(A) CODE REVIEW PROCESS.--
(1) (I) EXCEPT AS SPECIFICALLY PROVIDED IN THIS ACT
WITH RESPECT:
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(A) TO THE 2015 CHANGES TO THE UNIFORM
CONSTRUCTION CODE ADOPTED BY THE COUNCIL; AND
(B) THE PROCEDURE OUTLINED IN SUBPARAGRAPH
(III),
THE COUNCIL SHALL COMMENCE ITS REVIEW OF THE UPDATED
SECTIONS 21 MONTHS FOLLOWING THE PUBLICATION OF A NEW
EDITION OF THE ICC CODES IN ACCORDANCE WITH PARAGRAPH
(3). NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT TO
THE CONTRARY, THE COUNCIL SHALL INITIATE A NEW REVIEW OF
THE UPDATED SECTIONS CONTAINED IN THE 2015 EDITION OF THE
ICC CODES WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF
THIS SECTION, AND THIS REVIEW SHALL BE REFERRED TO AS THE
2015 CODE REVIEW. THE DECISIONS BY THE COUNCIL WITH
RESPECT TO THE 2015 EDITION OF THE ICC CODES PREVIOUSLY
PROVIDED TO THE DEPARTMENT ON MAY 29, 2015, AND THE
REGULATIONS PROMULGATED BY THE DEPARTMENT AS A RESULT,
SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL JUNE 1, 2018.
AS OF JUNE 1, 2018, THE DECISIONS OF THE COUNCIL AS A
RESULT OF THE 2015 CODE REVIEW AND THE REGULATIONS
PROMULGATED BY THE DEPARTMENT AS A RESULT, SHALL
SUPERSEDE ANY PREVIOUS INCONSISTENT COUNCIL DECISIONS OR
DEPARTMENTAL REGULATIONS.
(II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH
(I), THE COUNCIL MAY RELY ON ANY TECHNICAL ANALYSIS OF
THE 2015 EDITION OF THE CODES PERFORMED BY THE TECHNICAL
ADVISORY COMMITTEES DURING THE COUNCIL'S ORIGINAL REVIEW.
(III) THE COUNCIL SHALL ALSO REVIEW, IN ACCORDANCE
WITH THE PROCEDURES OUTLINED IN THIS ACT, ANY SECTION OF
THE CODES THAT DO NOT OTHERWISE CONSTITUTE UPDATED
SECTIONS BUT ONLY IF TWO-THIRDS OF THE COUNCIL SO
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DETERMINE. THE SECTIONS SELECTED FOR REVIEW SHALL BE
REFERRED TO AS "ADDITIONAL SECTIONS." THE ADDITIONAL
SECTIONS SHALL BE TREATED FOR PURPOSES OF REVIEW AND
APPROVAL OR DISAPPROVAL BY THE COUNCIL AS UPDATED
SECTIONS. THE SELECTION OF ADDITIONAL SECTIONS SHALL
OCCUR DURING TWO MEETINGS OF THE COUNCIL, THE FIRST TO
OCCUR BETWEEN 14 AND 16 MONTHS FOLLOWING PUBLICATION OF A
NEW EDITION OF THE ICC CODES AND THE LAST TO OCCUR NO
LATER THAN 18 TO 21 MONTHS FOLLOWING PUBLICATION OF A NEW
EDITION OF THE ICC CODES.
(IV) NOTWITHSTANDING ANY OTHER PROVISION OF THIS
PARAGRAPH, THE SELECTION OF ADDITIONAL SECTIONS WITH
RESPECT TO THE 2015 CODE REVIEW SHALL BE MADE IN A
MEETING OR MEETINGS, THE NUMBER OF MEETINGS TO BE
DETERMINED BY THE CHAIR OF THE COUNCIL, TO BE HELD 30 TO
90 DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.
(2) EACH UPDATED SECTION SUBJECT TO REVIEW UNDER
PARAGRAPH (3)(V) SHALL BE EXAMINED APPLYING ALL OF THE
FOLLOWING CRITERIA:
(I) THE IMPACT THAT THE SECTION MAY HAVE UPON THE
HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
(II) THE ECONOMIC AND FINANCIAL IMPACT AND LIFE
CYCLE COST OF THE SECTION.
