PRIOR PRINTER'S NO. 4106 PRINTER'S NO. 4732
No. 2696 Session of 2006
INTRODUCED BY STEIL, McILHATTAN, BOYD, CLYMER, CRAHALLA,
DENLINGER, GINGRICH, GODSHALL, KOTIK, LaGROTTA, S. MILLER,
O'NEILL, PETRARCA, ROHRER, RUBLEY, SEMMEL, SIPTROTH, SONNEY,
STABACK, TANGRETTI, E. Z. TAYLOR, THOMAS, TIGUE, WILT,
YUDICHAK, FABRIZIO AND PALLONE, JUNE 5, 2006
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED OCTOBER 4, 2006
AN ACT
1 Amending the act of November 10, 1999 (P.L.491, No.45), entitled
2 "An act establishing a uniform construction code; imposing
3 powers and duties on municipalities and the Department of
4 Labor and Industry; providing for enforcement; imposing
5 penalties; and making repeals," providing for the Uniform
6 Construction Code Review Commission ADVISORY COUNCIL. <--
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of November 10, 1999 (P.L.491, No.45),
10 known as the Pennsylvania Construction Code Act, is amended by
11 adding a section to read:
12 Section 107. Uniform Construction Code Review Commission. <--
13 (a) Establishment.--The Uniform Construction Code Review
14 Commission is hereby established.
15 (b) Duties.--The Uniform Construction Code Review Commission
16 shall do all of the following:
17 (1) Gather information from the general public,
18 including municipal officers, licensed design professionals,
1 builders and property owners concerning proposed alterations
2 of the Uniform Construction Code.
3 (2) Evaluate the information compiled under paragraph
4 (1) and make recommendations to all of the following:
5 (i) The Governor.
6 (ii) The Labor and Industry Committee of the Senate.
7 (iii) The Labor Relations Committee of the House of
8 Representatives.
9 (c) Composition.--The Uniform Construction Code Review
10 Commission shall consist of the following:
11 (1) The chairman and minority chairman of the Labor and
12 Industry Committee of the Senate.
13 (2) The chairman and minority chairman of the Labor
14 Relations Committee of the House of Representatives.
15 (3) A representative from the Department of Labor and
16 Industry appointed by the Governor.
17 (4) A representative from the home building industry,
18 appointed by the Governor.
19 (5) A representative from an association representing
20 townships, appointed by the Governor.
21 (6) A representative from an association representing
22 boroughs, appointed by the Governor.
23 (7) A representative from an association representing
24 firefighters, appointed by the Governor.
25 (8) A representative from an association representing
26 building code enforcement officials, appointed by the
27 Governor.
28 (9) A member of the public, appointed by the Governor,
29 who is a homeowner but not otherwise qualified under this
30 subsection.
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1 (d) Vacancies.--Vacancies on the Uniform Construction Code
2 Review Commission shall be filled in the same manner in which
3 they were originally designated, within ten days of the vacancy.
4 If the Governor fails to act within ten days, the Uniform
5 Construction Code Review Commission chairperson shall appoint an
6 individual to fill the vacancy.
7 (e) Removal.--A member may be removed for just cause by the
8 appointing authority.
9 (f) Terms.--Members of the Uniform Construction Code Review
10 Commission shall serve a term of two years beginning January 1,
11 2007.
12 (g) Chairperson and vice chairperson.--The members shall
13 elect, by a majority vote, a chairperson and vice chairperson of
14 the Uniform Construction Code Review Commission.
15 (h) Meetings.--All meetings of the Uniform Construction Code
16 Review Commission shall be advertised. The meetings shall also
17 apply the following rules set forth in 65 Pa.C.S. Ch. 7
18 (relating to open meetings):
19 (1) The Uniform Construction Code Review Commission
20 shall meet once every six months and may provide for special
21 meetings as it deems necessary. Meeting dates shall be set by
22 majority vote of the members of the Uniform Construction Code
23 Review Commission or by the call of the chairperson upon
24 seven days' notice to all members.
25 (2) All meetings of the Uniform Construction Code Review
26 Commission shall be publicly advertised and shall be open to
27 the public.
28 (3) The Uniform Construction Code Review Commission
29 shall publish a schedule of its meetings in the Pennsylvania
30 Bulletin and in at least one newspaper of general
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1 circulation. The notice shall be published at least one month
2 in advance of each meeting. The notice shall specify the
3 date, time and place of the meeting and shall state that the
4 meetings of the Uniform Construction Code Review Commission
5 are open to the general public.
