PRINTER'S NO. 3065
No. 2448 Session of 1994
INTRODUCED BY BUXTON, DeWEESE, CURRY, McCALL, MELIO, VAN HORNE,
CORRIGAN, MARSICO, L. I. COHEN, HARLEY, BUNT, STERN, KREBS,
ZUG, SAURMAN, GODSHALL, STEIL, BATTISTO, RAYMOND, VEON,
ROONEY, MILLER, SAYLOR, RUDY, STEELMAN AND HANNA,
JANUARY 4, 1994
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JANUARY 4, 1994
AN ACT
1 Creating a uniform construction code; providing for a
2 Construction Code Evaluation Council, for enforcement and for
3 penalties; and making repeals.
4 TABLE OF CONTENTS
5 Section 1. Short title.
6 Section 2. Intent and purpose.
7 Section 3. Legislative findings.
8 Section 4. Definitions.
9 Section 5. Application.
10 Section 6. Uniform construction code.
11 Section 7. Construction Code Evaluation Council.
12 Section 8. Enforcement.
13 Section 9. Municipal administration and enforcement.
14 Section 10. Board of appeals.
15 Section 11. Training and certification.
16 Section 12. Exemptions.
17 Section 13. Savings.
1 Section 14. Penalties.
2 Section 15. Repeals.
3 Section 16. Effective date.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Uniform
8 Construction Code Act.
9 Section 2. Intent and purpose.
10 It is the intent and purpose of this act to:
11 (1) Provide standards for the protection of life,
12 health, property and environment and for the safety and
13 welfare of the consumer, general public and the owners and
14 occupants of buildings and structures.
15 (2) Encourage innovation and economy in construction and
16 to provide requirements for construction and construction
17 materials consistent with nationally recognized standards.
18 (3) Permit to the fullest extent feasible the use of
19 modern technical methods, devices and improvements consistent
20 with reasonable requirements for the health, safety and
21 welfare of occupants or users of buildings and structures.
22 (4) Eliminate restrictive, obsolete, conflicting and
23 unnecessary construction regulations that tend to
24 unnecessarily increase construction costs or retard the use
25 of new materials, products or methods of construction or
26 provide preferential treatment to types or classes of
27 materials or products or methods of construction.
28 (5) Eliminate unnecessary duplication of effort and fees
29 in the review of construction plans and the inspection of
30 construction.
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1 (6) Assure that officials charged with the
2 administration of the technical provisions of this act are
3 adequately trained.
4 Section 3. Legislative findings.
5 The General Assembly finds and declares as follows:
6 (1) A multiplicity of construction codes currently exist
7 in this Commonwealth and some of these codes contain needless
8 restrictions which limit the use of certain materials,
9 techniques or products without any benefits to the public.
10 Moreover, the variation of construction standards caused by
11 the multiplicity of codes slows the process of construction
12 and increases the costs of construction.
13 (2) The way to insure uniform, modern construction
14 standards and regulations throughout this Commonwealth is to
15 adopt a uniform construction code.
16 (3) The model codes of the Building Officials and Code
17 Administrators International, Inc. (BOCA), 1993 Edition, and
18 the Council of American Building Officials (CABO) One and Two
19 Family Dwelling Code, 1992 Edition, are construction codes
20 which have been widely adopted in this Commonwealth and in
21 the geographical region of the United States of which this
22 Commonwealth is a part. Adoption of nationally recognized
23 codes such as these pursuant to this act will insure that
24 this Commonwealth has a uniform, modern construction code
25 which will insure safe, healthy and sanitary construction.
26 Section 4. Definitions.
27 The following words and phrases when used in this act shall
28 have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30 "Board of appeals." The body consisting of not less than
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1 three nor more than seven persons created by a municipality
2 under section 9 to hear the appeals from decisions of a
3 construction code inspector.
4 "BOCA." Building Officials and Code Administrators
5 International, Inc.
6 "Building." Any structure use or intended for supporting or
7 sheltering any use or occupancy.