(III) THE TECHNICAL FEASIBILITY OF THE SECTION.
(3) THE COUNCIL SHALL REVIEW THE UPDATED SECTIONS AS
FOLLOWS:
(I) A 120-DAY PERIOD TO RECEIVE COMMENTS FROM
COUNCIL MEMBERS AND THE GENERAL PUBLIC REGARDING THE
UPDATED SECTIONS SHALL COMMENCE 30 DAYS FOLLOWING THE
START OF THE COUNCIL'S REVIEW PURSUANT TO PARAGRAPH (1).
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THE PUBLIC COMMENT PERIOD SHALL BE ANNOUNCED IN THE
PENNSYLVANIA BULLETIN AND ON THE DEPARTMENT'S PUBLICLY
ACCESSIBLE INTERNET WEBSITE OR, IN THE ABSENCE OF AN
INTERNET WEBSITE, IN SUCH OTHER MANNER AS THE SECRETARY
DETERMINES WILL PROVIDE SUBSTANTIALLY SIMILAR PUBLIC
NOTICE.
(II) ALL PUBLIC COMMENTS SHALL BE SUBMITTED ON A
FORM CREATED BY THE COUNCIL. EACH COMMENT SHALL RELATE TO
A SINGLE UPDATED SECTION. THE COMMENT SHALL, AT A
MINIMUM, SPECIFY THE UPDATED SECTION TO WHICH THE COMMENT
RELATES, STATE WHETHER THE UPDATED SECTION SHOULD BE
ADOPTED, REJECTED OR MODIFIED, AND SPECIFY ANY OTHER
UPDATED SECTIONS OR EXISTING SECTIONS THAT MUST BE
ADOPTED, REJECTED OR MODIFIED TO IMPLEMENT THE RECOMMEND
ACTION AND THE RATIONALE FOR THE RECOMMENDED ACTION BASED
ON THE CRITERIA SET FORTH IN PARAGRAPH (2). ANY
MODIFICATION MUST MEET OR EXCEED THE STANDARDS OF THE
SECTION IN EFFECT OR CURRENTLY BEING REVIEWED.
(III) ALL PUBLIC COMMENTS SUBMITTED IN ACCORDANCE
WITH SUBPARAGRAPH (II) SHALL BE PROVIDED TO ALL COUNCIL
MEMBERS, POSTED ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE
INTERNET WEBSITE OR, IN THE ABSENCE OF AN INTERNET
WEBSITE, IN SUCH OTHER MANNER AS THE SECRETARY DETERMINES
WILL PROVIDE SUBSTANTIALLY SIMILAR PUBLIC NOTICE. ALL
PUBLIC COMMENTS SUBMITTED IN ACCORDANCE WITH SUBPARAGRAPH
(II) SHALL BE REVIEWED INDIVIDUALLY BY A TECHNICAL
ADVISORY COMMITTEE.
(IV) AFTER THE EXPIRATION OF THE PUBLIC COMMENT
PERIOD, THE CHAIR SHALL ASSIGN EACH UPDATED SECTION,
REGARDLESS OF WHETHER A PUBLIC COMMENT HAS BEEN RECEIVED,
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TO THE TECHNICAL ADVISORY COMMITTEE FOR THE CODE THAT
CONTAINS THE UPDATED SECTION.
(V) THE TECHNICAL ADVISORY COMMITTEE SHALL REVIEW
ALL OF THE UPDATED SECTIONS IT HAS BEEN ASSIGNED AS
PROVIDED IN THIS SECTION. THE TECHNICAL ADVISORY
COMMITTEE MAY ALSO REVIEW ANY RELATED UPDATED SECTION OR
EXISTING SECTION AS NEEDED TO ENSURE CONSISTENCY OF THE
CODES. EVEN IF AN UPDATED SECTION HAS NOT RECEIVED A
PUBLIC COMMENT IN ACCORDANCE WITH SUBPARAGRAPH (II), A
TECHNICAL ADVISORY COMMITTEE MEMBER MAY SELECT ONE OR
MORE OF THE UPDATED SECTIONS ASSIGNED TO THE TECHNICAL
ADVISORY COMMITTEE FOR INDIVIDUAL CONSIDERATION BY THE
COUNCIL PURSUANT TO SUBPARAGRAPH (IX)(B).
