PRINTER'S NO. 1353
No. 833 Session of 2007
INTRODUCED BY REGOLA, D. WHITE, FOLMER AND McILHINNEY,
AUGUST 27, 2007
REFERRED TO LABOR AND INDUSTRY, AUGUST 27, 2007
AN ACT
1 Amending Title 35 (Health and Safety) of the Pennsylvania
2 Consolidated Statutes, providing for safety of persons in
3 certain buildings, for regulation of the construction,
4 equipment, maintenance, operation and inspection of
5 elevators, for certain building standards for access by
6 persons with disabilities, for permits relating to the
7 construction and maintenance of improvements to real estate,
8 for building energy conservation, for restrooms in certain
9 public facilities and for the regulation of the dry cleaning
10 industry.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Title 35 of the Pennsylvania Consolidated
14 Statutes is amended by adding a part to read:
15 PART IV
16 SAFETY IN BUILDINGS AND INDUSTRIES
17 Chapter
18 41. Preliminary Provisions
19 43. Fire and Panic
20 45. Elevator Regulation
21 47. Building Accessibility for Persons with Disabilities
1 49. Construction Permits
2 51. Building Energy Conservation
3 53. Restroom Facilities for Women
4 55. Dry Cleaning
5 CHAPTER 41
6 PRELIMINARY PROVISIONS
7 (Reserved)
8 CHAPTER 43
9 FIRE AND PANIC
10 Sec.
11 4301. Scope.
12 4302. Classes of buildings.
13 4303. Special requirements.
14 4303.1. Automatic fire detection devices for the hearing
15 impaired.
16 4303.2. Automatic fire detection devices in Class IV
17 buildings.
18 4303.3. Information concerning protection from fire.
19 4303.4. Installation of teletypewriters.
20 4303.5. Standards for Class VI buildings.
21 4304. Ways of egress.
22 4304.1. Fire extinguishers.
23 4305. Theaters, motion picture theaters and places of public
24 assembly.
25 4306. Permit for motion pictures.
26 4307. Licensing of projectionists except in cities of the
27 first class and second class.
28 4308. Approval of plans.
29 4309. Permits for use or occupancy.
30 4310. Discontinuance of use.
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1 4311. Failure to submit plans or obtain approval.
2 4312. Failure to comply.
3 4313. Prosecutions.
4 4314. Liability of owner.
5 4315. Enforcement.
6 § 4301. Scope.
7 (a) General rule.--Every building enumerated in this
8 chapter, erected or adapted for any of the purposes of the
9 several classes of buildings covered by this chapter, shall be
10 so constructed, equipped, operated and maintained, with respect
11 to type of construction and materials used, fireproofing, number
12 and type of ways of egress, aisles and passageways, stairs and
13 fire escapes, wall openings, exits and exit signs, doors and
14 doorways, shaftways and other vertical openings, emergency
15 lighting, automatic sprinkler systems, fire alarm systems, fire
16 drills, electrical equipment, inflammable and explosive
17 materials, heating apparatus and fuel storage, number of
18 occupants, ventilation, arrangement of seating and standing
19 space, construction and equipment of stages, projection rooms,
20 and dressing rooms, and all other fire and panic protection as
21 to provide for the safety and health of all persons employed,
22 accommodated, housed or assembled therein. Whenever any building
23 designated in this chapter shall, in the opinion of the
24 Department of Labor and Industry, become dangerous to further
25 occupancy because of structural or other defects, it shall
26 immediately be closed to further occupancy, and a sign shall be
27 posted thereon to that effect. The building shall not again be
28 occupied until all recommendations of the Department of Labor
29 and Industry to eliminate hazardous conditions are complied
30 with.
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1 (b) Regulations.--The Department of Labor and Industry shall
2 have the power, and its duty shall be, to make, alter, amend or
3 repeal rules and regulations for carrying into effect all of the
4 provisions of this chapter, applying the provisions to specific
5 conditions, and prescribing means, methods and practices to make
6 the provisions effective.
7 § 4302. Classes of buildings.
8 The following are the classes of buildings and structures
9 which are subject to this chapter:
10 Class I buildings.--Factories, power plants, mercantile
11 buildings, hotels, office buildings, hospitals, asylums, public
12 and private institutions, convalescent and nursing homes,
13 schools, colleges, school and college auditoriums and gymnasiums
14 when used for public assemblages, airports, airport buildings,
15 airplane hangars, dormitories, warehouses, garages, farm
16 buildings, except those farm buildings occupied by less than ten
17 employees, which are used for the production or storage, or
18 both, of agricultural products, or used in the storage of farm
19 equipment by the owner or tenant of the building, and all other
20 buildings specified by the Department of Labor and Industry not
21 enumerated in Classes II, III, IV, V and VI, wherein persons are
22 employed, housed or assembled, except those farm buildings
23 excluded herein.