8 "CABO." Council of American Building Officials.
9 "Code." The Statewide uniform construction code as adopted
10 by this act.
11 "Construction." The construction, erection, reconstruction,
12 alteration, conversion, demolition, removal, repair or equipping
13 of building of structures.
14 "Council." The Construction Code Evaluation Council.
15 "Department." The Department of Community Affairs of the
16 Commonwealth.
17 "Fund." The Uniform Construction Code Fund established under
18 section 9.
19 "Industrialized housing." As defined in the act of May 11,
20 1972 (P.L.286, No.70), known as the Industrialized Housing Act.
21 "Maintenance." The replacement or repair of existing work
22 with equivalent materials or the provision of additional work or
23 material for the purpose of the safety, healthfulness and upkeep
24 of the structure and the adherence to the other standards of
25 upkeep as are required in the interest of public health, safety
26 and welfare.
27 "Manufactured housing." Housing which bears a label, as
28 required by and referred to in the act of November 17, 1982
29 (P.L.676, No.192), known as the Manufactured Housing
30 Construction and Safety Standards Authorization Act, which
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1 certifies that it conforms to Federal construction and safety
2 standards adopted pursuant to the Housing and Community
3 Development Act of 1974 (Public Law 93-383, 88 Stat. 139).
4 "Municipality." Any city, borough, incorporated town or
5 township.
6 "Owner." The owner or owners in fee of the property of a
7 lesser estate therein, a mortgagee or vendee in possession and
8 assignee of rents, receiver, executor, trustee, lessee or any
9 other person, firm or corporation, directly or indirectly in
10 control of a building, structure or real property. The term
11 includes any department or agency of the Commonwealth.
12 "Structure." A combination of materials to form a
13 construction for occupancy, use of ornamentation whether
14 installed on, above or below the surface of a parcel of land.
15 The term shall be construed as though followed by the words "or
16 part thereof and all equipment therein" unless the context
17 clearly requires a different meaning.
18 Section 5. Application.
19 (a) General.--This act shall apply to the construction,
20 alteration, repair, use, occupancy and maintenance of all
21 buildings and structures in this Commonwealth.
22 (b) Exclusions.--This act shall not apply:
23 (1) In cities of the first class or cities of the second
24 class.
25 (2) To any new buildings or renovations to existing
26 buildings on which a contract for design has been signed
27 prior to the effective date of the regulations promulgated
28 under this act.
29 (c) Prior permits and construction.--A construction permit
30 issued under valid construction regulations prior to the
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1 effective date of the regulations issued under this act shall
2 remain valid, and the construction of any building or structure
3 may be completed pursuant to and in accordance with the permit.
4 The construction of any building or structure started before the
5 effective date of the regulations issued under this act that did
6 not as of the date construction commenced require a construction
7 permit may be completed without a construction permit.
8 (d) Preemption.--Any other construction regulations provided
9 by any statute or by local ordinance or validly promulgated or
10 enacted by any board, department, commission or agency of State
11 and local government shall continue in effect only until the
12 effective date of regulations promulgated under this act, at
13 which time they shall be preempted by such regulations and
14 deemed repealed.
15 Section 6. Uniform construction code.
16 (a) Regulations.--The department shall, within 180 days of
17 enactment of this act, promulgate regulations adopting, as a
18 uniform construction code, the BOCA National Building Code, 1993
19 Edition, excluding Chapter 13, Energy Conservation. The
20 department shall also promulgate regulations for the Council of
21 American Building Officials (CABO) One and Two Family Dwelling
22 Code, 1992 Edition, excluding Part VII-Energy Conservation and
23 Chapter 25 of Part V-Sewers and Private or Individual Sewage
24 Disposal Systems, which shall apply to the construction of one-
25 family and two-family residential dwellings, unless the builder
26 or contractor elects to comply with the regulations implementing
27 the 1993 BOCA National Building Code. The regulations adopted by
28 the department implementing these codes shall supersede and
29 preempt all local building and maintenance codes regulating any
30 aspect of the construction, alteration, repair, use, occupancy
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1 and maintenance of buildings adopted or enforced by any
2 municipality or authority or pursuant to any deed restriction,
3 rule, regulation, ordinance, resolution, tariff or order of any
4 public utility or any State or local board, agency, commission
5 or homeowner's association, except as may be otherwise
6 specifically provided in this act. No State, county, municipal
7 or local board or agency may hereafter adopt any ordinance,
8 resolution, rule or regulation which regulates construction,
9 alteration, repair, use, occupancy and maintenance of buildings
10 and structures in this Commonwealth.
