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                                                       PRINTER'S NO. 163

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 437 Session of 2007


        INTRODUCED BY REGOLA, WAUGH, LOGAN, ROBBINS, WONDERLING,
           BOSCOLA, RAFFERTY, McILHINNEY, O'PAKE, BAKER, BROWNE,
           FONTANA, TOMLINSON, D. WHITE, EARLL AND VANCE, MARCH 5, 2007

        REFERRED TO LABOR AND INDUSTRY, MARCH 5, 2007

                                     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," further providing for the
     6     adoption of regulations.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 301(a) of the act of November 10, 1999
    10  (P.L.491, No.45), known as the Pennsylvania Construction Code
    11  Act, amended February 19, 2004 (P.L.141, No.13), July 15, 2004
    12  (P.L.748, No.92) and December 22, 2005 (P.L.478, No.95), is
    13  amended to read:
    14  Section 301.  Adoption by regulations.
    15     (a)  Regulations.--
    16         (1)  The department shall, within 180 days of the
    17     effective date of this section, promulgate regulations
    18     adopting the 1999 BOCA National Building Code, Fourteenth
    19     Edition, as a Uniform Construction Code, except as provided


     1     in section 105(c)(2) and this section. The department shall
     2     promulgate separate regulations which may make changes to
     3     Chapter 1 of the 1999 BOCA National Building Code, Fourteenth
     4     Edition, relating to administration that are necessary for
     5     the department's implementation of this act.
     6         (2)  The regulations shall include a provision that all
     7     detached one-family and two-family dwellings and one-family
     8     townhouses that are not more than three stories in height and
     9     their accessory structures shall be designed and constructed
    10     either in accordance with the ICC International One and Two
    11     Family Dwelling Code, 1998 Edition, or in accordance with the
    12     requirements of the Uniform Construction Code at the option
    13     of the building permit applicant. The provision shall require
    14     that an irrevocable election be made at the time plans are
    15     submitted for review and approval. If the building permit
    16     applicant does not indicate a code, the design and
    17     construction shall be in accordance with the Uniform
    18     Construction Code.
    19         (3)  The regulations shall include a provision that the
    20     secretary shall have the exclusive power to grant
    21     modifications and decide issues of technical infeasibility
    22     under Chapter 11 (Accessibility) of the Uniform Construction
    23     Code and any other accessibility requirements contained in or
    24     referenced by the Uniform Construction Code for individual
    25     projects.
    26         (4)  The secretary shall consider the recommendations of
    27     the advisory board as provided in section 106(c). The
    28     department shall consider the comments of the advisory board
    29     with respect to accessibility issues in any proposed
    30     regulations.
    20070S0437B0163                  - 2 -     

     1         (5)  The regulations shall provide for a system of
     2     periodic compliance reviews conducted by the department and
     3     for enforcement procedures conducted by the department to
     4     ensure that code administrators are adequately administering
     5     and enforcing Chapter 11 (Accessibility) of the Uniform
     6     Construction Code and any other accessibility requirements
     7     contained in or referenced by the Uniform Construction Code.
     8         (6)  The regulations shall include the provisions of
     9     exception 8 to section 1014.6 (relative to stairway treads
    10     and risers) of the 1993 BOCA National Building Code, Twelfth
    11     Edition, and the provisions of section R-213.1 (relative to
    12     stairways) of the CABO One and Two Family Dwelling Code, 1992
    13     Edition, and such provisions shall be applicable
    14     notwithstanding section 303(b), which shall not apply to the
    15     provisions of any municipal building code ordinance which
    16     equals or exceeds these provisions.
    17         (7)  The department shall consult with the Department of
    18     Health in the development of regulations relating to health
    19     care facilities, intermediate care facilities for the
    20     mentally retarded or for persons with related conditions and
    21     State institutions.
    22         (8)  The regulations shall exclude section R313.1.1 of
    23     the 2003 International Residential Code for One- and Two-
    24     Family Dwellings or its successor code from applying to
    25     existing one-family and two-family unit dwellings undergoing
    26     alterations, repairs or additions but shall include
    27     provisions requiring non-interconnected battery-operated
    28     smoke alarms in one-family and two-family dwellings in
    29     accordance with section R313.1.1 of the 2003 International
    30     Residential Code for One- and Two-Family Dwellings.
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     1         (9)  Regulations under this subsection shall include the
     2     adoption of section 110.3 (temporary occupancy) of the
     3     International Building Code.
     4         (10)  Section R404.1 and Tables R404.1(1), R404.1(2) and
     5     R404.1(3) of the 2006 International Residential Code and its
     6     successor codes are not a part of the Uniform Construction
     7     Code. The following provisions shall apply and are part of
     8     the Uniform Construction Code. Concrete and masonry
     9     foundation walls shall be selected and constructed in
    10     accordance with the provisions of Section 404 of the 2006
    11     International Residential Code or in accordance with ACI 318,
    12     ACI 332, NCMA TR68-A or ACI 530/ASCE 5/TMS 402 or other
    13     approved structural standards. When ACI 318, ACI 332 or ACI
    14     530/ASCE 5/TMS 402 or provisions of this section are used to
    15     design concrete or masonry foundation walls, project
    16     drawings, typical details and specifications are not required
    17     to bear the seal of the architect or engineer responsible for
    18     design.
    19     * * *
    20     Section 2.  This act shall take effect in 60 days.







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