PRINTER'S NO. 260
No. 263 Session of 1999
INTRODUCED BY BUXTON, McGILL, VEON, SAYLOR, TULLI, McNAUGHTON,
BARLEY, MARSICO, COY, CORRIGAN, BEBKO-JONES, BATTISTO,
STURLA, READSHAW, SOLOBAY, ROONEY, NAILOR, GEIST, VANCE,
PIPPY, CAPPABIANCA, LAUGHLIN, ARMSTRONG, MUNDY, BELARDI,
PESCI, LYNCH, MASLAND, BELFANTI, LEDERER, EACHUS, MAITLAND,
KREBS, FICHTER, VAN HORNE, RUBLEY, McCALL, MICOZZIE,
PETRARCA, SHANER, WOJNAROSKI, HERMAN, STEIL, MICHLOVIC,
ROHRER, HALUSKA, KIRKLAND, HERSHEY, GORDNER, PLATTS,
E. Z. TAYLOR, STERN, SAINATO, MAHER, S. MILLER, GODSHALL,
ZUG, CURRY, ORIE, BENNINGHOFF, DeLUCA, RAYMOND, ADOLPH,
BARRAR, SEMMEL, COLAFELLA, SERAFINI, BROWNE, HARHAI, WILT,
CIVERA, M. COHEN, CLYMER AND HANNA, FEBRUARY 2, 1999
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 2, 1999
AN ACT
1 Providing for a uniform construction code.
2 TABLE OF CONTENTS
3 Chapter 1. Preliminary Provisions
4 Section 101. Short title.
5 Section 102. Legislative findings and purpose.
6 Section 103. Definitions.
7 Section 104. Application.
8 Section 105. Department of Labor and Industry.
9 Section 106. Accessibility Advisory Board.
10 Chapter 3. Adoption of Uniform Construction Code
11 Section 301. Adoption by regulations.
12 Section 302. Related standards.
1 Section 303. Existing municipal building codes.
2 Section 304. Revised or successor codes.
3 Chapter 5. Adoption and Enforcement by Municipalities
4 Section 501. Administration and enforcement.
5 Section 502. Consideration of applications and inspections.
6 Section 503. Changes in Uniform Construction Code.
7 Section 504. Appeals.
8 Chapter 7. Training and Certification of Inspectors
9 Section 701. Training of inspectors.
10 Section 702. Reciprocity.
11 Chapter 9. Exemptions and Penalties
12 Section 901. Exemptions.
13 Section 902. Penalties.
14 Chapter 11. Miscellaneous Provisions
15 Section 1101. Savings.
16 Section 1102. Repeals.
17 Section 1103. Effective date.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 CHAPTER 1
21 PRELIMINARY PROVISIONS
22 Section 101. Short title.
23 This act shall be known and may be cited as the Uniform
24 Construction Code Act.
25 Section 102. Legislative findings and purpose.
26 (a) Findings.--The General Assembly finds as follows:
27 (1) Many municipalities within this Commonwealth have no
28 construction codes to provide for the protection of life,
29 health, property and the environment and for the safety and
30 welfare of the consumer, general public and the owners and
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1 occupants of buildings and structures. Consumers and
2 occupants may be at risk from substandard construction.
3 (2) Likewise, in some regions of this Commonwealth a
4 multiplicity of construction codes currently exist and some
5 of these codes may contain cumulatively needless requirements
6 which limit the use of certain materials, techniques or
7 products and lack benefits to the public. Moreover, the
8 variation of construction standards caused by the
9 multiplicity of codes may slow the process of construction
10 and increase the costs of construction.
11 (3) The way to insure uniform, modern construction
12 standards and regulations throughout this Commonwealth is to
13 adopt a Uniform Construction Code.
14 (4) The model code of the Building Officials and Code
15 Administrators International, Inc. (BOCA), is a construction
16 code which has been widely adopted in this Commonwealth and
17 in the geographical region of the United States of which this
18 Commonwealth is a part. Adoption of a nationally recognized
19 code will insure that this Commonwealth has a uniform, modern
20 construction code which will insure safety, health and
21 sanitary construction.
22 (b) Intent.--It is the intent of the General Assembly and
23 the purpose of this act:
24 (1) To provide standards for the protection of life,
25 health, property and environment and for the safety and
26 welfare of the consumer, general public and the owners and
27 occupants of buildings and structures.
28 (2) To encourage standardization and economy in
29 construction by providing requirements for construction and
30 construction materials consistent with nationally recognized
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1 standards.
2 (3) To permit to the fullest extent feasible the use of
3 state-of-the-art technical methods, devices and improvements
4 consistent with reasonable requirements for the health,
5 safety and welfare of occupants or users of buildings and
6 structures.
7 (4) To eliminate existing codes to the extent that these
8 codes are restrictive, obsolete, conflicting and contain
9 duplicative construction regulations that tend to
10 unnecessarily increase costs or retard the use of new
11 materials, products or methods of construction or provide
12 preferential treatment to certain types or classes of
13 materials or methods of construction.
14 (5) To eliminate unnecessary duplication of effort and
15 fees related to the review of construction plans and the
16 inspection of construction projects.
17 (6) To assure that officials charged with the
18 administration and enforcement of the technical provisions of
19 this act are adequately trained and supervised.
20 (7) To insure that existing Commonwealth laws and
21 regulations, including those which would be repealed or
22 rescinded by this act, would be fully enforced during the
23 transition to Statewide administration and enforcement of a
24 Uniform Construction Code. Further, it is the intent of this
25 act that the Uniform Construction Code requirements for
26 making buildings accessible to and usable by persons with
27 disabilities do not diminish from those requirements
28 previously in effect under the former provisions of the act
29 of September 1, 1965 (P.L.459, No.235), entitled, as amended,
30 "An act requiring that certain buildings and facilities
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1 adhere to certain principles, standards and specifications to
2 make the same accessible to and usable by persons with
3 physical handicaps, and providing for enforcement."
