PRIOR PRINTER'S NOS. 1327, 2561, 2667, PRINTER'S NO. 4527 2725, 3586, 4119
No. 1096 Session of 2007
INTRODUCED BY BUXTON, ARGALL, BELFANTI, BIANCUCCI, CALTAGIRONE, CAPPELLI, CARROLL, CLYMER, FABRIZIO, FAIRCHILD, GEORGE, GERGELY, GIBBONS, HALUSKA, HENNESSEY, HUTCHINSON, JAMES, KORTZ, KOTIK, MARKOSEK, McILHATTAN, M. O'BRIEN, SCAVELLO, SONNEY, TRUE, EVERETT, LONGIETTI, COX, GINGRICH, STURLA, FLECK, DERMODY, HORNAMAN, PASHINSKI, SIPTROTH, BENNINGHOFF, PAYNE, WAGNER, McGEEHAN AND BROOKS, APRIL 18, 2007
SENATE AMENDMENTS TO HOUSE AMENDMENTS, OCTOBER 7, 2008
AN ACT 1 Amending the act of November 10, 1999 (P.L.491, No.45), entitled 2 "An act establishing a uniform construction code; imposing 3 powers and duties on municipalities and the Department of 4 Labor and Industry; providing for enforcement; imposing 5 penalties; and making repeals," defining "council," "State- <-- 6 affiliated entity," "State-owned building" and "State-related 7 institution" FURTHER PROVIDING FOR DEFINITIONS; establishing <-- 8 the Uniform Construction Code Review and Advisory Council; 9 and further providing for revised or successor codes, for <-- 10 training of inspectors and for applicability to certain 11 buildings. AND FOR TRAINING OF INSPECTORS. <-- 12 The General Assembly of the Commonwealth of Pennsylvania 13 hereby enacts as follows: 14 Section 1. Section 103 of the act of November 10, 1999 15 (P.L.491, No.45), known as the Pennsylvania Construction Code 16 Act, is amended by adding definitions A DEFINITION to read: <-- 17 Section 103. Definitions. 18 The following words and phrases when used in this act shall 19 have the meanings given to them in this section unless the
1 context clearly indicates otherwise: 2 * * * 3 "Council." The Uniform Construction Code Review and Advisory 4 Council established under this act. 5 * * * 6 "State-affiliated entity." A Commonwealth authority or a <-- 7 Commonwealth entity. The term includes the Pennsylvania Turnpike 8 Commission, the Pennsylvania Housing Finance Agency, the 9 Pennsylvania Municipal Retirement System, the Pennsylvania 10 Infrastructure Investment Authority, the State Public School 11 Building Authority, the Pennsylvania Higher Educational 12 Facilities Authority and the State System of Higher Education. 13 "State-owned building." A building owned by or to be 14 constructed for Commonwealth entities consisting of the General 15 Assembly, the Unified Judicial System, the Pennsylvania Higher 16 Education Assistance Agency, an executive agency, an independent 17 agency, a State-affiliated entity or a State-related 18 institution. 19 "State-related institution." The Pennsylvania State 20 University, the University of Pittsburgh, Lincoln University or 21 Temple University. 22 * * * 23 Section 2. The act is amended by adding a section to read: 24 Section 107. Uniform Construction Code Review and Advisory 25 Council. 26 (a) Establishment.--The Uniform Construction Code Review and 27 Advisory Council is hereby established. 28 (b) Duties.--The council shall do the following: 29 (1) Gather information from municipal officers, building 30 code officials, construction code officials, licensed design 20070H1096B4527 - 2 -
1 professionals, builders and property owners, concerning 2 issues with the Uniform Construction Code raised by council 3 members, or changes proposed by members of the General 4 Assembly. 5 (2) Evaluate the information compiled under paragraph 6 (1) and make recommendations to the following: 7 (i) The Governor. 8 (ii) The Secretary of Labor and Industry. 9 (iii) The members of any legislative committee 10 considering amendments to this act. 11 (iv) The President pro tempore of the Senate. 12 (v) The Speaker of the House of Representatives. 13 (vi) The Code Development Councils of the 14 International Code Council. 15 (3) With the exception of the provisions of Chapter 11 16 and Appendix E of the International Building Code of 2006, or 17 its successor codes, or any other accessibility requirements 18 contained in or referenced by the Uniform Construction Code 19 relating to persons with physical disabilities, review new 20 and amended provisions contained in triennial revisions of 21 the codes issued by the International Code Council to any of 22 its codes. The council shall inform the department of any 23 code provisions that should be excluded from the Uniform 24 Construction Code by May 1 of the year of issuance of the 25 latest triennial code issued by the International Code 26 Council. 27 (c) Composition.--The council shall consist of the following 28 members appointed by the Governor: 29 (1) A general contractor from an association 30 representing the residential construction industry who has 20070H1096B4527 - 3 -
1 recognized ability and experience in the construction of new 2 residential buildings. 3 (2) A contractor from an association representing the 4 nonresidential construction industry who has recognized 5 ability and experience in the construction of nonresidential 6 buildings. 7 (3) A Uniform Construction Code certified residential 8 building inspector who possesses all five residential 9 certifications from an association representing building code 10 officials who has experience administering and enforcing 11 residential codes. 12 (4) A Uniform Construction Code certified building 13 inspector who possesses all nonresidential inspection 14 certifications, but need not possess a fire inspector 15 certification, or a certified plans examiner who also holds 16 an accessibility certification from an association 17 representing building code officials who has experience 18 administering and enforcing nonresidential codes. 19 (5) A Uniform Construction Code certified fire inspector 20 from an association representing building code officials. 21 (6) A Uniform Construction Code certified building code 22 official from an association representing building code 23 officials with building code official certification. 24 (7) A residential contractor from an association 25 representing contractors engaged in remodeling residential 26 buildings who has recognized ability and experience in 27 remodeling residential and nonresidential buildings. 28 (8) A licensed architect from an association 29 representing architects who has recognized ability and 30 experience in the design and construction of nonresidential 20070H1096B4527 - 4 -