(VI) FOR EACH UPDATED SECTION THAT:
(A) RECEIVES A COMMENT IN ACCORDANCE WITH
SUBPARAGRAPH (II); OR
(B) A MEMBER OF THE TECHNICAL ADVISORY COMMITTEE
TO WHICH IT HAS BEEN ASSIGNED HAS SEPARATELY SELECTED
FOR INDIVIDUAL REVIEW BY THE COUNCIL;
THE TECHNICAL ADVISORY COMMITTEE SHALL SUBMIT TO THE
CHAIR OF THE COUNCIL A RECOMMENDATION THAT THE SECTION BE
ADOPTED, REJECTED OR MODIFIED. THE TECHNICAL ADVISORY
COMMITTEE SHALL SUBMIT THE RATIONALE FOR ITS
RECOMMENDATIONS AND A LIST OF ANY DATA OR DOCUMENTS
RELIED UPON IN MAKING ITS RECOMMENDATION. NOTWITHSTANDING
ANY OTHER PROVISION OF THIS SUBPARAGRAPH, UPDATED
SECTIONS THAT DO NOT RECEIVE A COMMENT IN ACCORDANCE WITH
SUBPARAGRAPH (II) AND THAT A MEMBER OF THE TECHNICAL
ADVISORY COMMITTEE HAS NOT SEPARATELY SELECTED FOR
INDIVIDUAL REVIEW BY THE COUNCIL SHALL BE NOTED IN THE
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REPORT AS UNOPPOSED AND NO RECOMMENDATION , RATIONALE,
DATA OR DOCUMENTS SHALL BE REQUIRED.
(VII) THE TECHNICAL ADVISORY COMMITTEE'S
RECOMMENDATIONS SHALL BE POSTED ON THE DEPARTMENT'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE OR, IN THE ABSENCE
OF AN INTERNET WEBSITE, IN SUCH OTHER MANNER AS THE
SECRETARY DETERMINES WILL PROVIDE SUBSTANTIALLY SIMILAR
PUBLIC NOTICE. THE TECHNICAL ADVISORY COMMITTEE'S
RECOMMENDATIONS SHALL BE POSTED AT LEAST 10 BUSINESS DAYS
PRIOR TO HOLDING THE FIRST HEARING PURSUANT TO THIS
SECTION.
(VIII) WITHIN 30 DAYS OF THE SOONER OF:
(A) EXPIRATION OF THE PERIOD FOR TECHNICAL
ADVISORY COMMITTEE REVIEW; OR
(B) SUBMISSION OF ALL RECOMMENDATIONS OF THE
TECHNICAL ADVISORY COMMITTEES;
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.
(IX) UPON COMPLETION OF THE HEARINGS, THE COUNCIL
SHALL HOLD ONE OR MORE OFFICIAL MEETINGS OF THE COUNCIL
TO DECIDE WHETHER TO ADOPT, REJECT OR MODIFY THE UPDATED
SECTIONS. THE FOLLOWING SHALL APPLY:
(A) THE COUNCIL SHALL VOTE ON THE UNOPPOSED
SECTIONS AS A GROUP. A TWO-THIRDS MAJORITY OF THE
COUNCIL IS REQUIRED TO REJECT THE UNOPPOSED SECTIONS.
BY A TWO-THIRDS MAJORITY VOTE OF THE COUNCIL, THE
COUNCIL MAY EXCLUDE INDIVIDUAL UNOPPOSED SECTIONS
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FROM THE GROUP. ALL UNOPPOSED SECTIONS THAT ARE
REJECTED AS A GROUP OR SUCCESSFULLY EXCLUDED FROM THE
GROUP SHALL BE SUBJECT TO THE PROCEDURE SPECIFIED IN
CLAUSE (B). FOR EACH UNOPPOSED SECTION THAT THE
COUNCIL SUBJECTS TO THE PROCEDURE SPECIFIED IN CLAUSE
(B), THE COUNCIL SHALL PROVIDE, IN WRITING, THE
RATIONALE FOR ITS DECISION AND A LIST OF THE DATA AND
DOCUMENTS RELIED UPON IN MAKING ITS DECISION.