4 (8) To start a process leading to the design,
5 construction and alteration of buildings under a uniform
6 standard.
7 Section 103. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Advisory board." The Accessibility Advisory Board created
12 in section 106.
13 "Agricultural building." A structure utilized to store farm
14 implements, hay, feed, grain or other agricultural or
15 horticultural products or to house poultry, livestock or other
16 farm animals. The term shall not include habitable space, spaces
17 in which agricultural products are processed, treated or
18 packaged and shall not be construed to mean a place of occupancy
19 by the general public.
20 "Board of appeals." The body created by a municipality or
21 more than one municipality to hear appeals from decisions of the
22 code administrator as provided for by Chapter 1 of the Building
23 Officials and Code Administrators International, Inc., National
24 Building Code.
25 "BOCA." The Building Officials and Code Administrators
26 International, Inc.
27 "CABO." The Council of American Building Officials.
28 "Code administrator." A municipal code official, a
29 construction code official, a third party agency or the
30 Department of Labor and Industry.
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1 "Construction code official." An individual certified by the
2 Department of Labor and Industry in an appropriate category
3 established pursuant to section 701(b) to perform plan review of
4 construction documents, inspect construction or administer and
5 enforce codes and regulations in such code category under this
6 act or related acts.
7 "Department." The Department of Labor and Industry of the
8 Commonwealth.
9 "Habitable space." Space in a structure for living,
10 sleeping, eating or cooking. Bathrooms, toilet compartments,
11 closets, halls, storage or utility spaces and similar areas are
12 not considered habitable spaces.
13 "Industrialized housing." The meaning ascribed to that term
14 in the act of May 11, 1972 (P.L.286, No.70), known as the
15 Industrialized Housing Act.
16 "Manufactured housing." Housing which bears a label, as
17 required by and referred to in the act of November 17, 1982
18 (P.L.676, No.192), known as the Manufactured Housing
19 Construction and Safety Standards Authorization Act, which
20 certifies that it conforms to Federal construction and safety
21 standards adopted under the Housing and Community Development
22 Act of 1974 (Public Law 93-383, 88 Stat. 139).
23 "Municipal code official." An individual employed by a
24 municipality or more than one municipality and certified by the
25 Department of Labor and Industry under this act to perform plan
26 review of construction documents, inspect construction or
27 administer and enforce codes and regulations under this act or
28 related acts.
29 "Municipality." Any city, borough, incorporated town,
30 township or home rule municipality.
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1 "Occupancy." The purpose for which a building, or portion
2 thereof, is used.
3 "Secretary." The Secretary of Labor and Industry of the
4 Commonwealth.
5 "Technically infeasible." An alteration of a building or a
6 facility that has little likelihood of being accomplished
7 because the existing structural conditions require the removal
8 or alteration of a loadbearing member that is an essential part
9 of the structural frame, or because other existing physical or
10 site constraints prohibit modification or addition of elements,
11 spaces or features which are in full and strict compliance with
12 the minimum requirements for new construction and which are
13 necessary to provide accessibility.
14 "Third-party agency." A person, firm or corporation
15 certified by the Department of Labor and Industry as a
16 construction code official and contracted to perform plan review
17 of construction documents, inspect construction or administer
18 and enforce codes and regulations under this act.
19 "Utility and miscellaneous use structures." Buildings or
20 structures of an accessory character and miscellaneous
21 structures not classified by the Building Officials and Code
22 Administrators International, Inc., in any specific use group.
23 The term includes carports, detached private garages,
24 greenhouses and sheds having a building area less than 1,000
25 square feet.
26 Section 104. Application.
27 (a) Inclusions.--This act shall apply to the construction,
28 alteration, repair and occupancy of all buildings in this
29 Commonwealth.
30 (b) Exclusions.--This act shall not apply to:
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1 (1) any new buildings or renovations to existing
2 buildings for which an application for a building permit has
3 been made to the municipality prior to the effective date of
4 the regulations promulgated under this act;
5 (2) any new buildings or renovations to existing
6 buildings on which a contract for design or construction has
7 been signed prior to the effective date of the regulations
8 promulgated under this act on projects requiring department
9 approval;
10 (3) any utility and miscellaneous use structures that
11 are accessory to detached one-family dwellings except for
12 swimming pools and spas; or
13 (4) any agricultural building.
14 (c) Existing construction.--A construction permit issued
15 under valid construction regulations prior to the effective date
16 of the regulations issued under this act shall remain valid, and
17 the construction of any building or structure may be completed
18 pursuant to and in accordance with the permit. However, if the
19 requirements of the permit have not been actively prosecuted
20 within two years of the effective date of the regulations or the
21 period specified by a municipal ordinance, whichever is less,
22 the former permit holder shall be required to acquire a new
23 permit. Where construction of a building or structure commenced
24 before the effective date of the regulations promulgated under
25 this act and a permit was not required at that time,
26 construction may be completed without a permit.
27 (d) Existing standards.--
28 (1) Except as otherwise provided in this act, any
29 construction standards provided by any statute or local
30 ordinance or regulation promulgated or adopted by a board,
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1 department, commission, agency of State government or agency
2 of local government shall continue in effect only until the
3 effective date of regulations promulgated under this act, at
4 which time they shall be preempted by regulations promulgated
5 under this act and deemed thereafter to be rescinded.
6 (2) (i) Except as otherwise provided in this act and as
7 specifically excepted in subparagraph (ii), a homeowners'
8 association or community association shall be preempted
9 from imposing any building construction standards or
10 building codes for buildings to be constructed,
11 renovated, altered or modified.