1 buildings. 2 (9) A licensed architect from an association 3 representing architects who has recognized ability and 4 experience in the design and construction of residential 5 buildings. 6 (10) A licensed structural engineer from an association 7 representing professional engineers who has recognized 8 ability and experience in the design and construction of 9 buildings. 10 (11) A licensed mechanical engineer specializing in HVAC 11 systems from an association representing professional 12 engineers who has recognized ability and experience in the 13 design and construction of buildings. 14 (12) A licensed mechanical engineer, specializing in 15 plumbing and fire protection, from an association 16 representing professional engineers who has recognized 17 ability and experience in the design and construction of 18 buildings. 19 (13) A licensed electrical engineer from an association 20 representing professional engineers who has recognized 21 ability and experience in the design and construction of 22 buildings. 23 (14) An elected official of a township of the second 24 class who has recognized ability and experience in 25 construction of buildings. 26 (15) An elected borough official who has recognized 27 ability and experience in construction of buildings. 28 (16) An elected official of a third class city who has 29 recognized ability and experience in the construction of 30 buildings. 20070H1096B4527 - 5 -
1 (17) An individual from an association representing 2 manufactured housing who shall be knowledgeable, licensed or 3 certified to sell and install manufactured housing. 4 (18) An official of a city of the first class who has 5 recognized ability and experience in the administration and 6 enforcement of this act. 7 (19) An individual from an association representing only 8 modular housing manufacturers, who is knowledgeable, licensed 9 or certified under the act of May 11, 1972 (P.L.286, No.70), 10 known as the Industrialized Housing Act, to manufacture and 11 sell modular homes in Pennsylvania. 12 At least one of the inspectors appointed to the council shall be 13 a municipal employee, and at least one inspector shall be a 14 third-party private sector inspector. 15 (d) Vacancies.--Vacancies on the council shall be filled in 16 the same manner in which they were originally designated, within 17 30 business days of the vacancy. If the Governor fails to act 18 within the 30 business days, the council chairperson shall 19 appoint an individual to fill the vacancy. 20 (e) Removal.--A member may be removed for just cause by the 21 Governor. 22 (f) Terms.--A member of the council shall serve terms of two 23 years and until his successor is appointed beginning July 1, 24 2008, except the initial term of members appointed under 25 subsection (c)(1), (3), (4), (5), (8), (11), (13) and (14) shall 26 be for three years and until their successor is appointed. 27 (g) Chairperson and vice chairperson.--The members shall 28 elect, by a majority vote, a chairperson and vice chairperson of 29 the council. 30 (h) Quorum and consensus.--Ten members shall constitute a 20070H1096B4527 - 6 -
1 quorum, and a consensus among at least ten members must be 2 reached before any determination can be made by the council. 3 (i) Meetings.--Meetings shall be conducted as required under 4 65 Pa.C.S. Ch. 7 (relating to open meetings) as follows: 5 (1) The council shall meet at least once every six 6 months. Meeting dates shall be set by majority vote of the 7 council members or by the call of the chair along with at 8 least seven business days' notice to all members. 9 (2) All meetings of the council shall be publicly 10 advertised and shall be open to the public. Members of the 11 general public shall be given reasonable opportunity to 12 address the council. 13 (3) The council shall publish a schedule of its meetings 14 in the Pennsylvania Bulletin and in at least one newspaper of 15 general circulation. The notice shall be published at least 16 five business days in advance of each meeting. The notice 17 shall specify the date, time and place of the meeting and 18 shall state that the meetings of the council are open to the 19 general public. 20 (j) Administrative support.--The secretary shall provide a 21 facility for council meetings under this act, stenographic 22 services and required notice of the council's meetings. 23 (k) Technical support.--The council may solicit and retain, 24 without compensation, individuals who are qualified by training 25 or experience to provide expert input to the council and, at the 26 discretion of the council, such individuals may be reimbursed 27 for reasonable travel expenses at a rate established by the 28 secretary. 29 (l) Compensation and expenses.--Members of the council shall 30 not receive a salary or per diem allowance for their service. 20070H1096B4527 - 7 -
