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        PRIOR PRINTER'S NOS. 1327, 2561, 2667,        PRINTER'S NO. 4527
        2725, 3586, 4119

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1096 Session of 2007


        INTRODUCED BY BUXTON, ARGALL, BELFANTI, BIANCUCCI, CALTAGIRONE,
           CAPPELLI, CARROLL, CLYMER, FABRIZIO, FAIRCHILD, GEORGE,
           GERGELY, GIBBONS, HALUSKA, HENNESSEY, HUTCHINSON, JAMES,
           KORTZ, KOTIK, MARKOSEK, McILHATTAN, M. O'BRIEN, SCAVELLO,
           SONNEY, TRUE, EVERETT, LONGIETTI, COX, GINGRICH, STURLA,
           FLECK, DERMODY, HORNAMAN, PASHINSKI, SIPTROTH, BENNINGHOFF,
           PAYNE, WAGNER, McGEEHAN AND BROOKS, APRIL 18, 2007

        SENATE AMENDMENTS TO HOUSE AMENDMENTS, OCTOBER 7, 2008

                                     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," defining "council," "State-    <--
     6     affiliated entity," "State-owned building" and "State-related
     7     institution" FURTHER PROVIDING FOR DEFINITIONS; establishing   <--
     8     the Uniform Construction Code Review and Advisory Council;
     9     and further providing for revised or successor codes, for      <--
    10     training of inspectors and for applicability to certain
    11     buildings. AND FOR TRAINING OF INSPECTORS.                     <--

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 103 of the act of November 10, 1999
    15  (P.L.491, No.45), known as the Pennsylvania Construction Code
    16  Act, is amended by adding definitions A DEFINITION to read:       <--
    17  Section 103.  Definitions.
    18     The following words and phrases when used in this act shall
    19  have the meanings given to them in this section unless the


     1  context clearly indicates otherwise:
     2     * * *
     3     "Council."  The Uniform Construction Code Review and Advisory
     4  Council established under this act.
     5     * * *
     6     "State-affiliated entity."  A Commonwealth authority or a      <--
     7  Commonwealth entity. The term includes the Pennsylvania Turnpike
     8  Commission, the Pennsylvania Housing Finance Agency, the
     9  Pennsylvania Municipal Retirement System, the Pennsylvania
    10  Infrastructure Investment Authority, the State Public School
    11  Building Authority, the Pennsylvania Higher Educational
    12  Facilities Authority and the State System of Higher Education.
    13     "State-owned building."  A building owned by or to be
    14  constructed for Commonwealth entities consisting of the General
    15  Assembly, the Unified Judicial System, the Pennsylvania Higher
    16  Education Assistance Agency, an executive agency, an independent
    17  agency, a State-affiliated entity or a State-related
    18  institution.
    19     "State-related institution."  The Pennsylvania State
    20  University, the University of Pittsburgh, Lincoln University or
    21  Temple University.
    22     * * *
    23     Section 2.  The act is amended by adding a section to read:
    24  Section 107.  Uniform Construction Code Review and Advisory
    25                 Council.
    26     (a)  Establishment.--The Uniform Construction Code Review and
    27  Advisory Council is hereby established.
    28     (b)  Duties.--The council shall do the following:
    29         (1)  Gather information from municipal officers, building
    30     code officials, construction code officials, licensed design
    20070H1096B4527                  - 2 -     