11 (b) Modifications.--The department, with the approval of the
12 council, after one or more public hearings, may recommend to the
13 General Assembly modifications to the uniform construction code.
14 Any recommended modification to the uniform construction code
15 shall meet the following criteria:
16 (1) It shall be consistent with the latest and most
17 effective technology.
18 (2) It shall not be in conflict with existing safeguards
19 for public health and safety.
20 (3) It shall be economically feasible.
21 (4) Consideration shall be given to construction
22 standards promulgated by national and other State
23 governmental agencies or private organizations and any other
24 available construction code data.
25 Section 7. Construction Code Evaluation Council.
26 (a) Organization of council.--
27 (1) The Construction Code Evaluation Council is created
28 within the department. The department shall provide
29 administrative support for the council. The council shall
30 consist of nine members appointed by the Governor within 60
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1 days of the effective date of this act: one architect
2 registered in this Commonwealth; two professional engineers
3 registered in this Commonwealth, one of whom shall be a
4 mechanical or electrical engineer and one of whom shall be a
5 structural engineer; one municipal code official within this
6 Commonwealth; three members of the construction industry, one
7 of whom shall be involved in commercial or industrial
8 construction, one of whom shall be involved in residential
9 construction and one of whom shall be involved in mechanical
10 or electrical construction; one fire protection official; and
11 one representative of the training and certification program
12 established or approved by the department pursuant to section
13 10. Each member shall serve for a period of four years or
14 until a successor has been appointed.
15 (2) The council shall meet annually at which time the
16 council shall elect from its membership a president who shall
17 serve for one year or until a successor is duly elected. The
18 council may meet at such other times as the council deems
19 appropriate. Meetings of the council may be called in
20 accordance with rules and regulations promulgated by the
21 council. Public notice of the time and place of meetings of
22 the council shall be given in the Pennsylvania Bulletin.
23 (3) Should a vacancy in the office of president occur,
24 the remaining members of the council shall fill that vacancy
25 by election.
26 (4) A majority of the council members present at any
27 meeting shall constitute a quorum for the transaction of all
28 business.
29 (b) Powers of council.--
30 (1) The council shall review and approve any proposed
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1 and existing rules and regulations necessary to the
2 administration and enforcement of this act.
3 (2) The council shall consider and rule on municipal
4 petitions for permission to adopt an ordinance different from
5 the regulations adopted under subsection (c).
6 (c) Exceptions.--Municipalities which have a unique and
7 compelling local climatic, geologic, topographic or public
8 safety circumstance which may necessitate a building code
9 standard different from the 1993 BOCA Code or the 1992 CABO Code
10 under section 6 may petition the evaluation council for
11 permission to adopt an ordinance different from the regulations
12 adopted under this act. The council shall have the power to
13 grant an exception to any municipality from the requirements of
14 the 1993 BOCA Code or the 1992 CABO Code requirements if it
15 finds that certain unique and compelling local climatic,
16 geologic, topographic or public safety circumstance is justified
17 and the public health and welfare is not jeopardized. Procedures
18 shall be in accordance with regulations adopted by the
19 department which shall provide, at a minimum, publication in the
20 Pennsylvania Bulletin of:
21 (1) The text of and a summary of the proposed
22 amendments.
23 (2) A 30-day public comment period prior to approval.
