CORRECTIVE REPRINT
HOUSE AMENDED
PRIOR PRINTER'S NOS. 511, 1093, 1226, PRINTER'S NO. 1329
1280, 1297
No. 466 Session of 2007
INTRODUCED BY ROBBINS, SCARNATI, O'PAKE, MADIGAN, WOZNIAK,
CORMAN, LAVALLE, RHOADES, MUSTO, PUNT, WONDERLING, BOSCOLA,
REGOLA, McILHINNEY, BAKER, BRUBAKER AND FOLMER,
MARCH 15, 2007
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JULY 12, 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
6 application, FOR CHANGES IN THE UNIFORM CONSTRUCTION CODE and <--
7 for exemptions.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 104(b)(7) of the act of November 10, 1999
11 (P.L.491, No.45), known as the Pennsylvania Construction Code
12 Act, amended July 15, 2004 (P.L.748, No.92), is amended and the
13 subsection is amended by adding a paragraph PARAGRAPHS A <--
14 PARAGRAPH to read:
15 Section 104. Application.
16 * * *
17 (b) Exclusions.--This act shall not apply to:
1 * * *
2 (7) any recreational cabin if:
3 (i) the cabin is equipped with at least one smoke
4 detector, one fire extinguisher and one carbon monoxide
5 detector in both the kitchen and sleeping quarters; [and]
6 (ii) the owner of the cabin files with the
7 municipality either:
8 (A) an affidavit on a form prescribed by the
9 department attesting to the fact that the cabin meets
10 the definition of a "recreational cabin" in section
11 103; or
12 (B) a valid proof of insurance for the
13 recreational cabin, written and issued by an insurer
14 authorized to do business in this Commonwealth,
15 stating that the structure meets the definition of a
16 "recreational cabin" as defined in section 103[.];
17 and <--
18 (8) temporary structures, including, but not limited to,
19 fire resistant tents or canopies, that are erected for a
20 period of 30 days or less for the purposes of participation
21 in a fair, flea market, arts and crafts festival or other
22 public celebration. Such structures shall not be subject to
23 municipal or third-party inspections provided a safety check
24 is performed by safety or emergency personnel affiliated with
25 the sponsor or hosting organization.
26 (8) TEMPORARY STRUCTURES ERECTED FOR LESS THAN 180 <--
27 CONTINUOUS DAYS, EXCEPT AS MIGHT BE REQUIRED BY ORDINANCES IN
28 EFFECT UNDER SECTION 303(B)(1) OR ADOPTED UNDER SECTION 503;
29 (9) TEMPORARY STRUCTURES WHICH:
30 (I) ARE LESS THAN 1,600 SQUARE FEET IN SIZE;
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1 (II) ARE ERECTED FOR A PERIOD OF LESS THAN 30
2 CONTINUOUS DAYS FOR:
3 (A) THE PURPOSE OF PARTICIPATION IN A FAIR, FLEA
4 MARKET OR ARTS AND CRAFTS FESTIVAL; OR
5 (B) OTHER PUBLIC OR PRIVATE USE; AND
6 (III) ARE SUBJECT TO SECTION 503(A)(2); AND
7 (10) CONSTRUCTION JOB TRAILERS UNTIL THE COMPLETION OF
8 THE CONSTRUCTION PROJECT.
9 AND <--
10 (8) TEMPORARY STRUCTURES WHICH ARE:
11 (I) ERECTED FOR THE PURPOSE OF PARTICIPATION IN A
12 FAIR, FLEA MARKET, ARTS AND CRAFTS FESTIVAL OR OTHER
13 PUBLIC CELEBRATION.
14 (II) LESS THAN 1,600 SQUARE FEET IN SIZE.
15 (III) ERECTED FOR A PERIOD OF LESS THAN 30 DAYS.
16 (IV) NOT A SWIMMING POOL, SPA OR HOT TUB.
17 (V) SUBJECT TO SECTION 503(A)(2).
18 * * *
19 SECTION 1.1. SECTION 503(A) OF THE ACT, AMENDED JULY 15, <--
20 2004 (P.L.748, NO.92), IS AMENDED TO READ:
21 SECTION 503. CHANGES IN UNIFORM CONSTRUCTION CODE.
22 (A) ADMINISTRATION.--
23 (1) MUNICIPALITIES MAY ENACT ORDINANCES WHICH EQUAL OR
24 EXCEED THE MINIMUM REQUIREMENTS OF CHAPTER 1 OF THE 1999 BOCA
25 NATIONAL BUILDING CODE, FOURTEENTH EDITION, OR SUCCESSOR
26 CODES, RELATING TO ADMINISTRATION CONSISTENT WITH THE
27 PROVISIONS OF SECTION 501(C).
28 (2) AN ORDINANCE UNDER THIS SUBSECTION APPLICABLE TO THE
29 EXCEPTION UNDER SECTION 104(B)(8) MAY REQUIRE COMPLIANCE WITH
30 ANY OF THE FOLLOWING STANDARDS:
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1 (I) FLAME PROPAGATION CRITERIA OF THE APPLICABLE
2 EDITION OF THE NATIONAL FIRE PROTECTION ASSOCIATION'S <--
3 LIFE SAFETY CODE, NFPA NO. 701.
4 (II) THE ICC ELECTRICAL CODE.
5 (III) INTERNATIONAL FIRE CODE CRITERIA AS TO NUMBER
6 OF PORTABLE FIRE EXTINGUISHERS.
7 * * *
8 Section 2. Section 901 of the act is amended by adding a
9 subsection to read:
10 Section 901. Exemptions.
11 * * *
12 (e) Pole barns at agricultural fairs.--Neither this act nor
13 any adoption of the International Fire Code by a Commonwealth
14 agency, a political subdivision or a local agency shall apply to
15 a pole barn that is constructed on agricultural fairgrounds and
16 is only used for agricultural purposes and animal display. This
17 section shall not apply to inspections required pursuant to the
18 ICC Electrical Code or its successor codes.
19 Section 3. This act shall take effect immediately.
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