     1     professionals, builders and property owners, concerning
     2     issues with the Uniform Construction Code raised by council
     3     members, or changes proposed by members of the General
     4     Assembly.
     5         (2)  Evaluate the information compiled under paragraph
     6     (1) and make recommendations to the following:
     7             (i)  The Governor.
     8             (ii)  The Secretary of Labor and Industry.
     9             (iii)  The members of any legislative committee
    10         considering amendments to this act.
    11             (iv)  The President pro tempore of the Senate.
    12             (v)  The Speaker of the House of Representatives.
    13             (vi)  The Code Development Councils of the
    14         International Code Council.
    15         (3)  With the exception of the provisions of Chapter 11
    16     and Appendix E of the International Building Code of 2006, or
    17     its successor codes, or any other accessibility requirements
    18     contained in or referenced by the Uniform Construction Code
    19     relating to persons with physical disabilities, review new
    20     and amended provisions contained in triennial revisions of
    21     the codes issued by the International Code Council to any of
    22     its codes. The council shall inform the department of any
    23     code provisions that should be excluded from the Uniform
    24     Construction Code by May 1 of the year of issuance of the
    25     latest triennial code issued by the International Code
    26     Council.
    27     (c)  Composition.--The council shall consist of the following
    28  members appointed by the Governor:
    29         (1)  A general contractor from an association
    30     representing the residential construction industry who has
    20070H1096B4527                  - 3 -     

     1     recognized ability and experience in the construction of new
     2     residential buildings.
     3         (2)  A contractor from an association representing the
     4     nonresidential construction industry who has recognized
     5     ability and experience in the construction of nonresidential
     6     buildings.
     7         (3)  A Uniform Construction Code certified residential
     8     building inspector who possesses all five residential
     9     certifications from an association representing building code
    10     officials who has experience administering and enforcing
    11     residential codes.
    12         (4)  A Uniform Construction Code certified building
    13     inspector who possesses all nonresidential inspection
    14     certifications, but need not possess a fire inspector
    15     certification, or a certified plans examiner who also holds
    16     an accessibility certification from an association
    17     representing building code officials who has experience
    18     administering and enforcing nonresidential codes.
    19         (5)  A Uniform Construction Code certified fire inspector
    20     from an association representing building code officials.
    21         (6)  A Uniform Construction Code certified building code
    22     official from an association representing building code
    23     officials with building code official certification.
    24         (7)  A residential contractor from an association
    25     representing contractors engaged in remodeling residential
    26     buildings who has recognized ability and experience in
    27     remodeling residential and nonresidential buildings.
    28         (8)  A licensed architect from an association
    29     representing architects who has recognized ability and
    30     experience in the design and construction of nonresidential
    20070H1096B4527                  - 4 -     

     1     buildings.
     2         (9)  A licensed architect from an association
     3     representing architects who has recognized ability and
     4     experience in the design and construction of residential
     5     buildings.
     6         (10)  A licensed structural engineer from an association
     7     representing professional engineers who has recognized
     8     ability and experience in the design and construction of
     9     buildings.
    10         (11)  A licensed mechanical engineer specializing in HVAC
    11     systems from an association representing professional
    12     engineers who has recognized ability and experience in the
    13     design and construction of buildings.
    14         (12)  A licensed mechanical engineer, specializing in
    15     plumbing and fire protection, from an association
    16     representing professional engineers who has recognized
    17     ability and experience in the design and construction of
    18     buildings.
    19         (13)  A licensed electrical engineer from an association
    20     representing professional engineers who has recognized
    21     ability and experience in the design and construction of
    22     buildings.
    23         (14)  An elected official of a township of the second
    24     class who has recognized ability and experience in
    25     construction of buildings.
    26         (15)  An elected borough official who has recognized
    27     ability and experience in construction of buildings.
    28         (16)  An elected official of a third class city who has
    29     recognized ability and experience in the construction of
    30     buildings.
    20070H1096B4527                  - 5 -     