24 (3) A 30-day advance notice of the time and place of a
25 public hearing on the proposed amendments.
26 Any action taken by the council in granting an exception to a
27 municipality shall be applicable only to that municipality.
28 (d) Report.--The department shall make an annual report to
29 the General Assembly of any exceptions approved by the council.
30 Section 8. Enforcement.
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1 (a) Administration.--This act shall be administered in any
2 one of the following ways:
3 (1) This act shall be enforced by any municipality which
4 has adopted an ordinance providing for municipal
5 administration and enforcement of this act. In municipalities
6 which have not adopted such an ordinance, it shall be the
7 responsibility of the person, firm or corporation who
8 constructs or renovates a building or structure to obtain a
9 State-certified construction code inspector to conduct the
10 inspections required by the applicable code, except that for
11 one-family and two-family dwelling units, only four
12 inspections shall be conducted, which shall include a footer
13 foundation inspection, a close-in inspection (plumbing,
14 mechanical and frame), an electrical inspection and a final
15 inspection.
16 (2) A private third-party agency may be retained by a
17 municipality to act on behalf of the municipality for
18 enforcement of this act, provided that the agency performing
19 the work has been certified by the department.
20 (3) A municipality which decides to not administer and
21 enforce the code shall request the department assume the
22 enforcement of this act for all construction, except for
23 construction of one-family and two-family dwellings. The
24 department shall set by regulation fees for plan review,
25 construction permit, demolition and other permit. These fees
26 shall not exceed the reasonable and actual costs for the
27 administration of the code. The fees and interest accrued
28 shall be deposited in a separate restricted Uniform
29 Construction Code Fund account, to be used solely for the
30 administration and enforcement of the code. The department
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1 shall provide for a departmental appeal process in lieu of an
2 appeal to a municipal board of appeals.
3 (b) Financial interest prohibited.--A construction code
4 inspector shall not review or approve any plans for or
5 construction of any building or structure in which he has any
6 financial interest.
7 Section 9. Municipal administration and enforcement.
8 (a) Inspector appointed.--Where the municipality has adopted
9 an ordinance for the administration and enforcement of this act,
10 the governing body in each municipality shall appoint a State-
11 certified construction inspector to administer and enforce the
12 code or require existing construction code inspectors to become
13 certified within two years of the effective date of this act.
14 (b) Administrative fees.--Where the municipality has adopted
15 an ordinance for the administration and enforcement of this act,
16 the governing body, in accordance with regulations adopted by
17 the department, shall set by resolution or ordinance
18 administrative fees for plan review and construction, demolition
19 and other permits. These fees shall not exceed the reasonable
20 and actual costs for the administration of the code. The fees
21 and interest accrued shall be deposited in a separate restricted
22 Uniform Construction Code Fund account, to be used solely for
23 the administration and enforcement of the code. No fees shall be
24 placed in the municipality's general fund.
25 (c) Permit requirement.--The permit application shall be in
26 accordance with regulations established by the department.
27 (d) Examination and approval of permit applications.--Where
28 the municipality has adopted an ordinance for the administration
29 and enforcement of this act, the construction code inspector
30 shall examine each application for a construction permit. If the
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1 application conforms to this act, the construction code
2 inspector shall approve the application and shall issue a
3 construction permit to the applicant. Every application for a
4 construction permit for one-family and two-family dwellings
5 shall be granted or denied, in whole or in part, within 15
6 business days of the filing date. All other construction permits
7 shall be granted or denied, in whole or in part, within 45
8 business days of the filing date. If an application is denied in
9 whole or in part, the construction code inspector shall set
10 forth the reasons in writing. If an application is not granted
11 or denied, in whole or in part, within the above-stated time
12 limits, the application will be deemed approved.