(B) EXCEPT FOR THE UNOPPOSED SECTIONS, A TWO-
THIRDS MAJORITY OF THE COUNCIL MEMBERS IS REQUIRED
FOR ADOPTION OR MODIFICATION OF THE UPDATED SECTIONS.
THE COUNCIL MAY VOTE ON THE UPDATED SECTIONS
INDIVIDUALLY OR IN GROUPS. IF THE COUNCIL'S DECISION
ON AN UPDATED SECTION DIFFERS FROM THE RECOMMENDATION
OF THE TECHNICAL ADVISORY COMMITTEE, THE COUNCIL
SHALL PROVIDE, IN WRITING, THE RATIONALE FOR ITS
DECISION AND THE DATA AND DOCUMENTS RELIED UPON IN
MAKING ITS DECISION.
(B) SUBMISSION OF REPORT.--WITH THE EXCEPTION OF THE
COUNCIL'S REVIEW OF THE 2015 ICC CODES, THE COUNCIL SHALL SUBMIT
A REPORT TO THE SECRETARY WITHIN THE 24-MONTH PERIOD FOLLOWING
THE COMMENCEMENT OF THE REVIEW PROCESS BY THE COUNCIL WITH
SECTIONS OF THE CODES THAT ARE SPECIFIED FOR ADOPTION OR
MODIFICATION. THE SECTIONS OF THE CODES THAT ARE SPECIFIED FOR
ADOPTION OR MODIFICATION SHALL BE SEPARATELY DESIGNATED IN THE
REPORT. FOR THE COUNCIL'S REVIEW OF THE 2015 ICC CODES ONLY, THE
COUNCIL SHALL SUBMIT A REPORT TO THE SECRETARY ON OR BEFORE
DECEMBER 31, 2017.
SECTION 4. SECTION 304 OF THE ACT, AMENDED APRIL 25, 2011
(P.L.1, NO.1), IS AMENDED TO READ:
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SECTION 304. REVISED OR SUCCESSOR CODES.
(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] NINE
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] COUNCIL'S DECISIONS CONTAINED IN THE REPORT
WITHOUT CHANGE. REGULATIONS ADOPTED UNDER THIS ACT SHALL
BECOME EFFECTIVE 33 MONTHS AFTER THE COMMENCEMENT OF COUNCIL
REVIEW AS PROVIDED FOR IN SECTION 108(A)(1)(I) PROVIDED,
HOWEVER, THAT THE REGULATIONS PROMULGATED BY THE DEPARTMENT
AS A RESULT OF THE 2015 CODE REVIEW SHALL BE EFFECTIVE JUNE
1, 2018.
(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] 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.] AND ANY OTHER ACCESSIBILITY REQUIREMENTS WHICH
SHALL BE SPECIFIED IN THE REGULATIONS, OR CONTAINED IN OR
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REFERENCED BY THE UNIFORM CONSTRUCTION CODE RELATING TO
PERSONS WITH DISABILITIES. IF REGULATIONS ARE REQUIRED TO BE
PROMULGATED UNDER PARAGRAPH (1), THE DEPARTMENT SHALL
PROMULGATE REGULATIONS UNDER THIS PARAGRAPH WITH THE SAME
EFFECTIVE DATE AS REGULATIONS PROMULGATED UNDER PARAGRAPH
(1). IF REGULATIONS ARE NOT REQUIRED TO BE PROMULGATED UNDER
PARAGRAPH (1), THE DEPARTMENT SHALL PROMULGATE REGULATIONS
UNDER THIS PARAGRAPH WITHIN 33 MONTHS AFTER THE OFFICIAL
PUBLICATION OF THE UPDATED SECTIONS.
(4) THE DEPARTMENT MAY ENTER INTO A CONTRACT WITH THE
ICC TO DEVELOP AND PUBLISH DOCUMENTATION OF THE EXISTING
SECTIONS. THE DEPARTMENT SHALL REQUIRE IN ANY CONTRACT UNDER
THIS PARAGRAPH THAT THE DOCUMENTATION BE MADE AVAILABLE ON
THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.