12 (ii) In municipalities which have not adopted an
13 ordinance for the administration and enforcement of this
14 act, a homeowners' association or community association
15 may enact by board regulations the Uniform Construction
16 Code or the CABO One and Two Family Dwelling Code, latest
17 edition. The applicable building code shall constitute
18 the standard governing building structures in the
19 association's community.
20 (e) Work rules or qualifications.--Nothing in this act shall
21 prohibit a municipality from licensing any persons engaged in
22 construction activities or from establishing any work rules or
23 qualifications for such persons.
24 Section 105. Department of Labor and Industry.
25 (a) Review.--Except for complaints arising out of a
26 municipal ordinance enacted under section 503(a), the department
27 may with reasonable cause review municipalities, municipal code
28 officials, third-party agencies, construction code officials and
29 code administrators concerning the enforcement and
30 administration of the Uniform Construction Code, including
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1 specifically complaints concerning accessibility requirements.
2 The department shall make a report to the governing body of the
3 municipality that was the subject of the review. The report
4 shall include recommendations to address any deficiency observed
5 by the department. The department may require compliance with
6 the Uniform Construction Code through proceedings in
7 Commonwealth Court.
8 (b) State-owned buildings.--The department shall maintain
9 plan and specification review and inspection authority over all
10 State-owned buildings. State-owned buildings shall be subject to
11 regulations promulgated under this act. The department shall
12 notify municipalities of all inspections of State-owned
13 buildings and give municipalities the opportunity to observe the
14 department inspection of such buildings. Municipalities shall
15 notify the department of all inspection of buildings owned by
16 political subdivisions and give the department the opportunity
17 to observe municipal inspection of such buildings. The
18 department shall make available to municipalities, upon request,
19 copies of all building plans and plan review documents in the
20 custody of the department for State-owned buildings. A
21 municipality shall make available to the department upon request
22 copies of all building plans and plan review documents in the
23 custody of the municipality for buildings owned by political
24 subdivisions.
25 (c) Specific areas.--
26 (1) The department shall maintain Statewide
27 administration and inspection authority over ski lifts,
28 inclined passenger lifts and related devices, and elevators,
29 conveying systems and related equipment as defined in section
30 3002.0 (definitions) of Chapter 30 of the 1996 BOCA National
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1 Building Code, Thirteenth Edition.
2 (2) Notwithstanding Chapters 2 and 3, the department
3 may, subject to the act of June 25, 1982 (P.L.633, No.181),
4 known as the Regulatory Review Act, by regulation, modify the
5 BOCA Building Code Referenced Standards for elevator
6 construction, repair, maintenance and inspection. The
7 department shall not require reshackling more than once every
8 two years.
9 (3) Nothing in this section shall be construed to
10 disallow third-party elevator inspections.
11 (d) Noninterference.--Nothing in this act, the regulations
12 under this act or the administration of this act or the
13 regulations by the department shall contravene the right of
14 builders to freely compete for and perform contracts for
15 construction of commercial buildings in this Commonwealth.
16 Section 106. Accessibility Advisory Board.
17 (a) Board created.--There is hereby created an Accessibility
18 Advisory Board which shall be composed of eleven members
19 appointed by the secretary. At least six members of the advisory
20 board shall be public members, three of whom shall be persons
21 with physical disabilities, one shall be an architect registered
22 in Pennsylvania, one shall be a member of the business community
23 and one shall be a representative of the multifamily housing
24 industry. One member shall be a municipal official. The chairman
25 and minority chairman of the Labor and Industry Committee of the
26 Senate and the chairman and minority chairman of the Labor
27 Relations Committee of the House of Representatives, or their
28 designees, shall be members. All members of the advisory board,
29 except the members of the General Assembly, shall serve for a
30 term of two years and until their successors are appointed. The
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1 members of the advisory board shall be paid traveling expenses
2 and other necessary expenses and may receive a per diem
3 compensation at a rate to be determined by the secretary for
4 each day of actual service in the performance of their duties
5 under this act. Meetings of the advisory board shall be called
6 by the secretary. A quorum of the advisory board shall consist
7 of four members. The initial advisory board shall be the body
8 constituted under the former provisions of section 3.1 of the
9 act of September 1, 1965 (P.L.459, No.235), entitled, as
10 amended, "An act requiring that certain buildings and facilities
11 adhere to certain principles, standards and specifications to
12 make the same accessible to and usable by persons with physical
13 handicaps, and providing for enforcement."
14 (b) Review of regulations.--The advisory board shall review
15 all proposed regulations under this act and shall offer comment
16 and advice to the secretary on all issues relating to
17 accessibility by persons with physical disabilities, including
18 those which relate to the enforcement of the accessibility
19 requirements.
20 (c) Review of applications.--The advisory board shall review
21 all applications from individual projects for modifications of
22 the provisions of Chapter 11 (Accessibility) of the Uniform
23 Construction Code and any other accessibility requirements
24 contained in or referenced by the Uniform Construction Code, and
25 shall advise the secretary regarding whether modification should
26 be granted or whether compliance by existing facilities with
27 provisions of Chapter 11 (Accessibility) of the Uniform
28 Construction Code and any other accessibility requirements
29 contained in or referenced by the Uniform Construction Code is
30 technically infeasible.