     1         (17)  An individual from an association representing
     2     manufactured housing who shall be knowledgeable, licensed or
     3     certified to sell and install manufactured housing.
     4         (18)  An official of a city of the first class who has
     5     recognized ability and experience in the administration and
     6     enforcement of this act.
     7         (19)  An individual from an association representing only
     8     modular housing manufacturers, who is knowledgeable, licensed
     9     or certified under the act of May 11, 1972 (P.L.286, No.70),
    10     known as the Industrialized Housing Act, to manufacture and
    11     sell modular homes in Pennsylvania.
    12  At least one of the inspectors appointed to the council shall be
    13  a municipal employee, and at least one inspector shall be a
    14  third-party private sector inspector.
    15     (d)  Vacancies.--Vacancies on the council shall be filled in
    16  the same manner in which they were originally designated, within
    17  30 business days of the vacancy. If the Governor fails to act
    18  within the 30 business days, the council chairperson shall
    19  appoint an individual to fill the vacancy.
    20     (e)  Removal.--A member may be removed for just cause by the
    21  Governor.
    22     (f)  Terms.--A member of the council shall serve terms of two
    23  years and until his successor is appointed beginning July 1,
    24  2008, except the initial term of members appointed under
    25  subsection (c)(1), (3), (4), (5), (8), (11), (13) and (14) shall
    26  be for three years and until their successor is appointed.
    27     (g)  Chairperson and vice chairperson.--The members shall
    28  elect, by a majority vote, a chairperson and vice chairperson of
    29  the council.
    30     (h)  Quorum and consensus.--Ten members shall constitute a
    20070H1096B4527                  - 6 -     

     1  quorum, and a consensus among at least ten members must be
     2  reached before any determination can be made by the council.
     3     (i)  Meetings.--Meetings shall be conducted as required under
     4  65 Pa.C.S. Ch. 7 (relating to open meetings) as follows:
     5         (1)  The council shall meet at least once every six
     6     months. Meeting dates shall be set by majority vote of the
     7     council members or by the call of the chair along with at
     8     least seven business days' notice to all members.
     9         (2)  All meetings of the council shall be publicly
    10     advertised and shall be open to the public. Members of the
    11     general public shall be given reasonable opportunity to
    12     address the council.
    13         (3)  The council shall publish a schedule of its meetings
    14     in the Pennsylvania Bulletin and in at least one newspaper of
    15     general circulation. The notice shall be published at least
    16     five business days in advance of each meeting. The notice
    17     shall specify the date, time and place of the meeting and
    18     shall state that the meetings of the council are open to the
    19     general public.
    20     (j)  Administrative support.--The secretary shall provide a
    21  facility for council meetings under this act, stenographic
    22  services and required notice of the council's meetings.
    23     (k)  Technical support.--The council may solicit and retain,
    24  without compensation, individuals who are qualified by training
    25  or experience to provide expert input to the council and, at the
    26  discretion of the council, such individuals may be reimbursed
    27  for reasonable travel expenses at a rate established by the
    28  secretary.
    29     (l)  Compensation and expenses.--Members of the council shall
    30  not receive a salary or per diem allowance for their service.
    20070H1096B4527                  - 7 -     

     1     Section 3.  Section 304(a) of the act, amended February 19,
     2  2004 (P.L.141, No.13), is amended and the section is amended by
     3  adding a subsection to read:
     4  Section 304.  Revised or successor codes.
     5     (a)  Building code.--
     6         (1)  Subject to sections 105(c) and (d), 301(a)(3), (4),
     7     (5), (6) and (7), (c) and (d) and 302, by December 31 of the
     8     year of the issuance of a new triennial [BOCA National] ICC
     9     International Building Code, or its successor building code,
    10     the department shall promulgate regulations adopting the new
    11     code as the Uniform Construction Code[.] unless the council
    12     informs the department that it should exclude any provisions
    13     of the triennial code from the Uniform Construction Code. If
    14     the council provides this notification, the department shall
    15     submit regulations adopting the triennial code with
    16     provisions omitted by the council under this section within
    17     90 days following council notification.
    18         (2)  Subject to sections 105(c) and (d), 301(a)(3), (4),
    19     (5), (6) and (7), (c) and (d) and 302, by December 31 of the
    20     year of issuance of a new triennial ICC [International One
    21     and Two Family Dwelling Code] International Residential Code,
    22     or its successor building code, the department shall
    23     promulgate regulations providing that all detached one-family
    24     and two-family dwellings and one-family townhouses that are
    25     not more than three stories in height and their accessory
    26     structures may be designed in accordance with that code or
    27     the Uniform Construction Code at the option of the building
    28     permit applicant. The department shall promulgate regulations
    29     adopting the new code as the Uniform Construction Code unless
    30     the council informs the department that it should exclude any
    20070H1096B4527                  - 8 -     

