PRIOR PRINTER'S NOS. 834, 1361 PRINTER'S NO. 1594
No. 730 Session of 1987
INTRODUCED BY RHOADES, MADIGAN, ZEMPRELLI, ROCKS, HOPPER,
JUBELIRER, BODACK, MUSTO, GREENLEAF, WILT, O'PAKE, MOORE,
SHUMAKER, FUMO, REIBMAN, SALVATORE, MELLOW, SHAFFER, LEWIS,
PECORA, ROMANELLI, REGOLI, AFFLERBACH, HELFRICK, STAPLETON,
STOUT, GREENWOOD, KELLEY, ANDREZESKI, LEMMOND, WILLIAMS,
JONES, SCANLON, FISHER, BELL AND LYNCH, APRIL 21, 1987
SENATOR TILGHMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED,
NOVEMBER 16, 1987
AN ACT
1 Amending the act of September 1, 1965 (P.L.459, No.235),
2 entitled "An act requiring that certain buildings and
3 facilities constructed with Commonwealth funds adhere to
4 certain principles, standards and specifications to make the
5 same accessible to and usable by the physically handicapped,
6 and providing for enforcement," further providing for
7 standards and the applicability of standards and for
8 enforcement; and making editorial changes; AND MAKING AN <--
9 APPROPRIATION.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The title of the act of September 1, 1965
13 (P.L.459, No.235), entitled "An act requiring that certain
14 buildings and facilities constructed with Commonwealth funds
15 adhere to certain principles, standards and specifications to
16 make the same accessible to and usable by the physically
17 handicapped, and providing for enforcement," is amended to read:
18 AN ACT
19 Requiring that certain buildings and facilities [constructed
1 with Commonwealth funds] adhere to certain principles,
2 standards and specifications to make the same accessible to
3 and usable by [the physically handicapped] persons with
4 physical handicaps, and providing for enforcement.
5 Section 2. Section 1 of the act, amended July 9, 1976
6 (P.L.928, No.176), is amended and the act is amended by adding
7 sections to read:
8 Section 1. Findings and Declaration of Policy.--The General
9 Assembly finds and declares as follows:
10 Many architectural barriers exist in the buildings and
11 facilities within this Commonwealth which impede access to and
12 use of these buildings by a sizeable segment of the population.
13 These architectural barriers effectively prohibit persons with
14 physical handicaps, both permanent and temporary, from pursuing
15 an education, entering the work force and enjoying cultural and
16 social activities. For persons with physical handicaps,
17 accessibility is a necessity which enables them to achieve
18 independence and freedom of movement. For many others, such as
19 senior citizens and small children, accessible features are
20 equally advantageous.
21 Therefore, in order to provide for the general welfare of all
22 citizens, all new construction of buildings, included within the
23 provisions of this act, shall be accessible to and usable by
24 persons with physical handicaps. As existing buildings are
25 remodeled, accessibility features shall be incorporated into
26 these buildings to the maximum extent feasible. It is recognized
27 by the General Assembly that the degree of accessibility
28 achievable when existing buildings are remodeled will, under
29 certain circumstances, be less than that possible in new
30 construction. When the incorporation of accessibility elements
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1 in existing buildings results in an extreme hardship, then
2 variances may be obtained.
3 It is the intent of the General Assembly that as many
4 buildings as possible be required to conform to the provisions
5 set forth in this act and in the regulations adopted pursuant to
6 it. Therefore, this act shall be broadly construed when
7 determining which buildings must comply with the statutory and
8 regulatory provisions. When determining which buildings are
9 excluded or exempt from the statutory and regulatory provisions,
10 this act shall be strictly construed.
11 Section 1.1. Definitions.--The following words and phrases
12 when used in this act shall have the meanings given to them in
13 this section unless the context clearly indicates otherwise:
14 "Accessible." Describes a building, building site or portion
15 thereof which complies with the specifications and standards
16 established by the Department of Labor and Industry and that can
17 be approached, entered and negotiated by persons with physical
18 handicaps. In the case of existing buildings, the department
19 under certain conditions may allow, by regulation or variance,
20 for a lesser degree of accessibility than that required for new
21 construction. In the case of residential buildings, the
22 department may allow, by regulation, that adaptable units will
23 meet accessibility requirements.
