PRINTER'S NO. 256
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
269
Session of
2017
INTRODUCED BY BAKER AND RAFFERTY, JANUARY 31, 2017
REFERRED TO LABOR AND INDUSTRY, JANUARY 31, 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 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; in training and
certification of inspectors, further providing for education
and training programs; and, in exemptions, applicability and
penalties, further providing for applicability to certain
buildings.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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.
* * *
"Collective codes." The term includes:
(1) Provisions 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 collective 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 recommending
modification or rejection 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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editions 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 editions of the ICC codes. Each
updated section shall be referenced by the section number
assigned to the section by the ICC codes.
* * *
Section 2. Section 107 of the act 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.
(3) With the exception of the accessibility provisions
of [Chapter 11 and Appendix E of the International Building
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Code of 2009, or its successor] the most recently published
editions of ICC 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 collective 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 appointed by the Governor:
(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 code officials.
(6) A Uniform Construction Code-certified building code
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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
ability and experience in the design and construction of
buildings.
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(14) An elected 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 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 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.] be comprised of members
selected as follows:
(1) One member, appointed by the President pro tempore
of the Senate, who must be a general contractor from an
association representing the residential construction
industry and have a recognized ability and experience in the
construction of new residential dwellings.
(2) One member, appointed by the Minority Leader of the
Senate, who must be a second or third class city official and
have recognized ability and experience in the construction of
buildings.
(3) One member, appointed by the Speaker of the House of
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Representatives, who must be a general contractor from an
association representing the nonresidential construction
industry and have recognized ability and experience in the
construction of nonresidential buildings.
(4) One member, appointed by the Minority Leader of the
House of Representatives, who must have recognized ability
and experience in construction trades so as to represent
employees in the industry.
(5) Seventeen members appointed by the Governor to
include the following:
(i) One member who must be a Uniform Construction
Code-certified residential building inspector, possess
all five residential certifications from an association
representing building code official and have experience
administering and enforcing residential codes.
(ii) One member who must be a Uniform Construction
Code-certified building inspector, possess all
nonresidential inspection certifications or a certified
plans examiner, hold an accessibility certification from
an association representing building code officials and
have experience administering and enforcing
nonresidential codes. The code-certified building
inspector need not possess a fire inspector
certification.
(iii) One member who must be a Uniform Construction
Code-certified fire inspector from an association
representing fire code officials.
(iv) One member who must be a Uniform Construction
Code-certified building code official from an association
representing building code officials with building code
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official certification.
(v) One member who must be residential contractor
from an association representing contractors engaged in
remodeling residential buildings and have recognized
ability and experience in remodeling residential and
nonresidential buildings.
(vi) One member who must be a licensed architect
from an association representing architects and have
recognized ability and experience in the design and
construction of nonresidential buildings.
(vii) One member who must be a licensed architect
from an association representing architects and have
recognized ability and experience in the design and
construction of residential buildings.
(viii) One member who must be a licensed structural
engineer from an association representing professional
engineers and have recognized ability and experience in
the design and construction of buildings.
(ix) One member who must be a licensed mechanical
engineer specializing in HVAC systems from an association
representing professional engineers and have recognized
ability and experience in the design and construction of
buildings.
(x) One member who must be a licensed mechanical
engineer specializing in plumbing and fire protection
from an association representing professional engineers
and have recognized ability and experience in the design
and construction of buildings.
(xi) One member who must be a licensed electrical
engineer from an association representing professional
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engineers and have recognized ability and experience in
the design and construction of buildings.
(xii) One member who must be a public official of a
borough and have recognized ability and experience in the
construction of buildings.
(xiii) One member from an association representing
manufactured housing who must be knowledgeable, licensed
or certified to sell and install manufactured housing.
(xiv) One member who must be a first class city
official and have recognized ability and experience in
the administration and enforcement of this act.
(xv) One member from an association representing
only modular housing manufacturers who must be
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
this Commonwealth.
(xvi) One member who is a public official of a
township of the second class and has recognized ability
and experience in the construction of buildings.
(xvii) One member from an association representing
commercial building owners who has recognized ability and
experience in the construction and renovation of
nonresidential buildings.
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
the [same] manner [in which they were originally designated]
provided under subsection (c) within 30 business days of the
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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,
may 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 term of a council member serving on the
effective date of this paragraph shall be extended by one
additional year or to June 30, 2017, whichever is later.
(g) Chairperson and vice chairperson.--The members shall
elect, by a majority vote, a chairperson and vice chairperson of
the council.
(h) Quorum.--[Ten] Eleven members shall constitute a quorum.
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(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.
(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 or
by e-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]
shall provide staff support in drafting any reports required
under this act.
(k) Technical support.--The council may solicit and retain,
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with or without compensation, individuals who are qualified by
training or experience to provide expert input to the council
[and, at]. At the discretion of the council:
(1) Except as set forth in paragraph (2), such
individuals may be compensated for their services or
reimbursed for reasonable travel expenses at a reasonable
rate established by the secretary, or both.