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1 CHAPTER 3
2 ADOPTION OF UNIFORM CONSTRUCTION CODE
3 Section 301. Adoption by regulations.
4 (a) General rule.--The department shall, within 180 days of
5 the effective date of this section, promulgate regulations
6 adopting the 1996 BOCA National Building Code, Thirteenth
7 Edition, as a Uniform Construction Code, except as provided in
8 section 105(c)(2) and this section. The department shall
9 promulgate separate regulations which may make changes to
10 Chapter 1 of the 1996 BOCA National Building Code that are
11 necessary for the department's implementation of this act. The
12 regulations shall include a provision that all detached one-
13 family and two-family dwellings that are not more than three
14 stories in height shall be designed and constructed either in
15 accordance with the CABO One and Two Family Dwelling Code,
16 latest edition, or in accordance with the requirements of the
17 Uniform Construction Code at the option of the building permit
18 applicant. The provision shall require that an irrevocable
19 election be made at the time plans are submitted for review and
20 approval. The regulations shall include a provision that the
21 secretary shall have the exclusive power to grant modifications
22 and decide issues of technical infeasibility under Chapter 11
23 (Accessibility) of the Uniform Construction Code and any other
24 accessibility requirements contained in or referenced by the
25 Uniform Construction Code for individual projects. The secretary
26 shall consider the recommendations of the advisory board as
27 provided in section 106(c). The department shall consider the
28 comments of the advisory board with respect to accessibility
29 issues in any proposed regulations. The regulations shall
30 include the provisions of exception 8 to section 1014.6
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1 (relative to stairway treads and risers) of the 1993 BOCA
2 National Building Code, Twelfth Edition and the provisions of
3 section R-213.1 (relative to stairways) of the CABO One and Two
4 Family Dwelling Code, 1992 edition, which provisions shall
5 continue in effect until December 31, 2003, and such provisions
6 shall be applicable notwithstanding section 303(b), which shall
7 not apply to the provisions of any municipal building code
8 ordinance which equals or exceeds these provisions.
9 (b) Local codes superseded.--The regulations adopted by the
10 department implementing these codes shall supersede and preempt
11 all local building codes regulating any aspect of the
12 construction, alteration and repair of buildings adopted or
13 enforced by any municipality or authority or pursuant to any
14 deed restriction, rule, regulation, ordinance, resolution,
15 tariff or order of any public utility or any State or local
16 board, agency, commission or homeowners' association, except as
17 may be otherwise specifically provided in this act.
18 (c) Review and inspection fees.--The department may
19 establish by regulation plan review and inspection fees where
20 the department is responsible for administration and enforcement
21 and requirements for municipal notification to the department of
22 ordinance adoption and repeal under Chapter 5.
23 (d) Retention and sharing of records.--The department shall
24 establish by regulation standards for the retention and sharing
25 of building plans and other documents, for other than one-family
26 or two-family dwelling units and utility and miscellaneous
27 structures, by the department, municipalities and third-party
28 agencies.
29 Section 302. Related standards.
30 (a) Fuel Gas Code.--The department shall, within 180 days of
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1 the effective date of this section, promulgate regulations
2 adopting the International Fuel Gas Code for the installation of
3 fuel gas piping systems, fuel gas utilization equipment and
4 related accessories. Where differences occur between provisions
5 of the Uniform Construction Code and the International Fuel Gas
6 Code, the provisions of the International Fuel Gas Code shall
7 apply.
8 (b) Exclusions.--The standards referenced in Chapters 30 and
9 35, or the applicable chapter, of the BOCA National Building
10 Code and the American National Standards for Passenger Tramways,
11 Aerial Tramways, Aerial Lifts, Surface Lists and Tows, ASME/ANSI
12 B77.1, shall be considered part of the requirements of the
13 Uniform Construction Code to the prescribed extent of each such
14 reference except that BNPMC-96 BOCA National Property
15 Maintenance Code and ASME/ANSI A17.3 (safety code for existing
16 elevators and escalators) shall be excluded. Nothing contained
17 in this act shall preempt the ability of a municipality to adopt
18 or enforce the codes referred to in this subsection to the
19 extent not referenced, in whole or in part, in Chapter 35 or
20 applicable chapter of the BOCA National Building Code.
21 (c) Energy-related standards.--The department shall, within
22 180 days of the effective date of this section, by regulation
23 promulgate prescriptive methods to implement the energy-related
24 standards of the Uniform Construction Code which take into
25 account the various climatic conditions through this
26 Commonwealth. In deriving these standards the department shall
27 seek to balance energy savings with initial construction costs.
28 Section 303. Existing municipal building codes.
29 (a) Certain local ordinances affected.--Except as provided
30 in subsection (d), all municipal building code ordinances in
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1 effect on January 1, 1997, that do not comply with the minimum
2 requirements of the regulations promulgated under this act shall
3 be amended by the effective date of the regulations promulgated
4 under this act to provide for the minimum requirements.
5 (b) Interim ordinances.--Except as provided in subsection
6 (d), all municipal building code ordinances in effect on January
7 1, 1997, or reenactments of provisions of simultaneously
8 repealed ordinances which were originally adopted prior to
9 January 1, 1997, which contain provisions which equal or exceed
10 the specific requirements of the regulations promulgated under
11 this act shall remain in effect until December 31, 2003, by
12 which time they shall be amended to incorporate the specific
13 requirements of the regulations promulgated under this act or
14 shall be amended using the provisions of Chapter 5 to
15 incorporate provisions which equal or exceed the specific
16 requirements of the regulations promulgated under this act.
17 (c) Local ordinances limited.--Except as provided in
18 subsection (d), any municipal building code ordinance adopted or
19 effective after January 1, 1997, except reenactments of
20 provisions of simultaneously repealed ordinances which were
21 originally adopted prior to January 1, 1997, shall continue in
22 effect only until the effective date of the regulations
23 promulgated under this act, at which time the municipal building
24 code ordinance shall be preempted by the regulations promulgated
25 under this act and shall be deemed thereafter to be rescinded.
26 (d) Cities of the first class.--Any municipal building code
27 ordinance in effect or adopted by a city of the first class by
28 July 1, 1997, shall remain in effect until December 31, 2003, by
29 which time the ordinance shall be amended to incorporate the
30 specific requirements of the regulations promulgated under this
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1 act or shall be amended using the provisions of Chapter 5 to
2 incorporate provisions which equal or exceed the specific
3 requirements of the regulations promulgated under this act.