24 "Accessible route." A continuous unobstructed path which
25 connects all areas within a building and a building site that
26 can be negotiated by a person with a severe physical handicap
27 using a wheelchair and that is also safe for and usable by
28 people with other physical handicaps. Interior accessible routes
29 include, but are not limited to, corridors, floors, ramps,
30 elevators, lifts and clear floor space at fixtures. Exterior
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1 accessible routes include, but are not limited to, parking
2 access aisles, curb cuts, walks, ramps and lifts.
3 "Adaptable." The ability of certain building spaces and
4 elements, such as kitchen counters, sinks and grab bars, to be
5 added or altered so as to accommodate the needs of either
6 handicapped or nonhandicapped persons, or to accommodate the
7 needs of persons with different types or degrees of handicaps.
8 "Building site." A parcel of land bounded by a property line
9 or a designated portion of a public right-of-way.
10 "Construction cost." The total cost or estimated cost of a
11 building, including all labor, materials and fixed equipment at
12 current market rates and a reasonable allowance for overhead and
13 profit for a building contractor, and excluding the cost of
14 architectural fees, other design consultant fees, and the cost
15 of the land. The owner or owner's agent shall provide the
16 construction cost to the department.
17 "Construction documents." Drawings, specifications or both
18 which delineate proposed construction or remodeling.
19 "Department." The Department of Labor and Industry of the
20 Commonwealth. In cities of the first class, second class and
21 second class A, "department" means the agency assigned the
22 responsibility of enforcing this act.
23 "Net floor area." The surface area included within the
24 surrounding walls of a building, including all areas occupied by
25 equipment or furnishings, and excluding vent shafts, elevator
26 shafts, fire towers and other areas as may be designated by
27 regulation.
28 "Persons with physical handicaps." Individuals who have a
29 physical impairment, including impaired sensory or manual
30 abilities, which results in a functional limitation in access to
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1 and use of a building or facility.
2 "Public." Employees, visitors or any other persons who may
3 be on the premises for a lawful purpose.
4 "Remodeled," "remodeling," "remodels." Renovated,
5 reconstructed, altered or added to. The Department of Labor and
6 Industry may, by regulation, exclude specifically from this
7 definition minor repairs and necessary maintenance which do not
8 affect the accessibility or usability of a building by persons
9 with physical handicaps.
10 "Secretary." The Secretary of Labor and Industry of the
11 Commonwealth. In cities of the first class, second class and
12 second class A, "secretary" means the administrative head of the
13 agency assigned the responsibility of enforcing this act.
14 "Variance." The permitted use of a standard or specification
15 which differs in degree or measurement from the requirements of
16 this act or regulations adopted pursuant to it or a permitted
17 alternative solution to a design problem.
18 "Worth of the building." The current fair market value of
19 the building prior to the remodeling as can be reasonably
20 determined from a table of standard values established by the
21 Department of Labor and Industry or from an appraisal provided
22 by the owner or owner's agent.
23 Section 1.2. Applicability of Standards. (a) Government
24 Buildings.--The standards and specifications set forth in this
25 act and in regulations adopted pursuant to it shall apply to all
26 buildings used by the public, including, but not limited to,
27 buildings of assembly, educational institutions, polling sites
28 and office buildings which are constructed, leased or remodeled
29 on or after the effective date of this act, in whole or in part,
30 by the use of Commonwealth funds[,] or the funds of any
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1 instrumentality or political subdivision of the Commonwealth [or
2 which are leased by the Commonwealth or an instrumentality
3 thereof by reason of a lease executed after December 31, 1974
4 and shall also apply to].