6 (i) Compensation and expenses.--The members of the Uniform
7 Construction Code Review Commission shall not receive a salary
8 or per diem allowance for their service, but shall be reimbursed
9 for actual or necessary expenses incurred in the performance of
10 their duties. Expenses include reimbursement for travel and
11 living expenses while engaged in Uniform Construction Code
12 Review Commission business.
13 SECTION 107. UNIFORM CONSTRUCTION CODE ADVISORY COUNCIL. <--
14 (A) ESTABLISHMENT.--THE UNIFORM CONSTRUCTION CODE ADVISORY
15 COUNCIL IS HEREBY ESTABLISHED.
16 (B) DUTIES.--THE UNIFORM CONSTRUCTION CODE ADVISORY COUNCIL
17 SHALL DO ALL OF THE FOLLOWING:
18 (1) GATHER INFORMATION FROM THE GENERAL PUBLIC,
19 INCLUDING MUNICIPAL OFFICERS, BUILDING CODE OFFICIALS,
20 CONSTRUCTION CODE OFFICIALS, LICENSED DESIGN PROFESSIONALS,
21 BUILDERS AND PROPERTY OWNERS, CONCERNING ISSUES WITH THE
22 UNIFORM CONSTRUCTION CODE RAISED BY COUNCIL MEMBERS, THE
23 GENERAL PUBLIC, OR CHANGES PROPOSED BY THE GENERAL ASSEMBLY.
24 (2) EVALUATE INFORMATION COMPILED UNDER PARAGRAPH (1)
25 AND MAKE RECOMMENDATIONS TO ALL OF THE FOLLOWING:
26 (I) THE GOVERNOR.
27 (II) THE LABOR AND INDUSTRY COMMITTEE OF THE SENATE.
28 (III) THE LABOR RELATIONS COMMITTEE OF THE HOUSE OF
29 REPRESENTATIVES.
30 (IV) THE CO-DEVELOPMENT COUNCIL OF THE INTERNATIONAL
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1 CODE COUNCIL.
2 (C) COMPOSITION.--THE UNIFORM CONSTRUCTION CODE ADVISORY
3 COUNCIL SHALL CONSIST OF THE FOLLOWING:
4 (1) A REPRESENTATIVE FROM THE DEPARTMENT OF LABOR AND
5 INDUSTRY ASSOCIATED WITH ENFORCEMENT OF THE UNIFORM
6 CONSTRUCTION CODE, APPOINTED BY THE GOVERNOR.
7 (2) A REPRESENTATIVE FROM AN ASSOCIATION REPRESENTING
8 THE RESIDENTIAL BUILDING INDUSTRY WHO IS A GENERAL
9 CONTRACTOR, APPOINTED BY THE GOVERNOR.
10 (3) A REPRESENTATIVE FROM AN ASSOCIATION REPRESENTING
11 THE COMMERCIAL BUILDING INDUSTRY WHO IS A GENERAL CONTRACTOR,
12 APPOINTED BY THE GOVERNOR.
13 (4) A REPRESENTATIVE FROM AN ASSOCIATION REPRESENTING
14 TOWNSHIPS, APPOINTED BY THE GOVERNOR.
15 (5) A REPRESENTATIVE FROM AN ASSOCIATION REPRESENTING
16 BOROUGHS, APPOINTED BY THE GOVERNOR.
17 (6) A REPRESENTATIVE FROM AN ASSOCIATION REPRESENTING
18 FIREFIGHTERS WHO IS A CERTIFIED FIRE INSPECTOR, APPOINTED BY
19 THE GOVERNOR.
20 (7) A REPRESENTATIVE FROM AN ASSOCIATION REPRESENTING
21 BUILDING CODE ENFORCEMENT OFFICIALS WHO IS A CONSTRUCTION
22 CODE OFFICIAL CERTIFIED TO PERFORM ALL PLAN REVIEWS AND
23 INSPECTIONS ASSOCIATED WITH RESIDENTIAL AND COMMERCIAL
24 BUILDINGS, APPOINTED BY THE GOVERNOR.
25 (8) A LICENSED ARCHITECT FROM AN ASSOCIATION
26 REPRESENTING ARCHITECTS, APPOINTED BY THE GOVERNOR.
27 (9) A MEMBER OF THE ACCESSIBILITY ADVISORY BOARD,
28 APPOINTED BY THE GOVERNOR.
29 (10) A CONSTRUCTION CODE OFFICIAL EMPLOYED BY, AND
30 REPRESENTING, A CITY OF THE FIRST CLASS, APPOINTED BY THE
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1 GOVERNOR.
