SENATE AMENDED
PRIOR PRINTER'S NOS. 139, 1818
PRINTER'S NO. 2222
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
176
Session of
2017
INTRODUCED BY PICKETT, BAKER, BARRAR, V. BROWN, CAUSER,
D. COSTA, COX, DeLUCA, FEE, GABLER, GODSHALL, A. HARRIS,
HEFFLEY, PHILLIPS-HILL, JAMES, LAWRENCE, MILLARD, MURT, WARD,
WHEELAND, ZIMMERMAN, GILLEN AND KORTZ, JANUARY 23, 2017
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JULY 9, 2017
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 preliminary provisions,
further providing for definitions and for application.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 103 of the act of November 10, 1999
(P.L.491, No.45), known as the Pennsylvania Construction Code
Act, is amended by adding definitions to read:
SECTION 1. THE DEFINITION OF "AGRICULTURAL BUILDING" 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:
* * *
"AGRICULTURAL BUILDING." A STRUCTURE UTILIZED TO STORE FARM
IMPLEMENTS, HAY, FEED, GRAIN OR OTHER AGRICULTURAL OR
HORTICULTURAL PRODUCTS OR TO HOUSE POULTRY, LIVESTOCK OR OTHER
FARM ANIMALS, A MILK HOUSE AND A STRUCTURE USED TO GROW
MUSHROOMS, AGRICULTURAL OR HORTICULTURAL PRODUCTS. THE TERM
INCLUDES A CARRIAGE HOUSE OWNED AND USED BY MEMBERS OF A
RECOGNIZED RELIGIOUS SECT FOR THE PURPOSES OF HOUSING HORSES AND
STORING BUGGIES. THE TERM INCLUDES A STRUCTURE THAT IS LESS THAN
1,000 SQUARE FEET IN SIZE WHICH IS UTILIZED TO PROCESS MAPLE
SAP. THE TERM SHALL NOT INCLUDE HABITABLE SPACE OR SPACES IN
WHICH AGRICULTURAL PRODUCTS ARE PROCESSED, TREATED OR PACKAGED
AND SHALL NOT BE CONSTRUED TO MEAN A PLACE OF OCCUPANCY BY THE
GENERAL PUBLIC.
"Agricultural commodity." Any of the following, transported
or intended to be transported in commerce:
(1) Agricultural, aquacultural, horticultural,
floricultural, viticultural or dairy products.
(2) Livestock and the products of livestock.
(3) Ranch-raised fur-bearing animals and the products of
ranch-raised fur-bearing animals.
(4) The products of poultry or bee raising.
(5) Forestry and forestry products.
(6) Products raised or produced on farms intended for
human consumption and the processed or manufactured products
of such products intended for human consumption.
* * *
"Producer." A person engaged within this Commonwealth or a
production area within this Commonwealth in the business of
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producing agricultural commodities or causing agricultural
commodities to be produced.
* * *
Section 2. Section 104(b) of the act is amended to read:
Section 104. Application.
* * *
(b) Exclusions.--This act shall not apply to any of the
following:
(1) [new] New buildings or renovations to existing
buildings for which an application for a building permit has
been made to the municipality prior to the effective date of
the regulations promulgated under this act[;].
(2) [new] New buildings or renovations to existing
buildings on which a contract for design or construction has
been signed prior to the effective date of the regulations
promulgated under this act on projects requiring department
approval[;].
(3) [utility] Utility and miscellaneous use structures
that are accessory to detached one-family dwellings[;].
(4) [any] Any agricultural building[;].
(5) [alterations] Alterations to residential buildings
which do not make structural changes or changes to means of
egress, except as might be required by ordinances in effect
pursuant to section 303(b)(1) or adopted pursuant to section
503. For purposes of this paragraph, a structural change does
not include a minor framing change needed to replace existing
windows or doors[;].
(6) [repairs] Repairs to residential buildings, except
as might be required by ordinances in effect pursuant to
section 303(b)(1) or adopted pursuant to section 503[;].
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(6.1) [the] The installation of aluminum siding or vinyl
siding onto an existing residential or an existing commercial
building, except as might be required by ordinances in effect
pursuant to section 301 or adopted pursuant to section
503[;].
(7) [any] Any recreational cabin if:
(i) the cabin is equipped with at least one smoke
detector, one fire extinguisher and one carbon monoxide
detector in both the kitchen and sleeping quarters;
(ii) the owner of the cabin files with the
municipality either:
(A) an affidavit on a form prescribed by the
department attesting to the fact that the cabin meets
the definition of a "recreational cabin" in section
103; or
(B) a valid proof of insurance for the
recreational cabin, written and issued by an insurer
authorized to do business in this Commonwealth,
stating that the structure meets the definition of a
"recreational cabin" as defined in section 103[;
and].
(8) [temporary] Temporary structures which are:
(i) Erected for the purpose of participation in a
fair, flea market, arts and crafts festival or other
public celebration.
(ii) Less than 1,600 square feet in size.
(iii) Erected for a period of less than 30 days.
(iv) Not a swimming pool, spa or hot tub.
(v) Subject to section 503(a)(2).
(9) No more than one structure per parcel of land which
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meets all of the following requirements:
(i) The structure is used for the direct, seasonal
sale of agricultural commodities .
(ii) The structure is open on at least 25% of the
perimeter of the structure when in operation .
(iii) The structure is operated by a producer whose
products make up not less than 50% of the agricultural
commodities being sold.
(iv) If not located on the producer's property, the
structure is erected for less than 180 days of a calendar
year .
(v) The structure has an area of not more than 1,000
square feet.
(10) STRUCTURES USED TO LOAD, UNLOAD OR SORT LIVESTOCK
AT LIVESTOCK AUCTION FACILITIES.
* * *
Section 3. This act shall take effect in 60 days
IMMEDIATELY.
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