Regular Session 2017-2018 House Bill 1380 P.N. 1742

PRINTER'S NO. 1742

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1380

Session of

2017

INTRODUCED BY HARKINS, SCHWEYER, McNEILL, MENTZER, D. COSTA,

PASHINSKI AND W. KELLER, MAY 18, 2017

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MAY 18, 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 Uniform

Construction Code Review and Advisory Council; and, in

Uniform Construction Code, further providing for revised or

successor codes.

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 a definition 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

context clearly indicates otherwise:

* * *

"Commercial building." A building, structure or facility

that is not a residential building.

* * *

Section 2. Section 107(b)(3) and (b.1) of the act are

amended and the section is amended by adding a subsection to

read:

Section 107. Uniform Construction Code Review and Advisory

Council.

* * *

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

* * *

(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

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, as provided

under [subsection] subsections (b.1) and (b.2).

(b.1) [Code] Residential construction code review process.--

(1) Beginning with the 2012 ICC codes, the council shall

review the latest triennial code revisions for residential

buildings 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

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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

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).

(b.2) Commercial construction code review process.--

(1) Within 90 days of the effective date of this

subsection, the council shall review the triennial code

revisions for the 2012 ICC codes for commercial buildings and

advise the department in writing of any provisions the

council recommends to be excluded from the Uniform

Construction Code, as well as the criteria used for the

recommendation under paragraph (5).

(2) Beginning with the 2015 ICC codes, the council shall

review the latest triennial code revisions for commercial

buildings upon official publication of the codes.

(3) During the review process, the council shall solicit

public input and may hold public hearings.

(4) The council shall advise the department in writing

by September 1 of the year of issuance of any provisions of

the triennial code revisions for commercial buildings that

the council recommends to be excluded from the Uniform

Construction Code, as well as the criteria used for the

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recommendation under paragraph (5), or that the council does

not recommend the exclusion of any provision of the triennial

code revisions for commercial buildings.

(5) The council may recommend that a new or amended

provision contained in a triennial code is not, in the

opinion of the council, consistent with the intent and

purpose of this act or is otherwise inappropriate for

inclusion in the Uniform Construction Code. In making a

recommendation, the council shall examine all 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

provision.

(iii) The technical feasibility of the provision.

* * *

Section 3. Section 304(a) of the act is amended to read:

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 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

for residential buildings made in the report without change.

(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

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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

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.

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

(5), (6) and (7), (c) and (d) and 302, 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 ICC triennial code revisions for commercial

buildings within three months of the receipt of the written

recommendation by the council under section 107(b.2) or by

December 31 of the year of issuance of the new code. If the

council's written recommendation advises the department to

exclude one or more provisions, the department's regulation

may exclude any or all of the provisions recommended to be

omitted by the council.

* * *

Section 4. With regard to the 2012 codes, where commercial

construction plans have been designed by a licensed architect or

licensed professional engineer under a contract in effect prior

to the effective date of this section, a construction permit may

be issued under the prior code and the construction of any

building or structure may be completed in accordance with the

permit. The authority to issue permits under the prior code

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shall expire within one year of the effective date of this

section.

Section 5. This act shall take effect immediately.

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