1 Section 3. Section 304(a) of the act, amended February 19, 2 2004 (P.L.141, No.13), is amended and the section is amended by 3 adding a subsection to read: 4 Section 304. Revised or successor codes. 5 (a) Building code.-- 6 (1) Subject to sections 105(c) and (d), 301(a)(3), (4), 7 (5), (6) and (7), (c) and (d) and 302, by December 31 of the 8 year of the issuance of a new triennial [BOCA National] ICC 9 International Building Code, or its successor building code, 10 the department shall promulgate regulations adopting the new 11 code as the Uniform Construction Code[.] unless the council 12 informs the department that it should exclude any provisions 13 of the triennial code from the Uniform Construction Code. If 14 the council provides this notification, the department shall 15 submit regulations adopting the triennial code with 16 provisions omitted by the council under this section within 17 90 days following council notification. 18 (2) Subject to sections 105(c) and (d), 301(a)(3), (4), 19 (5), (6) and (7), (c) and (d) and 302, by December 31 of the 20 year of issuance of a new triennial ICC [International One 21 and Two Family Dwelling Code] International Residential Code, 22 or its successor building code, the department shall 23 promulgate regulations providing that all detached one-family 24 and two-family dwellings and one-family townhouses that are 25 not more than three stories in height and their accessory 26 structures may be designed in accordance with that code or 27 the Uniform Construction Code at the option of the building 28 permit applicant. The department shall promulgate regulations 29 adopting the new code as the Uniform Construction Code unless 30 the council informs the department that it should exclude any 20070H1096B4527 - 8 -
1 provisions of the triennial code from the Uniform 2 Construction Code. If the council provides this notification, 3 the department shall submit regulations adopting the 4 triennial code with provisions omitted by the council under 5 this section within 90 days following council notification. 6 * * * 7 (d) Code revisions.-- 8 (1) The council may determine that any new or amended 9 provision contained in a triennial revision by the ICC to any 10 of the codes which have been adopted by regulation of the 11 department as part of the Uniform Construction Code is not, 12 in the opinion of the council, consistent with the intent and 13 purpose of this act or is otherwise inappropriate for 14 inclusion in the Uniform Construction Code. In making a 15 determination on the new or amended triennial revisions the 16 council may consider the provisions of section 102, as well 17 as other relevant factors, including, but not limited to: 18 (i) The impact that the provisions may have upon the 19 health, safety and welfare of the public. 20 (ii) The economic reasonableness and financial 21 impact of the provisions. 22 (iii) The technical feasibility of the provisions. 23 (2) When adopting the latest triennial versions of the 24 ICC codes, the department shall exclude a specific new or 25 amended code provision rejected by the council under 26 paragraph (1) and shall provide that the relevant provisions 27 of the prior versions of the code shall remain in effect. 28 Section 4. Section 701(a) and (b) of the act, amended July 29 7, 2006 (P.L.1052, No.108), are amended to read: 30 Section 701. Training of inspectors. 20070H1096B4527 - 9 -
1 (a) Training program.--The department, in consultation with 2 the advisory board, [BOCA] ICC, NCSBCS and other interested 3 parties, shall by regulation adopt a program of required 4 training and certification for all categories of code 5 administrators. This education program shall include 6 accessibility requirements contained in and referenced by the 7 Uniform Construction Code. The department may contract with 8 third parties to provide the code training and testing programs. 9 (b) Categories of inspectors.-- 10 (1) The department, in consultation with [BOCA] the ICC 11 and other interested parties, shall establish appropriate 12 categories of code administrators. 13 (2) A code administrator may act in place of a lumber 14 grading or inspection agency to satisfy the requirement set 15 forth under section 2303.1.1 of the 2003 International 16 Building Code or its successor code or section R404.2.1, 17 R502.1, R602.1 or R802.1 of the 2003 International 18 Residential Code for One- and Two-Family Dwellings or its 19 successor code. 20 * * * 21 Section 5. Section 902(b)(4) of the act, amended December <-- 22 22, 2005 (P.L.478, No.95), is amended to read: 23 Section 902. Applicability to certain buildings. 24 * * * 25 (b) Uncertified buildings under department's jurisdiction.-- 26 Subject to subsection (d), all of the following apply to a 27 building subject to the jurisdiction of the department: 28 * * * 29 (4) A building owner may file an application for a 30 variance from this subsection concerning accessibility with 20070H1096B4527 - 10 -
1 the advisory board under section 106. A building owner may 2 file an application for a variance from this subsection 3 concerning other standards. The application must be filed 4 with the Industrial Board if any of the following apply: 5 (i) The building is located in a municipality where 6 the department has jurisdiction. 7 (ii) The building is a State-owned building. [As 8 used in this subparagraph, the term "State-owned 9 building" means a building owned or constructed for 10 Commonwealth entities consisting of the General Assembly, 11 the Unified Judicial System, the Pennsylvania Higher 12 Education Assistance Agency, an executive agency, an 13 independent agency and a State-affiliated entity or 14 State-related institution, as defined in 62 Pa.C.S. § 103 15 (relating to definitions).] 16 * * * 17 Section 6 5. This act shall take effect immediately. <-- C30L35JAM/20070H1096B4527 - 11 -