(2) Paragraph (1) does not apply to a member of a
technical advisory committee appointed under subsection (m)
(1)(v).
(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
(relating to Uniform Construction Code), and such other
technical advisory committees as the council deems
necessary to facilitate its review. Members of industry
and interest groups associated with code development and
enforcement shall be permitted to participate in the
technical advisory committee.
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(ii) Each technical advisory committee shall be
limited to a maximum of 12 members. The chair of the
council shall appoint a council member to chair each
technical advisory committee. Any other council member
may seek appointment to a technical advisory committee
and, if no more than four 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 four council
members seek appointment to a technical advisory
committee, the chair of the council shall appoint four 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).
(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. 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 add 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:
(A) to the 2015 changes to the Uniform
Construction Code adopted by the council; and
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(B) to 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 30 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 December 31, 2018. As of
December 31, 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) The 2015 Code Review shall be conducted in
accordance with provisions of this act, except that
public comment period under paragraph (3)(i) shall be 30
days, and except that the council shall only be required
to hold one public hearing, which shall be in Harrisburg,
notwithstanding the requirements of paragraph (3)(viii).
(iii) The council shall also review, in accordance
with the procedures outlined in this act, any section of
the collective codes that do not otherwise constitute
updated sections but only if two-thirds of the council
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membership so 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 of the
section , including impact on the end consumer .
(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 under paragraph (1). The
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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 the rationale
for the recommended action based on the criteria set
forth in paragraph (2). Any modification must further the
purpose and effect of the standards under review.
(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,
to the technical advisory committee for the code that
contains the updated section.
(v) The technical advisory committee shall review
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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,
any existing section or any related collective code
section as needed to ensure consistency and effectiveness
of the Uniform Construction Code. 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 under
subparagraph (ix)(B).
(vi) For each updated section that:
(A) receives a comment recommending modification
or rejection 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
and any related section identified in subparagraph (v) be
adopted, rejected or modified. The technical advisory
committee shall submit the rationale for its
recommendations. Notwithstanding any other provision of
this subparagraph, updated sections that do not receive a
comment recommending modification or rejection 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 report as unopposed.
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(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) After 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 and any related section identified in
subparagraph (v). The following shall apply:
(A) The council shall consider and vote on the
unopposed sections as a group. Prior to a vote on the
unopposed sections as a group, the council shall
first consider any motion made by a council member to
exclude a section from the unopposed group. If the
motion is supported by a two-thirds majority of the
council membership, that section shall be removed
from the unopposed group. There shall be no limit to
the number of motions that the council shall consider
before consideration of the unopposed sections as a
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group. Unopposed sections that remain as part of the
group, after consideration of motions to exclude
sections, shall be deemed adopted unless rejected by
a two-thirds majority vote of the council. 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 specific rationale for 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 specific rationale for
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 updated codes and additional 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 June 1, 2018.
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Section 4. Sections 304, 501(c), 703 and 902(c) of the act
are amended to read:
Section 304. Revised or successor codes.
(a) Duties of department.--
(1) (i) 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)] 108(b), 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.
(ii) Except as provided in subparagraph (iii),
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).
(iii) Regulations promulgated by the department as a
result of the 2015 Code Review shall be effective
December 31, 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
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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.] the accessibility provisions of the most
recently published edition of the ICC codes and any other
accessibility requirements which shall be specified in the
regulations, or contained in or referenced by the Uniform
Construction Code relating to persons with disabilities.
(4) The department may contract with the ICC to
establish and publish code manuals that contain the standards
of the Uniform Construction Code. 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] an updated
section is not adopted or modified under section [107(b.1)(5)]
108, the relevant provisions of the [prior version of the codes]
existing sections 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
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new permit.
(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 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
a board of appeals who meet the minimum qualifications [of
Chapter 1 of the BOCA National Building Code] established by
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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 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
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.
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(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) Forty percent of the fee shall be deposited in
the Municipal Code Official Training Account.
(ii) Forty percent of the fee shall be deposited in
the Construction Contractor Training Account.
(iii) Twenty percent 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) All money deposited under paragraph (1)(iii) shall
be transmitted quarterly to the Department of Labor and
Industry for expenses of the council as authorized in section
107(l), for technical assistance as provided for in section
107(k), for administrative assistance as provided for in
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section 107(j), for fees associated with contracting with the
ICC to establish and publish code manuals which contain the
standards of the Uniform Construction Code as provided for in
section 304(a)(4) and as otherwise determined necessary by
the council as money is available.
Section 902. Applicability to certain buildings.
* * *
(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 5. This act shall take effect as follows:
(1) The amendment of section 902(c) of the act shall
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take effect in 60 days.
(2) The remainder of this act shall take effect
immediately.
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