4 Section 304. Revised or successor codes.
5 (a) BOCA updates.--By December 31 of the year of the
6 issuance of a new triennial BOCA National Building Code, or its
7 successor building code, the department shall promulgate
8 regulations adopting the new code as the Uniform Construction
9 Code.
10 (b) Fuel Gas Code updates.--By December 31 of the year of
11 the issuance of a new National Fuel Gas Code, or its successor
12 code, the department shall promulgate regulations adopting the
13 new code.
14 (c) Construction permits.--A construction permit issued
15 under valid construction regulations prior to the effective date
16 of regulations for a subsequent Uniform Construction Code or
17 International Fuel Gas Code issued under this act shall remain
18 valid, and the construction of any building or structure may be
19 completed pursuant to and in accordance with the permit.
20 However, if the permit has not been actively prosecuted within
21 two years of the effective date of the regulation or the period
22 specified by a municipal ordinance, whichever is less, the
23 former permit holder shall be required to acquire a new permit.
24 Where construction of a building or structure commenced before
25 the effective date of the regulations for a subsequent Uniform
26 Construction Code or International Fuel Gas Code issued under
27 this act and a permit was not required at that time,
28 construction may be completed without a permit.
29 CHAPTER 5
30 ADOPTION AND ENFORCEMENT BY MUNICIPALITIES
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1 Section 501. Administration and enforcement.
2 (a) Adoption of codes.--In order to administer and enforce
3 the provisions of this act, municipalities shall enact an
4 ordinance concurrently adopting the Uniform Construction Code as
5 their municipal building code and the International Fuel Gas
6 Code for the purposes described in section 302(a).
7 Municipalities may adopt the Uniform Construction Code and
8 incorporated codes and the International Fuel Gas Code by
9 reference. Municipalities shall have 90 days after the effective
10 date of this section to adopt such an ordinance. Municipalities
11 shall notify the department of the adoption of such an ordinance
12 within 30 days. A municipality may adopt such an ordinance at
13 any time thereafter, upon giving the department 180 days' notice
14 of its intention to adopt such ordinance.
15 (b) Enforcement.--This act may be administered and enforced
16 by municipalities in any of the following ways:
17 (1) By the designation of an employee to serve as the
18 municipal code official to act on behalf of the municipality
19 for administration and enforcement of this act.
20 (2) By the retention of one or more construction code
21 officials or third-party agencies to act on behalf of the
22 municipality for administration and enforcement of this act.
23 (3) Two or more municipalities may provide for the joint
24 administration and enforcement of this act through an
25 intermunicipal agreement under 53 Pa.C.S. Ch. 23 Subch. A
26 (relating to intergovernmental cooperation).
27 (4) By entering into a contract with the proper
28 authorities of another municipality for the administration
29 and enforcement of this act. When such a contract has been
30 entered into, the municipal code official shall have all the
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1 powers and authority conferred by law in the municipality
2 which has contracted to secure such services.
3 (5) By entering into an agreement with the department
4 for plan reviews, inspections and enforcement of structures
5 other than one-family or two-family dwelling units and
6 utility and miscellaneous use structures.
7 (c) Board of appeals.--Where the municipality has adopted an
8 ordinance for the administration and enforcement of this act,
9 the municipality shall or two or more municipalities may
10 establish a board of appeals as provided by Chapter 1 of the
11 BOCA National Building Code to hear appeals from decisions of
12 the code administrator. Members of the municipality's governing
13 body may not serve as members of the board of appeals. An
14 application for appeal shall be based on a claim that the true
15 intent of this act or regulations legally adopted under this act
16 have been incorrectly interpreted, the provisions of this act do
17 not fully apply or an equivalent form of construction is to be
18 used. When a municipality cannot find persons to serve on a
19 board of appeals who meet the minimum qualifications of Chapter
20 1 of the BOCA National Building Code, the municipality may fill
21 a position on the board with a qualified person who resides
22 outside of the municipality.
23 (d) Restrictions.--Nothing in this act shall allow a
24 municipality to prohibit a construction code official who meets
25 the requirements of Chapter 7 and remains in good standing from
26 performing inspections in the municipality. This section does
27 not alter the power and duties given to municipalities under
28 subsection (b)(1), (3) and (4).
29 (e) Plan review and inspections.--
30 (1) In municipalities which have not adopted an
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1 ordinance for the administration and enforcement of this act,
2 it shall be the duty of the municipality to notify an
3 applicant for a construction permit that it shall be the
4 responsibility of the permit applicant of one-family or two-
5 family dwelling units and utility and miscellaneous use
6 structures to obtain the services of a construction code
7 official or third-party agency with appropriate categories of
8 certification to conduct the plan review and inspections. For
9 one-family and two-family dwelling units and utility and
10 miscellaneous use structures, all of the following five
11 inspections shall be required:
12 (i) Foundation inspection.
13 (ii) Plumbing, mechanical and electrical inspection.
14 (iii) Frame and masonry inspection.
15 (iv) Wallboard inspection.
16 (v) Final inspection. The final inspection shall not
17 be deemed approved until all previous inspections have
18 been successfully completed and passed.
19 (2) In municipalities which have not adopted an
20 ordinance for the administration and enforcement of this act,
21 it shall be the duty of the municipality to notify the
22 department and an applicant for a construction permit that it
23 shall be the responsibility of the owner of structures other
24 than one-family or two-family dwelling units and utility and
25 miscellaneous structures to obtain the services of the
26 department to conduct the plan review and inspections
27 required by this act.
28 (3) A copy of the final inspection report shall be sent
29 to the property owner and to the builder and to a lender
30 designated by the builder.
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1 (4) In municipalities which require a building permit or
2 a certificate of occupancy but do not conduct inspections,
3 the code administrator shall also be required to submit a
4 copy of the report to the municipality.