5 (b) Private Buildings.--The standards and specifications set
6 forth in this act and in regulations adopted pursuant to it
7 shall also apply to any building used by the public that is
8 constructed or remodeled on or after the effective date of this
9 act, including, but not limited to:
10 (1) Factories, powerplants, mercantile buildings, shopping
11 centers, department stores, [theaters,] retail stores, [sports
12 arenas and to] restaurants with sit-down, interior dining
13 facilities [constructed after the effective date of this
14 amending act: Provided, however, That the provisions of this act
15 shall not apply to any department store, theater, retail store,
16 sports arena and other buildings that are constructed and
17 contain less than 2,800 square feet of usable floor space. All
18 Commonwealth financed or leased buildings and facilities
19 constructed or leased in this Commonwealth shall conform to each
20 of the standards and specifications prescribed herein. All
21 department stores, theaters, retail stores and sports arenas for
22 which contracts for the planning and/or design have been awarded
23 prior to the effective date of this amending act shall be
24 exempt.], hotels, motels, office buildings, financial
25 institutions, hospitals, public and private institutions,
26 convalescent and nursing homes, schools, colleges, dormitories,
27 auditoriums, gymnasiums, transportation stations and terminals,
28 warehouses and garages.
29 (2) Theaters, motion picture theaters, museums, concert
30 halls and summer stock theaters.
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1 (3) Public halls, dance halls, banquet halls, lodge halls,
2 skating rinks, armory halls or any other type of auditorium
3 where the public assembles.
4 (4) Places of worship.
5 (5) Apartment houses, multistory condominium complexes,
6 multifamily dwellings housing more than four families,
7 clubhouses, lodging houses and rooming houses.
8 (6) Grandstands, sports arenas, stadiums and amphitheaters.
9 (7) Any other building, facility or complex used by the
10 public.
11 (c) Building Sites.--The standards and specifications set
12 forth in this act and in regulations adopted pursuant to it
13 shall also apply to building sites for a building or facility to
14 which this act applies. Such building sites shall provide an
15 accessible route.
16 Section 1.3. Degree of Conformity. (a) New Buildings.--All
17 new construction, begun on or after the effective date of this
18 act, of buildings and building sites which must comply with this
19 act pursuant to section 1.2 shall be accessible to and usable by
20 persons with physical handicaps. New construction of buildings
21 and building sites for which the contracts for the planning,
22 design or both have been awarded prior to the effective date of
23 this act shall not be construed as having begun construction on
24 or after the effective date of this act.
25 (b) Existing Buildings.--
26 (1) Except as provided in paragraph (2), all remodeling,
27 begun on or after the effective date of this act, of buildings
28 and building sites which must comply with this act pursuant to
29 section 1.2 shall be accessible to and usable by persons with
30 physical handicaps to the degree required as follows:
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1 (i) When the construction cost of the remodeling is less
2 than 30 percent of the worth of the building, only the remodeled
3 area or areas shall be made accessible to and usable by persons
4 with physical handicaps. An accessible route to the remodeled
5 area or areas is not required.
6 (ii) When the construction cost of the remodeling is greater
7 than or equal to 30 percent but less than 50 percent of the
8 worth of the building, the remodeled area or areas shall be made
9 accessible to and usable by persons with physical handicaps and
10 an accessible route to the remodeled area or areas shall be
11 provided. The cost of providing an accessible route to the
12 remodeled area or areas shall not be considered when calculating
13 the required degree of conformity.
14 (iii) When the construction cost of the remodeling is 50
15 percent or more of the worth of the building, the entire
16 building and building site shall be made accessible to and
17 usable by persons with physical handicaps.
18 (iv) When any series of remodeling is made to a building
19 over any three-year period which accumulates in a series of
20 construction costs which total 30 percent or more but less than
21 50 percent of the worth of the building at the beginning of the
22 three-year period, the remodeled areas shall be made accessible
23 to and usable by persons with physical handicaps and an
24 accessible route to the areas shall be provided. When any series
25 of remodeling is made to a building over any three-year period
26 which accumulates in any series of construction costs which
27 total 50 percent or more of the worth of the building at the
28 beginning of the three-year period, the entire building and
29 building site shall be made accessible to and usable by persons
30 with physical handicaps.