(A.1) CONTINUITY.--IF A TRIENNIAL REVISION IS NOT ADOPTED OR
MODIFIED UNDER SECTION 107(B.1)(5), THE RELEVANT PROVISIONS OF
[THE PRIOR VERSION OF] THE CODES SHALL REMAIN IN EFFECT.
(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.
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(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.
SECTION 5. SECTION 501(C) OF THE ACT, AMENDED NOVEMBER 29,
2006 (P.L.1440, NO.157) AND OCTOBER 24, 2012 (P.L.1433, NO.179),
IS AMENDED TO READ:
SECTION 501. ADMINISTRATION AND ENFORCEMENT.
* * *
(C) BOARD OF APPEALS.--
(1) A MUNICIPALITY WHICH HAS ADOPTED AN ORDINANCE FOR
THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT OR
MUNICIPALITIES WHICH ARE PARTIES TO AN AGREEMENT FOR THE
JOINT ADMINISTRATION AND ENFORCEMENT OF THIS ACT SHALL
ESTABLISH OR DESIGNATE A BOARD OF APPEALS AS PROVIDED BY
[CHAPTER 1 OF THE 1999 BOCA NATIONAL BUILDING CODE,
FOURTEENTH EDITION,] THE REGULATION OF THE DEPARTMENT TO HEAR
APPEALS FROM DECISIONS OF THE CODE ADMINISTRATOR. MEMBERS OF
THE MUNICIPALITY'S GOVERNING BODY MAY NOT SERVE AS MEMBERS OF
THE BOARD OF APPEALS. A MUNICIPALITY MAY ESTABLISH A BOARD OF
APPEALS OR MAY ESTABLISH OR DESIGNATE A JOINT BOARD OF
APPEALS IN ACCORDANCE WITH 53 PA.C.S. CH. 23 SUBCH. A
(RELATING TO INTERGOVERNMENTAL COOPERATION).
(2) AN APPLICATION FOR APPEAL SHALL BE BASED ON A CLAIM
THAT THE TRUE INTENT OF THIS ACT OR REGULATIONS LEGALLY
ADOPTED UNDER THIS ACT HAVE BEEN INCORRECTLY INTERPRETED, THE
PROVISIONS OF THIS ACT DO NOT FULLY APPLY OR AN EQUIVALENT
FORM OF CONSTRUCTION IS TO BE USED.
(3) WHEN A MUNICIPALITY CANNOT FIND PERSONS TO SERVE ON
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A BOARD OF APPEALS WHO MEET THE MINIMUM QUALIFICATIONS [OF
CHAPTER 1 OF THE BOCA NATIONAL BUILDING CODE] ESTABLISHED BY
THE DEPARTMENT, THE MUNICIPALITY MAY FILL A POSITION ON THE
BOARD WITH A QUALIFIED PERSON WHO RESIDES OUTSIDE OF THE
MUNICIPALITY.
(4) THE FEE FOR AN APPEAL TO THE BOARD OF APPEALS FOR A
MUNICIPALITY THAT IS ADMINISTERING AND ENFORCING THIS ACT
SHALL NOT EXCEED ACTUAL COSTS OF THE PUBLIC NOTICE OF THE
HEARING, APPEARANCE FEE FOR THE COURT REPORTER AND
ADMINISTRATIVE FEES AS NECESSARY.
(5) IN THE CASE OF AN APPEAL OR REQUEST FOR VARIANCE OR
EXTENSION OF TIME INVOLVING THE CONSTRUCTION OF A ONE-FAMILY
OR TWO-FAMILY RESIDENTIAL BUILDING, THE BOARD OF APPEALS
SHALL CONVENE A HEARING WITHIN 30 DAYS OF THE APPEAL. THE
BOARD OF APPEALS SHALL RENDER A WRITTEN DECISION TO THE
PARTIES WITHIN FIVE BUSINESS DAYS, OR WITHIN TEN BUSINESS
DAYS IN CITIES OF THE FIRST CLASS, OF THE LAST HEARING. IF
THE BOARD OF APPEALS FAILS TO ACT WITHIN THE TIME PERIOD
UNDER THIS PARAGRAPH, THE APPEAL SHALL BE DEEMED GRANTED.
* * *
SECTION 6. SECTION 703 OF THE ACT, AMENDED NOVEMBER 29, 2006
(P.L.1440, NO.157), IS AMENDED TO READ:
SECTION 703. EDUCATION AND TRAINING PROGRAMS.