5 (f) Complaints.--
6 (1) In relation to complaints arising out of Chapter 11
7 of the BOCA Code (Accessibility), any individual,
8 partnership, agency, association or corporation who
9 reasonably believes there is a violation of this act and its
10 regulations by a governmental entity or private owner may
11 file a complaint with the body responsible for enforcement of
12 the Uniform Construction Code Act. The complaint shall be in
13 writing, shall be verified and shall set forth the grounds
14 for the complaint. Within 60 days after the receipt of the
15 complaint, the code enforcement body shall respond to the
16 complaint by acknowledging receipt of the complaint in
17 writing. The enforcement body shall investigate the
18 complaints and respond to the complainant in writing with its
19 findings, determinations and any enforcement measures
20 initiated or contemplated within 120 days after the receipt
21 of the complaint. For the purpose of investigating a
22 complaint, an employee of the enforcement organization may
23 inspect at reasonable times the building or building site
24 which is the subject of the complaint and may make any
25 additional investigation deemed necessary for the full and
26 effective determination of compliance with this act and
27 regulations promulgated pursuant to it.
28 (2) Any individual, partnership, agency, association or
29 corporation aggrieved by a final determination of the
30 enforcement agency may file a petition for review within 30
19990H0263B0260 - 21 -
1 days of the final determination in the Commonwealth Court
2 pursuant to 42 Pa.C.S. § 763(a) (relating to direct appeals
3 from government agencies). The decision of the enforcement
4 agency shall not be reversed unless it is found to be
5 arbitrary, capricious, illegal or not supported by
6 substantial evidence.
7 (3) (i) Any individual, partnership, agency,
8 association or corporation who filed a complaint pursuant
9 to paragraph (1) and received no written response from
10 the enforcement agency acknowledging receipt of its
11 complaint within 60 days or received a response from the
12 enforcement agency indicating that a violation was found
13 but enforcement measures were not contemplated or
14 enforcement measures were contemplated but such measures
15 were not initiated after a period of 60 days from said
16 response may either bring suit in Commonwealth Court
17 against the agency for failure to enforce the provisions
18 of this act and regulations promulgated pursuant to it or
19 may bring a civil action in the appropriate court of
20 common pleas against a building owner or owner's agent
21 for a violation of any provisions of this act or
22 regulations promulgated pursuant to it.
23 (ii) If the court finds a violation of this act or
24 of regulations adopted pursuant to it, the court may
25 enjoin construction or remodeling of the building, direct
26 the correction of violations within a reasonable and
27 specified time period or order such other relief deemed
28 appropriate. The court, in issuing any final orders in
29 any action brought pursuant to this action, may award
30 costs of litigation, attorney and expert witness fees, to
19990H0263B0260 - 22 -
1 any party, whenever the court determines such an award is
2 appropriate. The court may, if a temporary restraining
3 order or preliminary injunction is sought, require the
4 filing of a bond or equivalent security in accordance
5 with the rules of civil procedure.
6 (iii) An architect or licensed design professional
7 who has complied with the provisions of this act and its
8 regulations and prepared construction documents in
9 accordance with accepted professional standards shall
10 have no further liability pursuant to litigation
11 commenced under this section.
12 Section 502. Consideration of applications and inspections.
13 (a) Time limits.--Every application for a construction
14 permit for one-family and two-family dwelling units and utility
15 and miscellaneous use structures shall be granted or denied, in
16 whole or in part, within 15 business days of the filing date.
17 All other construction permits shall be granted or denied, in
18 whole or in part, within 30 business days of the filing date.
19 Municipalities may establish different time limits to consider
20 applications for construction permits in historic districts. If
21 an application is denied in whole or in part, the code
22 administrator shall set forth the reasons in writing. If the
23 code administrator fails to act on an application within the
24 time prescribed, the application shall be deemed approved. The
25 time limits established in this section for permit applications
26 other than one-family and two-family dwellings may be extended
27 upon agreement in writing between the applicant and the
28 municipality for a specific number of additional days.
29 (b) Building permits restricted.--No building permit shall
30 be issued for any property which will require access to a
19990H0263B0260 - 23 -
1 highway under the jurisdiction of the Department of
2 Transportation, unless the permit contains a notice that a
3 highway occupancy permit is required pursuant to section 420 of
4 the act of June 1, 1945 (P.L.1242, No.428), known as the State
5 Highway Law, before driveway access to a State highway is
6 permitted. The department shall, within 60 days of the date of
7 receipt of an application for a highway occupancy permit:
8 (1) approve the permit;
9 (2) deny the permit;
10 (3) return the application for additional information or
11 correction to conform with department regulations; or
12 (4) determine that no permit is required, in which case
13 the department shall notify the municipality and applicant in
14 writing.
15 If the department fails to take any action within the 60-day
16 period, the permit shall be deemed to be issued. The permit
17 shall be marked to indicate that access to the State highway
18 shall be only as authorized by a highway occupancy permit.
19 Neither the department nor any municipality to which permit-
20 issuing authority has been delegated under section 420 of the
21 State Highway Law shall be liable in damages for any injury to
22 persons or property arising out of the issuance or denial of a
23 driveway permit, or for failure to regulate any driveway.
24 Furthermore, the municipality from which the building permit
25 approval has been requested shall not be held liable for damages
26 to persons or property arising out of the issuance or denial of
27 a driveway permit by the department.
28 (c) Conflict of interest.--A code administrator shall not
29 review or approve any plans for or construction of any building
30 or structure in which the code administrator has any financial
19990H0263B0260 - 24 -
1 interest.
2 Section 503. Changes in Uniform Construction Code.
3 (a) Local authority.--Municipalities may enact ordinances
4 which equal or exceed the minimum requirements of Chapter 1 of
5 the BOCA National Building Code without following the special
6 provisions of this act, except as specifically provided by this
7 act.