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1 (2) Remodeling of buildings and building sites for which the
2 contracts for the planning, design or both have been awarded
3 prior to the effective date of this act shall not be construed
4 as having begun construction on or after the effective date of
5 this act.
6 (c) Government Leased Buildings or Building Space.--Within
7 one year after promulgation of the regulations necessary to
8 carry out this act, the lessor shall lease a building or
9 building space which is accessible to and usable by persons with
10 physical handicaps when such building or building space is
11 leased, in whole or in part, by the use of Commonwealth funds,
12 the funds of any instrumentality of the Commonwealth or the
13 funds of any political subdivision of the Commonwealth. When
14 only a part of a building is being leased, an accessible route
15 shall be provided to the leased space.
16 (d) New or Existing Multifamily Dwellings.--The percentage
17 of the units available for use as multifamily dwellings, in any
18 new residential construction or in remodeling of existing
19 buildings, to be required to conform to the provisions of this
20 act shall be determined by the department in conjunction with
21 the Advisory Board.
22 Section 1.4. Exclusions. (a) Certain Residential
23 Construction.--Existing single-family, townhouse and multifamily
24 dwellings which are exclusively residential and which house ten
25 or fewer families are excluded from the requirements of this
26 act. New single-family, townhouse and multifamily dwellings
27 which are exclusively residential and which house six or fewer
28 families are excluded from the requirements of this act.
29 (b) Certain New Construction.--In new construction of a
30 private building as described in section 1.2(b) with less than
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1 2,800 square feet of net floor area, only the ground level floor
2 of the building must be accessible to and usable by persons with
3 physical handicaps. Existing private buildings that have less
4 than 2,800 square feet of net floor area are excluded from the
5 requirements of this act. If an existing private building is
6 remodeled in such a way so that the resulting net floor area
7 upon completion of the remodeling will be 2,800 square feet or
8 more, then the building must comply with the requirements of
9 this act and be accessible to and usable by persons with
10 physical handicaps to the degree required by section 1.3.
11 (c) Certain Construction.--In the case of new and existing
12 construction with less than 12,500 square feet of net floor
13 area, an elevator or ramp is not required to provide an
14 accessible route to nongrade level floors. Access is required to
15 grade-level floors.
16 (d) Designated Historic Buildings.--Accessibility provisions
17 which the department determines cannot be accomplished without
18 threatening or destroying the historic significance of the
19 building which has been identified and classified by the
20 Pennsylvania Historical and Museum Commission as historic are
21 not required.
22 (e) Comparable Service Areas.--In the case of remodeled
23 construction, an accessible route need not be provided to the
24 remodeled area where an occupant offers goods, services or
25 facilities that are comparable to those the occupant offers
26 elsewhere in the building in an accessible area. The department
27 shall determine if goods, services or facilities are comparable.
28 (f) Certain Special Purpose Spaces.--Accessibility
29 provisions are not required in the following special purpose
30 spaces: elevator pits, elevator penthouses, mechanical rooms,
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1 piping or equipment catwalks, electrical or telephone closets,
2 general utility rooms, walk-in freezers and fur vaults. The
3 department may also, by regulation, identify additional building
4 spaces used for special purposes which may be exempt from
5 complying with all or part of the rules and regulations
6 promulgated pursuant to this act. In addition, compliance with
7 the provisions of this act and regulations promulgated pursuant
8 to it is not required in areas where only employees have
9 occasion to enter and within which the work cannot reasonably be
10 performed by a person with a physical handicap because of the
11 nature of the abilities required.