2 (11) A CONSTRUCTION CODE OFFICIAL EMPLOYED BY, AND
3 REPRESENTING, A CITY OF THE SECOND CLASS, APPOINTED BY THE
4 GOVERNOR.
5 (12) A LICENSED PROFESSIONAL ENGINEER REPRESENTING AN
6 ORGANIZATION REPRESENTING PROFESSIONAL ENGINEERS, APPOINTED
7 BY THE GOVERNOR.
8 (13) A REPRESENTATIVE FROM AN ASSOCIATION REPRESENTING
9 PROPERTY AND CASUALTY INSURERS, APPOINTED BY THE GOVERNOR.
10 (14) THE CHAIRMAN AND MINORITY CHAIRMAN OF THE LABOR AND
11 INDUSTRY COMMITTEE OF THE SENATE, OR THEIR DESIGNATED
12 REPRESENTATIVES.
13 (15) THE CHAIRMAN AND MINORITY CHAIRMAN OF THE LABOR
14 RELATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES, OR THEIR
15 DESIGNATED REPRESENTATIVES.
16 (D) VACANCIES.--VACANCIES ON THE UNIFORM CONSTRUCTION CODE
17 ADVISORY COUNCIL SHALL BE FILLED IN THE SAME MANNER IN WHICH
18 THEY WERE ORIGINALLY DESIGNATED, WITHIN 30 BUSINESS DAYS OF THE
19 VACANCY. IF THE GOVERNOR FAILS TO ACT WITHIN THE 30 BUSINESS
20 DAYS, THE UNIFORM CONSTRUCTION CODE ADVISORY COUNCIL CHAIRPERSON
21 SHALL APPOINT AN INDIVIDUAL TO FILL THE VACANCY.
22 (E) REMOVAL.--A MEMBER MAY BE REMOVED FOR JUST CAUSE BY THE
23 APPOINTING AUTHORITY.
24 (F) TERMS.--MEMBERS OF THE UNIFORM CONSTRUCTION CODE
25 ADVISORY COUNCIL SHALL SERVE TERMS OF TWO YEARS BEGINNING JULY
26 1, 2007.
27 (G) CHAIRPERSON AND VICE CHAIRPERSON.--THE MEMBERS SHALL
28 ELECT, BY A MAJORITY VOTE, A CHAIRPERSON AND VICE CHAIRPERSON OF
29 THE UNIFORM CONSTRUCTION CODE ADVISORY COUNCIL.
30 (H) QUORUM.--NINE MEMBERS SHALL CONSTITUTE A QUORUM.
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1 (I) MEETINGS.--MEETINGS SHALL BE HELD IN HARRISBURG IN
2 LOCATIONS PROVIDED BY THE DEPARTMENT. THE MEETINGS SHALL ALSO BE
3 CONDUCTED AS REQUIRED BY 65 PA.C.S. CH. 7 (RELATING TO OPEN
4 MEETINGS) AND AS FOLLOWS:
5 (1) THE UNIFORM CONSTRUCTION CODE ADVISORY COUNCIL SHALL
6 MEET AT LEAST ONCE EVERY SIX MONTHS. MEETING DATES SHALL BE
7 SET BY MAJORITY VOTE OF THE UNIFORM CONSTRUCTION CODE
8 ADVISORY COUNCIL MEMBERS OR BY THE CALL OF THE CHAIR UPON
9 SEVEN BUSINESS DAYS' NOTICE TO ALL MEMBERS.
10 (2) ALL MEETINGS OF THE UNIFORM CONSTRUCTION CODE
11 ADVISORY COUNCIL SHALL BE PUBLICLY ADVERTISED AND SHALL BE
12 OPEN TO THE PUBLIC. MEMBERS OF THE GENERAL PUBLIC SHALL BE
13 GIVEN REASONABLE OPPORTUNITY TO ADDRESS THE UNIFORM
14 CONSTRUCTION CODE ADVISORY COUNCIL.
15 (3) THE UNIFORM CONSTRUCTION CODE ADVISORY COUNCIL SHALL
16 PUBLISH A SCHEDULE OF ITS MEETINGS IN THE PENNSYLVANIA
17 BULLETIN AND IN AT LEAST ONE NEWSPAPER OF GENERAL
18 CIRCULATION. THE NOTICE SHALL BE PUBLISHED AT LEAST FIVE
19 BUSINESS DAYS IN ADVANCE OF EACH MEETING. THE NOTICE SHALL
20 SPECIFY THE DATE, TIME AND PLACE OF THE MEETING AND SHALL
21 STATE THAT THE MEETINGS OF THE UNIFORM CONSTRUCTION CODE
22 ADVISORY COUNCIL ARE OPEN TO THE GENERAL PUBLIC.
23 (J) ADMINISTRATIVE SUPPORT.--THE SECRETARY SHALL PROVIDE THE
24 ADMINISTRATIVE SUPPORT NECESSARY FOR THE FUNCTIONS OF THE
25 UNIFORM CONSTRUCTION CODE ADVISORY COUNCIL.
26 (K) TECHNICAL SUPPORT.--THE UNIFORM CONSTRUCTION CODE
27 ADVISORY COUNCIL MAY SOLICIT AND RETAIN, WITHOUT COMPENSATION,
28 INDIVIDUALS WHO ARE QUALIFIED BY TRAINING OR EXPERIENCE TO
29 PROVIDE EXPERT INPUT TO THE COUNCIL AND, AT THE DISCRETION OF
30 THE COUNCIL, SUCH INDIVIDUALS MAY BE REIMBURSED FOR REASONABLE
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1 TRAVEL EXPENSES AT A RATE ESTABLISHED BY THE SECRETARY.
2 (L) COMPENSATION AND EXPENSES.--MEMBERS OF THE UNIFORM
3 CONSTRUCTION CODE ADVISORY COUNCIL SHALL NOT RECEIVE A SALARY OR
4 PER DIEM ALLOWANCE FOR THEIR SERVICE, BUT SHALL BE REIMBURSED
5 FOR REASONABLE TRAVEL EXPENSES AND OTHER NECESSARY EXPENSES, AT
6 A RATE TO BE DETERMINED BY THE SECRETARY, WHILE ATTENDING
7 COUNCIL MEETINGS.
8 Section 2. This act shall take effect in 60 days.
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