8 (b) Less stringent prohibited.--Subject to the provisions of
9 this act, no municipality may propose any ordinance which is
10 less than the minimum requirement of the BOCA National Building
11 Code.
12 (c) Equal or more stringent.--Subject to the provisions of
13 this act, the municipal governing body may propose an ordinance
14 to equal or exceed the minimum requirements of the Uniform
15 Construction Code under the law governing the adoption of
16 ordinances in that jurisdiction.
17 (d) Public hearing.--The municipality must hold at least one
18 public hearing prior to adoption of the ordinance.
19 (e) Notice.--The municipality shall place notice in a
20 newspaper of general circulation in the municipality at least
21 seven days, but not more than 60 days, in advance of a public
22 hearing to consider the proposed ordinance.
23 (f) Filing with department.--The municipality shall file a
24 copy of the proposed ordinance with the department at least 30
25 days prior to public hearing. The department shall make proposed
26 ordinances available for public inspection.
27 (g) Enacting of ordinance.--Following the public hearing,
28 the municipal governing body may enact the ordinance under the
29 law governing the adoption of ordinance in that jurisdiction.
30 (h) Amendment.--If the municipality proposes any substantive
19990H0263B0260 - 25 -
1 amendment to a proposed ordinance, the municipal governing body
2 shall be required to meet the advertising, filing, notice and
3 public hearing requirements of this section before enacting the
4 proposed ordinance.
5 (i) Department review.--The department shall review all
6 proposed ordinances required to be filed with the department
7 under subsection (f) for compliance with subsection (b). If the
8 proposed ordinance does not comply with subsection (b), the
9 department shall advise the municipality of its finding setting
10 forth the reasons in writing. The municipality shall then
11 withdraw the proposed ordinance or revise the proposed ordinance
12 to meet the minimum requirements of the BOCA National Building
13 Code.
14 (j) Written challenge.--
15 (1) Aggrieved parties shall have 30 days from date of
16 enactment of the ordinance to file a written challenge with
17 the department and the municipality. The challenge shall
18 state the reason or reasons for the challenge. A municipal
19 ordinance may not take effect for a period of 35 days
20 following its enactment. If a challenge is filed in writing
21 with the department within 30 days, the department has five
22 business days from the end of the 30-day filing period to
23 notify a municipality of the challenge. There may be no
24 enforcement of the ordinance until a ruling is issued by the
25 secretary or 45 days after the filing date of the last
26 challenge to the ordinance, whichever occurs first.
27 (2) The department shall review any ordinance which
28 would equal or exceed the minimum requirements of the Uniform
29 Construction Code based on the following standards:
30 (i) that certain clear and convincing local
19990H0263B0260 - 26 -
1 climatic, geologic, topographic or public health and
2 safety circumstances or conditions justify the exception;
3 (ii) the exemption shall be adequate for the purpose
4 intended and shall meet a standard of performance equal
5 to or greater than that prescribed by the BOCA National
6 Building Code; and
7 (iii) the exception would not diminish or threaten
8 the health, safety and welfare of the public.
9 (k) Ruling by secretary.--A ruling on a challenge by an
10 aggrieved party shall be issued by the secretary within 45 days
11 of receipt of the filing of the last challenge to the ordinance.
12 If the secretary approves the ordinance, the municipality may
13 begin to administer and enforce the ordinance. If the secretary
14 disapproves the ordinance, the ordinance shall be null and void.
15 The secretary shall state the reasons for the disapproval in
16 writing to the municipality.
17 Section 504. Appeals.
18 (a) Time limit.--An appeal of the secretary's ruling may be
19 taken to the Commonwealth Court within 30 days of the date of
20 the ruling.
21 (b) Interested persons.--Any person aggrieved by the
22 application or enforcement of any provision of an ordinance
23 adopted pursuant to section 503 shall have the right to
24 challenge the validity of the ordinance in the appropriate court
25 of common pleas.
26 CHAPTER 7
27 TRAINING AND CERTIFICATION OF INSPECTORS
28 Section 701. Training of inspectors.
29 (a) Training and certification.--The department, in
30 consultation with the advisory board, BOCA and other interested
19990H0263B0260 - 27 -
1 parties, shall by regulation adopt a program of required
2 training and certification for all categories of code
3 administrators. This education program shall include
4 accessibility requirements contained in and referenced by the
5 Uniform Construction Code. The department may contract with a
6 third party to provide the code training and testing programs.
7 (b) Categories established.--The department, in consultation
8 with BOCA and other interested parties, shall establish
9 appropriate categories of code administrators.
10 (c) Issuances of certificates.--Upon determination of
11 qualification, the department shall issue a certificate to the
12 code administrator stating that he is so certified.
13 (d) Consideration of requests.--The department shall by
14 regulation establish a procedure for the consideration of
15 requests for waivers of the initial training and certification
16 requirements for individuals who present documentation that they
17 have previously satisfied substantially similar training,
18 testing and certification requirements. Any waiver shall not
19 apply to continuing education requirements.
20 (e) Time period.--
21 (1) The department shall by regulation determine the
22 time period for current code administrators to meet the
23 training and certification requirements of this act. This
24 time period shall not be less than three years and not exceed
25 seven years from the effective date of this section for
26 individuals conducting plan review and inspections of one-
27 family or two-family residential property or not be less than
28 five years and not exceed ten years for individuals
29 conducting plan reviews and inspections on all other
30 buildings and structures.
19990H0263B0260 - 28 -
1 (2) Notwithstanding the provisions of this subsection,
2 the department shall adopt regulations specifically providing
3 for the department's administration and enforcement of the
4 provisions of Chapter 11 (Accessibility) of the Uniform
5 Construction Code and any other accessibility requirements
6 contained in or referenced by the Uniform Construction Code
7 until code administrators have been certified regarding
8 accessibility provisions. The department shall maintain
9 jurisdiction over the provisions of Chapter 11
10 (Accessibility) of the Uniform Construction Code and any
11 other accessibility requirements contained in or referenced
12 by the Uniform Construction Code until such time as municipal
13 code administrators meet the requirements for certification.