12 Section 3. Section 2 of the act is repealed.
13 Section 4. Section 3 of the act is amended to read:
14 Section 3. [Enforcement.--The Department of Labor and
15 Industry shall be responsible for enforcement of this act.]
16 Powers and Duties of Department. (a) Regulatory Powers.--The
17 department shall promulgate rules and regulations necessary to
18 carry out the purposes of this act and establish specifications
19 and standards for applicable buildings and building sites. In so
20 doing, the department shall consult with the Advisory Board
21 created under section 3.1. When formulating rules and
22 regulations, the department, in consultation with the Advisory
23 Board, shall consider the standards published in the latest
24 edition of the American National Standards Institute (ANSI), the
25 Architectural and Transportation Barriers Compliance Board
26 (ATBCB), the Uniform Federal Accessibility Standards (UFAS), and
27 other applicable recognized barrier-free design and construction
28 standards.
29 (b) Approval of Plans.--It shall be the duty of the owner or
30 owner's agent of every building or building site covered by this
19870S0730B1594 - 11 -
1 act, hereafter constructed or remodeled, to submit to the
2 department for approval construction documents, requests for
3 variances or other data required by the department showing
4 compliance with the provisions of this act and with regulations
5 adopted pursuant to it. No building or building site covered by
6 this act shall be constructed or remodeled until approval has
7 been given by the department.
8 (c) Review of Variance Requests.--Construction documents
9 that, due to special circumstances, request variances from the
10 requirement of this act and the regulations promulgated under it
11 shall be reviewed and acted upon by the Advisory Board before
12 the department takes final action. Any requests for a variance
13 not acted upon by the department within 60 days after receipt of
14 the request shall be deemed granted. The department may grant a
15 variance if it finds all of the following:
16 (1) Compliance with the provisions of this act and
17 regulations promulgated under it would result in an extreme
18 hardship which may include, but is not limited to, instances
19 where compliance would result in prohibitive costs or a conflict
20 with local zoning ordinances or where compliance is not feasible
21 due to inherent dimensional, structural or other physical
22 constraints.
23 (2) The extreme hardship has not been created by the
24 applicant.
25 (3) The terms of the variance are consistent with the intent
26 of this act. In existing buildings the terms of a variance may
27 exempt a portion of the remodeled area from a requirement of
28 this act and regulations adopted pursuant to it.
29 (d) Issuance of Certificate of Occupancy.--The department
30 shall not issue a permit authorizing the use or occupancy of a
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1 building until the department finds that the building complies
2 with the requirements of this act and regulations promulgated
3 pursuant to it.
4 (e) Enforcement.--
5 (1) If a governmental agency or the owner or owner's agent
6 of a building covered by this act fails to obtain approval from
7 the department, and nevertheless proceeds with construction or
8 remodeling of the building, this shall constitute a violation of
9 this act, and the department shall serve notice on the agency or
10 owner or owner's agent. The department may order the agency,
11 owner or owner's agent to cease all work on the building
12 immediately. When the department orders all work to cease on a
13 building, a notice shall be placed at the building site
14 prohibiting the continuation of work being performed until
15 approval is given by the department.
16 (2) If a building covered by this act shall be constructed,
17 remodeled or leased in violation of any provisions of this act
18 or of the regulations promulgated under it, a written order
19 shall be served by the department upon the particular
20 governmental agency or private owner or the owner's agent
21 identifying the conditions which constitute the violation,
22 directing their correction within reasonable and specified time
23 periods and notifying the agency, owner or owner's agent of
24 appeal rights as set forth below.
25 (3) An order issued by the department pursuant to this act
26 may be appealed to the secretary within 30 days of issuance. The
27 appeal may include an application for a variance. The secretary
28 shall consider the guidelines and recommendations of the
29 Advisory Board and issue an adjudication in accordance with
30 Title 2 of the Pennsylvania Consolidated Statutes (relating to
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1 administrative law and procedure).
2 (4) The department may secure enforcement of its orders or
3 other appropriate relief through the courts of common pleas.
4 Enforcement of a departmental order shall be initiated by the
5 filing of a complaint in the appropriate court and issuance and
6 service of a copy of the complaint as in proceedings in equity.