13 Section 10. Board of appeals.
14 (a) Board established.--Where the municipality has adopted
15 an ordinance for the administration and enforcement of this act,
16 it shall establish a construction board of appeals to hear
17 appeals from decisions of the construction code inspector. An
18 application for appeal shall be based on a claim that the true
19 intent of this code or rules legally adopted thereunder have
20 been incorrectly interpreted, the provisions of this code do not
21 fully apply or an equivalent form of construction is to be used.
22 (b) Membership.--The board of appeals shall consist of five
23 members appointed by the chief appointing authority as follows:
24 one for five years, one for four years, one for three years, one
25 for two years and one for one year. Thereafter, each new member
26 shall serve for five years or until a successor has been
27 appointed.
28 (c) Qualifications.--The board of appeals shall consist of
29 five individuals, one from each of the following professions or
30 disciplines:
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1 (1) One registered design professional that is a
2 registered architect or a builder or superintendent of
3 building construction with at least ten years' experience,
4 five of which shall have been in responsible charge of work.
5 (2) One registered design professional with structural
6 engineering or architectural experience.
7 (3) One registered design professional with mechanical
8 or plumbing engineering experience or a mechanical or
9 plumbing contractor with at least ten years' experience, five
10 of which shall have been in responsible charge of work.
11 (4) One registered design professional with electrical
12 engineering experience or an electrical contractor with at
13 least ten years' experience, five of which shall have been in
14 responsible charge of work.
15 (5) One registered design professional with fire
16 protection engineering experience or a fire protection
17 contractor with at least ten years' experience, five of which
18 shall have been in responsible charge of work.
19 Section 11. Training and certification.
20 (a) Written examination.--The department shall by regulation
21 and implementation develop a program for the testing and
22 certification by written examination to determine if a person is
23 qualified by this act to be eligible to be a construction code
24 inspector. A fee set by the department will be charged to
25 participants in this program. The department may contract with a
26 third party to provide the code educational programs. Upon
27 determination of qualification, the department shall issue a
28 certificate to the construction code inspector stating that he
29 is so certified. The department is empowered to decertify
30 construction code inspectors for just cause.
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1 (b) Levels of certification.--The department shall by
2 regulation create various categories of certification. These
3 categories will consist of, but not be limited to, building
4 inspector, one-family and two-family dwelling combination
5 inspector, one-family and two-family building inspector,
6 combination commercial inspector and master code official.
7 (c) Continuing education.--The department shall require
8 continuing educational programs designed to train and assist
9 construction code inspectors in carrying out their
10 responsibilities.
11 Section 12. Exemptions.
12 This act shall not apply to manufactured housing which bears
13 a label, as required by and referred to in the act of November
14 17, 1982 (P.L.676, No.192), known as the Manufactured Housing
15 Construction and Safety Standards Authorization Act, which
16 certifies that it conforms to Federal construction and safety
17 standards adopted pursuant to the Housing and Community
18 Development Act of 1974 (Public Law 93-383, 88 Stat. 139), nor
19 shall it apply to industrialized housing, as defined in the act
20 of May 11, 1972 (P.L.286, No.70), known as the Industrialized
21 Housing Act.
22 Section 13. Savings.
23 This act shall not repeal or in any way affect:
24 (1) The act of January 24, 1966 (1965 P.L.1535, No.537),
25 known as the Pennsylvania Sewage Facilities Act, and
26 regulations promulgated thereunder.
27 (2) The act of December 15, 1980 (P.L.1203, No.222),
28 known as the Building Energy Conservation Act, and
29 regulations promulgated thereunder.
30 Section 14. Penalties.
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1 Any person, firm or corporation that violates any provision
2 of this act commits a summary offense and shall, upon
3 conviction, be sentenced to pay a fine not to exceed $500.
4 Section 15. Repeals.
5 (a) Absolute.--The act of April 27, 1927 (P.L.465, No.299),
6 referred to as the Fire and Panic Act, is repealed.
7 (b) General.--All other acts and parts of acts are repealed
8 insofar as they are inconsistent with this act.
9 Section 16. Effective date.
10 This act shall take effect in 60 days.
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