(A) FEE.--MUNICIPALITIES ADMINISTERING AND ENFORCING THIS
ACT UNDER SECTION 501(A) AND THIRD-PARTY AGENCIES PROVIDING
SERVICES UNDER SECTION 501(E) SHALL ASSESS A FEE OF [$4] $5 ON
EACH CONSTRUCTION OR BUILDING PERMIT ISSUED UNDER THE AUTHORITY
OF THIS ACT. THE FEE SHALL BE IN ADDITION TO ANY OTHER FEE
IMPOSED FOR THE PERMIT.
(B) [TRAINING ACCOUNTS] ACCOUNTS.--THERE [IS] ARE HEREBY
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ESTABLISHED WITHIN THE STATE TREASURY [TWO] THREE RESTRICTED
ACCOUNTS WHICH SHALL BE KNOWN AS THE MUNICIPAL CODE OFFICIAL
TRAINING ACCOUNT, THE REVIEW AND ADVISORY COUNCIL ADMINISTRATION
ACCOUNT AND THE CONSTRUCTION CONTRACTOR TRAINING ACCOUNT.
(C) DEPOSIT.--[MONEYS]
(1) THE FEE COLLECTED AS AUTHORIZED UNDER SUBSECTION (A)
SHALL BE TRANSMITTED QUARTERLY TO THE STATE TREASURY AND
SHALL BE EQUALLY DIVIDED AND DEPOSITED IN THE ACCOUNTS
ESTABLISHED IN SUBSECTION (B)[.] AS FOLLOWS:
(I) TWO DOLLARS OF THE FEE SHALL BE DEPOSITED IN THE
MUNICIPAL CODE OFFICIAL TRAINING ACCOUNT.
(II) TWO DOLLARS OF THE FEE SHALL BE DEPOSITED IN
THE CONSTRUCTION CONTRACTOR TRAINING ACCOUNT.
(III) ONE DOLLAR OF THE FEE SHALL BE DEPOSITED IN
THE REVIEW AND ADVISORY COUNCIL ADMINISTRATION ACCOUNT.
(2) [MONEYS SO] MONEY DEPOSITED [ARE] UNDER PARAGRAPH
(1)(I) AND (II) IS HEREBY EQUALLY APPROPRIATED ON APPROVAL OF
THE GOVERNOR TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT FOR THE PURPOSE OF EDUCATION AND TRAINING
PROGRAMS PROVIDED BY THE PENNSYLVANIA CONSTRUCTION CODES
ACADEMY FOR MUNICIPAL CODE OFFICIALS AND INDIVIDUALS EMPLOYED
BY THIRD-PARTY AGENCIES UNDER CONTRACT TO A MUNICIPALITY AND
TO A PENNSYLVANIA-BASED HOUSING RESEARCH CENTER LOCATED AT A
LAND GRANT UNIVERSITY FOR THE CONSTRUCTION INDUSTRY. TO
ASSURE THE PROGRAMS MEET THE NEEDS OF THE CONSTRUCTION
INDUSTRY, THE EDUCATION, TRAINING AND OTHER ACTIVITIES
PROVIDED BY SUCH A HOUSING RESEARCH CENTER SHALL BE APPROVED
BY ITS INDUSTRY ADVISORY COMMITTEE.
(3) MONEY DEPOSITED UNDER PARAGRAPH (1)(III) SHALL BE
TRANSMITTED QUARTERLY TO THE DEPARTMENT OF LABOR AND INDUSTRY
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FOR EXPENSES OF THE COUNCIL AS AUTHORIZED IN SECTION 107(L),
FOR TECHNICAL ASSISTANCE AS PROVIDED FOR IN SECTION 107(K),
ADMINISTRATIVE ASSISTANCE AS PROVIDED FOR IN SECTION 107(J),
FEES ASSOCIATED WITH DEVELOPING AND PUBLISHING DOCUMENTATION
OF THE EXISTING SECTIONS AS PROVIDED FOR IN SECTION 304(A)(4)
AND AS OTHERWISE DETERMINED NECESSARY BY THE COUNCIL AS MONEY
IS AVAILABLE.
SECTION 7. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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