7 (5) A governmental agency or private owner who violates a
8 provision of this act or of the regulations promulgated under it
9 and who fails or refuses to observe orders issued by the
10 department for enforcement of this act or regulations
11 promulgated under it shall be subject to a fine of not more than
12 $300 for each day that the violation continues. Prosecutions for
13 violations of this act or regulations of the department shall be
14 in the form of summary criminal proceedings. Upon conviction,
15 after a hearing, these penalties shall be imposed and shall be
16 final unless an appeal be taken in the manner prescribed by law.
17 (6) Cities of the first class, second class and second class
18 A shall be responsible for the enforcement of this act.
19 Section 5. Section 3.1 of the act, added July 9, 1976
20 (P.L.928, No.176), is amended to read:
21 Section 3.1. Advisory Board[, Guidelines, Exemptions].--(a)
22 Creation and Composition.--There is hereby created an Advisory
23 Board which shall be composed of [five] seven members appointed
24 by the [Secretary of Labor and Industry] secretary. At least
25 [three] six members of the Advisory Board shall be [consumers
26 and shall be] public members, three of whom shall be persons
27 with physical handicaps, one shall be an architect registered in
28 Pennsylvania, one shall be a member of the business community
29 and one shall be a representative of the multifamily housing
30 industry. All members of the Advisory Board shall serve for a
19870S0730B1594 - 14 -
1 term of two years and until their successors are appointed [and
2 qualified]. The members of the Advisory Board shall [serve
3 without compensation but shall be reimbursed by the Department
4 of Labor and Industry for the necessary and actual expenses
5 incurred in attending the meeting of the Advisory Board and] be
6 paid traveling expenses and other necessary expenses and may
7 receive a per diem compensation at a rate to be determined by
8 the secretary for each day of actual service in the performance
9 of their duties under this act. Meetings of the Advisory Board
10 shall be called by the [Secretary of Labor and Industry]
11 secretary.
12 (b) Preparation of Guidelines.--The Advisory Board shall
13 review the principles, standards and specifications of this act
14 and the regulations adopted pursuant to it and the impact of
15 this act and its regulations on entities affected by its
16 coverage and shall develop guidelines under which [exemptions
17 and] variances from the provisions of this act and regulations
18 adopted pursuant to it may be granted.
19 (c) Recommendations for Variances.--The Advisory Board shall
20 review all applications for [exemptions and] variances from the
21 provisions of this act and from regulations adopted pursuant to
22 it and shall advise the [Secretary of Labor and Industry]
23 secretary on whether [an exemption or] a variance should be
24 granted.
25 (d) Consideration of Guidelines and Recommendations by the
26 Secretary.--The [Secretary of Labor and Industry] secretary may
27 grant a variance [or exemption] from the provisions of this act
28 and from regulations adopted pursuant to it. When determining
29 whether to grant [an exemption or] a variance, the secretary
30 shall consider the guidelines of the [board] Advisory Board and
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1 its recommendations on the particular applications.
2 Section 6. The act is amended by adding a section to read:
3 Section 3.2. Private Right of Action.--(a) Citizen
4 Complaints.--Any individual, partnership, agency, association or
5 corporation who REASONABLY believes there is a violation of this <--
6 act and the regulations promulgated pursuant to it by a <--
7 governmental agency or private owner may file a complaint with
8 the department. The complaint shall be in writing, verified and
9 shall set forth the grounds for the complaint. Within 60 days
10 after receipt of the complaint, the department shall acknowledge <--
11 RESPOND TO THE COMPLAINANT BY ACKNOWLEDGING receipt of the <--
12 complaint in writing, investigate it. THE DEPARTMENT SHALL <--
13 INVESTIGATE THE COMPLAINT and respond to the complainant in
14 writing with its findings, determinations and any enforcement
15 measures initiated or contemplated WITHIN 120 DAYS AFTER RECEIPT <--
16 OF THE COMPLAINT. For the purpose of investigating a complaint
17 an employee of the department may inspect at reasonable times
18 the building or building site which is the subject of the
19 complaint and may make any additional investigation deemed
20 necessary for the full and effective determination of compliance
21 with this act and regulations promulgated pursuant to it.