14 (f) Continuing education.--The department shall, by
15 regulation, adopt and implement the continuing education program
16 and all code administrators shall participate in the
17 department's continuing education programs.
18 (g) Remedial education.--The department is empowered to
19 require code administrators to participate in remedial education
20 programs for just cause.
21 (h) Decertification.--The department is empowered to
22 decertify code administrators for just cause. The department
23 shall, by regulation, establish a procedure for the notification
24 of code administrators of decertification and the right of the
25 individual to receive a hearing before the department on
26 decertification.
27 (i) List of code administrators.--The department shall
28 maintain a list of code administrators, indicating the
29 categories of certifications, which shall be made available to
30 municipalities and, upon request, the public.
19990H0263B0260 - 29 -
1 (j) Fees.--The department shall determine and approve
2 reasonable fees for educational programs, testing and
3 certification of code administrators.
4 (k) Liability insurance.--The department shall promulgate
5 regulations requiring code administrators in third-party
6 agencies to carry minimum levels of liability insurance.
7 Section 702. Reciprocity.
8 The department may develop reciprocity agreements with other
9 states or jurisdictions which have established accreditations
10 and certification requirements which the department determines
11 to be substantially similar to those set forth in this act.
12 CHAPTER 9
13 EXEMPTIONS AND PENALTIES
14 Section 901. Exemptions.
15 This act shall not apply to manufactured housing which bears
16 a label, as required by and referred to in the act of November
17 17, 1982 (P.L.676, No.192), known as the Manufactured Housing
18 Construction and Safety Standards Authorization Act, which
19 certifies that it conforms to Federal construction and safety
20 standards adopted under the Housing and Community Development
21 Act of 1974 (Public Law 93-383, 88 Stat. 139), nor shall it
22 apply to industrialized housing, as defined in the act of May
23 11, 1972 (P.L.286, No.70), known as the Industrialized Housing
24 Act.
25 Section 902. Penalties.
26 (a) Imposition.--
27 (1) Any individual, firm or corporation that violates
28 any provision of this act commits a summary offense and
29 shall, upon conviction, be sentenced to pay a fine of not
30 more than $1,000 and costs.
19990H0263B0260 - 30 -
1 (2) Each day that a violation of this act continues
2 shall be considered a separate violation.
3 (b) Disposition of penalties.--The amount of the penalty
4 shall be forwarded to the entity with enforcement jurisdiction.
5 CHAPTER 11
6 MISCELLANEOUS PROVISIONS
7 Section 1101. Savings.
8 This act shall not repeal or in any way affect:
9 Sections 1, 3.3, 3.4, 3.5, 3.6(f)(1)(i) and (g), 10.1, 13, 14
10 and 15 of the act of April 27, 1927 (P.L.465, No.299), referred
11 to as the Fire and Panic Act.
12 Act of May 2, 1929 (P.L.1513, No.451), referred to as the
13 Boiler Regulation Law.
14 Act of August 24, 1951 (P.L.1304, No.315), known as the Local
15 Health Administration Law, insofar as it applies to counties of
16 the second class, and rules and regulations adopted by counties
17 of the second class under the act. Any construction standard
18 adopted after October 31, 1996, by counties of the second class
19 under the authority of the Local Health Administration Law shall
20 comply with Chapters 3 and 5 of this act.
21 Act of December 27, 1951 (P.L.1793, No.475), referred to as
22 the Liquefied Petroleum Gas Act.
23 Act of January 24, 1966 (1965 P.L.1535, No.537), known as the
24 Pennsylvania Sewage Facilities Act, and regulations promulgated
25 under the act.
26 Act of October 4, 1978 (P.L.851, No.166), known as the Flood
27 Plain Management Act, and regulations and ordinances promulgated
28 under the act.
29 Section 1102. Repeals.
30 (a) Specific.--The following acts and parts of acts are
19990H0263B0260 - 31 -
1 repealed:
2 Sections 2, 3, 3.1, 3.2, 3.6(a), (b), (c), (d), (e),
3 (f)(1)(ii), (iii) and (2), 4, 4.1, 4.2, 5, 6, 7, 8, 9, 10, 11,
4 12 and 15.1 of the act of April 27, 1927 (P.L.465, No.299),
5 referred to as the Fire and Panic Act.
6 Act of May 2, 1929 (P.L.1518, No.452), referred to as the
7 Elevator Regulation Law.
8 Act of September 1, 1965 (P.L.459, No.235), entitled, as
9 amended, "An act requiring that certain buildings and facilities
10 adhere to certain principles, standards and specifications to
11 make the same accessible to and usable by persons with physical
12 handicaps, and providing for enforcement."
13 Act of July 9, 1976 (P.L.919, No.170), entitled "An act
14 providing for the approval or disapproval of applications for a
15 permit relating to the construction or maintenance of
16 improvements to real estate."
17 Act of December 15, 1980 (P.L.1203, No.222), known as the
18 Building Energy Conservation Act, and regulations promulgated
19 thereunder.
20 Act of December 17, 1990 (P.L.742, No.185), entitled "An act
21 providing for restrooms in facilities where the public
22 congregates; and requiring that restroom facilities be provided
23 for women on an equitable basis."
24 Act of December 19, 1990 (P.L.1387, No.214), known as the Dry
25 Cleaning Law.
26 (b) Inconsistent.--All other acts and parts of acts are
27 repealed insofar as they are inconsistent with this act.
28 Section 1103. Effective date.
29 This act shall take effect 90 days following publication of
30 notice in the Pennsylvania Bulletin that the regulations
19990H0263B0260 - 32 -
1 required by this act have been finally adopted.
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