     1     provisions of the triennial code from the Uniform
     2     Construction Code. If the council provides this notification,
     3     the department shall submit regulations adopting the
     4     triennial code with provisions omitted by the council under
     5     this section within 90 days following council notification.
     6     * * *
     7     (d)  Code revisions.--
     8         (1)  The council may determine that any new or amended
     9     provision contained in a triennial revision by the ICC to any
    10     of the codes which have been adopted by regulation of the
    11     department as part of the Uniform Construction Code is not,
    12     in the opinion of the council, consistent with the intent and
    13     purpose of this act or is otherwise inappropriate for
    14     inclusion in the Uniform Construction Code. In making a
    15     determination on the new or amended triennial revisions the
    16     council may consider the provisions of section 102, as well
    17     as other relevant factors, including, but not limited to:
    18             (i)  The impact that the provisions may have upon the
    19         health, safety and welfare of the public.
    20             (ii)  The economic reasonableness and financial
    21         impact of the provisions.
    22             (iii)  The technical feasibility of the provisions.
    23         (2)  When adopting the latest triennial versions of the
    24     ICC codes, the department shall exclude a specific new or
    25     amended code provision rejected by the council under
    26     paragraph (1) and shall provide that the relevant provisions
    27     of the prior versions of the code shall remain in effect.
    28     Section 4.  Section 701(a) and (b) of the act, amended July
    29  7, 2006 (P.L.1052, No.108), are amended to read:
    30  Section 701.  Training of inspectors.
    20070H1096B4527                  - 9 -     

     1     (a)  Training program.--The department, in consultation with
     2  the advisory board, [BOCA] ICC, NCSBCS and other interested
     3  parties, shall by regulation adopt a program of required
     4  training and certification for all categories of code
     5  administrators. This education program shall include
     6  accessibility requirements contained in and referenced by the
     7  Uniform Construction Code. The department may contract with
     8  third parties to provide the code training and testing programs.
     9     (b)  Categories of inspectors.--
    10         (1)  The department, in consultation with [BOCA] the ICC
    11     and other interested parties, shall establish appropriate
    12     categories of code administrators.
    13         (2)  A code administrator may act in place of a lumber
    14     grading or inspection agency to satisfy the requirement set
    15     forth under section 2303.1.1 of the 2003 International
    16     Building Code or its successor code or section R404.2.1,
    17     R502.1, R602.1 or R802.1 of the 2003 International
    18     Residential Code for One- and Two-Family Dwellings or its
    19     successor code.
    20     * * *
    21     Section 5.  Section 902(b)(4) of the act, amended December     <--
    22  22, 2005 (P.L.478, No.95), is amended to read:
    23  Section 902.  Applicability to certain buildings.
    24     * * *
    25     (b)  Uncertified buildings under department's jurisdiction.--
    26  Subject to subsection (d), all of the following apply to a
    27  building subject to the jurisdiction of the department:
    28         * * *
    29         (4)  A building owner may file an application for a
    30     variance from this subsection concerning accessibility with
    20070H1096B4527                 - 10 -     

     1     the advisory board under section 106. A building owner may
     2     file an application for a variance from this subsection
     3     concerning other standards. The application must be filed
     4     with the Industrial Board if any of the following apply:
     5             (i)  The building is located in a municipality where
     6         the department has jurisdiction.
     7             (ii)  The building is a State-owned building. [As
     8         used in this subparagraph, the term "State-owned
     9         building" means a building owned or constructed for
    10         Commonwealth entities consisting of the General Assembly,
    11         the Unified Judicial System, the Pennsylvania Higher
    12         Education Assistance Agency, an executive agency, an
    13         independent agency and a State-affiliated entity or
    14         State-related institution, as defined in 62 Pa.C.S. § 103
    15         (relating to definitions).]
    16         * * *
    17     Section 6 5.  This act shall take effect immediately.          <--









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