22 (b) Judicial Review.--Any individual, partnership, agency,
23 association or corporation aggrieved by a final determination of
24 the department may file a petition for review within 30 days of
25 the final determination in the Commonwealth Court pursuant to 42
26 Pa.C.S. Section 763(a) (relating to direct appeals from
27 government agencies). The decision of the department shall not
28 be reversed or modified unless it is found to be arbitrary,
29 capricious, illegal or not supported by substantial evidence.
30 (c) Original Action.--Any individual, partnership, agency <--
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1 (1) ANY INDIVIDUAL, PARTNERSHIP, AGENCY association or <--
2 corporation who filed a complaint pursuant to subsection (a) and
3 received no written response from the department within the <--
4 stated time ACKNOWLEDGING RECEIPT OF ITS COMPLAINT WITHIN 60 <--
5 DAYS, or received a response from the department indicating that
6 a violation was found but enforcement measures were not
7 contemplated or enforcement measures were contemplated but such
8 measures were not initiated after a period of 60 days from said
9 response may either bring suit in the Commonwealth Court against
10 the department for failure to enforce the provisions of this act
11 and regulations promulgated pursuant to it or may bring a civil
12 action in the appropriate court of common pleas against the
13 building owner or owner's agent for a violation of any
14 provisions of this act or regulations promulgated pursuant to
15 it.
16 If the court finds a violation of this act or of regulations <--
17 (2) IF THE COURT FINDS A VIOLATION OF THIS ACT OR OF <--
18 REGULATIONS adopted pursuant to it, the court may enjoin
19 construction or remodeling of the building, direct the
20 correction of violations within a reasonable and specified time
21 period or order such other relief deemed appropriate. The court,
22 in issuing any final order in any action brought pursuant to
23 this section, may award costs of litigation (including attorney
24 and expert witness fees) to any party, whenever the court
25 determines such award is appropriate. The court may, if a
26 temporary restraining order or preliminary injunction is sought,
27 require the filing of a bond or equivalent security in accord
28 with the Rules of Civil Procedure.
29 (3) AN ARCHITECT OR LICENSED DESIGN PROFESSIONAL WHO HAS <--
30 COMPLIED WITH THE PROVISIONS OF THIS ACT AND ITS REGULATIONS AND
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1 PREPARED CONSTRUCTION DOCUMENTS IN ACCORDANCE WITH ACCEPTED
2 PROFESSIONAL STANDARDS SHALL HAVE NO FURTHER LIABILITY PURSUANT
3 TO LITIGATION COMMENCED UNDER THIS SECTION.
4 Section 7. The Department of Labor and Industry shall
5 promulgate the rules and regulations required under section 4
6 (section 3(a) of the act) within 305 days of the effective date
7 of this act.
8 Section 8. The provisions of section 2214(c) of the act of
9 April 9, 1929 (P.L.177, No.175), known as The Administrative
10 Code of 1929, shall not apply to this act, and the Industrial
11 Board shall not review the rules and regulations promulgated
12 under this act.
13 SECTION 9. THE SUM OF $60,000, OR AS MUCH THEREOF AS MAY BE <--
14 NECESSARY, IS HEREBY APPROPRIATED TO THE DEPARTMENT OF LABOR AND
15 INDUSTRY FOR THE FISCAL YEAR JULY 1, 1987, TO JUNE 30, 1988, TO
16 CARRY OUT THE PROVISIONS OF THIS ACT.
17 Section 9 10. This act shall take effect as follows: <--
18 (1) Section 3 of this act shall take effect upon
19 promulgation of the rules and regulations required under
20 section 4 (section 3(a) of the act).
21 (2) The remainder of this act shall take effect in 60
22 days.
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