PRINTER'S NO. 1458
No. 1050 Session of 2004
INTRODUCED BY WENGER, ARMSTRONG, M. WHITE, LEMMOND AND
GREENLEAF, MARCH 22, 2004
REFERRED TO LOCAL GOVERNMENT, MARCH 22, 2004
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," further defining
6 "agricultural building"; and further providing for
7 exemptions.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The definition of "agricultural building" in
11 section 103 of the act of November 10, 1999 (P.L.491, No.45),
12 known as the Pennsylvania Construction Code Act, is amended to
13 read:
14 Section 103. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 * * *
19 "Agricultural building." A structure utilized to store farm
20 implements, hay, feed, grain or other agricultural or
1 horticultural products or to house poultry, livestock or other
2 farm animals. The term shall include a milk house owned by
3 members of a recognized religious sect and a carriage house
4 owned by members of a recognized religious sect which is used to
5 house horses and store buggies. The term shall not include
6 habitable space or spaces in which agricultural products are
7 processed, treated or packaged and shall not be construed to
8 mean a place of occupancy by the general public.
9 * * *
10 Section 2. Section 901 of the act, amended June 22, 2001
11 (P.L.585, No.43), is amended to read:
12 Section 901. Exemptions.
13 (a) Manufactured housing.--This act shall not apply to
14 manufactured housing which bears a label, as required by and
15 referred to in the act of November 17, 1982 (P.L.676, No.192),
16 known as the Manufactured Housing Construction and Safety
17 Standards Authorization Act, which certifies that it conforms to
18 Federal construction and safety standards adopted under the
19 Housing and Community Development Act of 1974 (Public Law 93-
20 383, 88 Stat. 633), nor shall it apply to industrialized
21 housing, as defined in the act of May 11, 1972 (P.L.286, No.70),
22 known as the Industrialized Housing Act.
23 (b) Religious beliefs.--
24 (1) An applicant for a construction permit for a
25 dwelling unit, commercial establishment or school house
26 utilized by a member or members of a recognized religious
27 sect may file an application with a code administrator to be
28 exempted from an electrical provision of the Uniform
29 Construction Code which conflicts with the applicant's
30 religious beliefs. The application shall state the manner in
20040S1050B1458 - 2 -
1 which the provision conflicts with the applicant's religious
2 beliefs and shall include an affidavit by the applicant
3 stating that:
4 (i) the applicant is a member of a recognized
5 religious sect;
6 (ii) the religious sect has established tenets or
7 teachings which conflict with an electrical provision of
8 the Uniform Construction Code;
9 (iii) the applicant adheres to the established
10 tenets or teachings of the sect; [and]
11 (iv) in the case of a dwelling unit, that the
12 dwelling unit will be used solely as a residence for the
13 applicant and the applicant's household[.]; and
14 (v) in the case of a schoolhouse, that the
15 schoolhouse will be used solely by members of the
16 religious sect.
17 (2) A code administrator shall grant an application for
18 an exemption if made in accordance with paragraph (1).
19 (3) If an applicant receives an exemption for [a
20 dwelling unit] any building under this subsection and the
21 applicant subsequently sells or leases the [dwelling unit]
22 building, the applicant shall bring the [dwelling unit]
23 building into compliance with the provision of the Uniform
24 Construction Code from which it was exempted under this
25 subsection prior to the [dwelling unit] building being sold
26 or leased unless the prospective subsequent owner or lessee
27 files an affidavit in compliance with paragraph (1)(i)
28 through (iv).
29 (4) Any exemption granted under this subsection shall be
30 construed to eliminate any elevator requirement under the
20040S1050B1458 - 3 -
1 Uniform Construction Code.
2 Section 3. The amendment of section 901 of the act shall
3 apply to permits applied for on or after the effective date of
4 this act.
5 Section 4. This act shall take effect in 60 days.
B19L35DMS/20040S1050B1458 - 4 -