24 Class II buildings.--Theaters and motion picture theaters.
25 Class III buildings.--Public halls, dance halls, banquet
26 halls, lodge halls, churches, skating rinks, armory halls, or
27 any other auditorium in which the public assembles, not used for
28 any of the other purposes mentioned in this chapter.
29 Class IV buildings.--Tenement houses, apartment houses,
30 apartment hotels, club houses, lodging houses and rooming
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1 houses.
2 Class V buildings.--Grandstands, stadiums, amphitheaters and
3 summer theaters.
4 Class VI buildings.--Family child day-care homes and group
5 child day-care homes, as defined under section 4303.5 (relating
6 to standards for Class VI buildings).
7 § 4303. Special requirements.
8 There shall be installed such emergency lighting systems,
9 sprinkler systems and fire alarm systems, in such of the
10 buildings enumerated in this chapter as the Department of Labor
11 and Industry may specify and which in its judgment are necessary
12 to give proper protection from fire and panic to those employed,
13 assembled, lodged or housed therein. No such systems shall be
14 installed unless they are of a type approved by the Department
15 of Labor and Industry.
16 § 4303.1. Automatic fire detection devices for the hearing
17 impaired.
18 (a) General rule.--
19 (1) In addition to such other rules and regulations as
20 the Department of Labor and Industry shall adopt relating to
21 the locations, types and number of automatic fire detection
22 devices required in the several classes of buildings subject
23 to this chapter, the Department of Labor and Industry shall
24 require that specialized automatic fire detection devices for
25 the deaf or hearing impaired, of a type approved by the
26 Department of Labor and Industry, be made available in public
27 lodging houses, hotels and motels for the use of such guests
28 as shall request and have need of their use.
29 (2) Notice of the availability of specialized automatic
30 fire detection devices for the deaf and hearing impaired
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1 shall be posted in the area of guest registration. The
2 lodging house, hotel or motel shall maintain at least one
3 specialized automatic fire detection device for each 50
4 dwelling units, with a maximum of ten and a minimum of two
5 specialized automatic fire detection devices for each lodging
6 house, hotel or motel. Guests shall not be charged for the
7 use of specialized automatic fire detection devices, but a
8 refundable deposit may be required for their use.
9 (3) The Department of Labor and Industry shall, by
10 regulation, determine the existing and newly constructed
11 lodging houses to which this section shall apply.
12 (b) Applicability.--Notwithstanding the provisions of
13 section 4315 (relating to enforcement), this section shall apply
14 throughout this Commonwealth. In cities of the first class,
15 second class and second class A, this section shall be enforced
16 by the city.
17 § 4303.2. Automatic fire detection devices in Class IV
18 buildings.
19 (a) General rule.--
20 (1) The owner of every Class IV building shall install
21 an automatic fire detection device within each dwelling unit
22 and in each hall and stairwell.
23 (2) The Department of Labor and Industry shall, by
24 regulation, determine the type and numbers necessary for
25 adequate fire protection.
26 (b) Immunity.--An owner of a building having one or more
27 apartments who complies with subsection (a) shall not be liable
28 for any damage or injury to any person or property due or as a
29 result of any misuse or tampering with the automatic fire
30 detection device caused by a person other than the owner or his
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1 agent.
2 (c) Applicability.--Notwithstanding the provisions of
3 section 4315 (relating to enforcement), this section shall apply
4 throughout this Commonwealth. In cities of the first class,
5 second class and second class A, this section shall be enforced
6 by the city.
7 (d) Duty of tenants.--
8 (1) Unless specified otherwise in the lease agreement,
9 the tenant shall inspect and test the operation of the
10 automatic fire detection device at the beginning of the
11 tenant's occupancy and then monthly thereafter and replace
12 batteries if needed in order to keep the automatic fire
13 detection device operable at all times. The tenant shall
14 notify the owner in case the automatic fire detection device
15 is not properly functioning.
16 (2) The owner or his agent shall inspect the automatic
17 fire detection devices on a yearly basis.
18 (3) Notwithstanding the provisions of section 4315, this
19 section shall apply throughout this Commonwealth. In cities
20 of the first class, second class and second class A, this
21 section shall be enforced by the city.
22 (e) Definition.--For the purpose of this section, "tenant"
23 means a person who will occupy a Class IV building for 30 days
24 or longer.
25 § 4303.3. Information concerning protection from fire.
26 The management of a hotel and motel shall, upon the request
27 of travel agents and other persons interested in utilizing their
28 facilities, furnish information concerning the measures which
29 have been taken at the hotel or motel for protection from fire.
30 The information shall be provided in writing, free of charge,
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1 and shall be in such detail as the Department of Labor and
2 Industry may prescribe by regulation.
3 § 4303.4. Installation of teletypewriters.
4 (a) General rule.--Any municipality may install in its
5 police headquarters or other location designated by the
6 municipality a teletypewriter which will enable deaf residents
7 of the municipality to communicate requests for assistance in
8 emergencies to the police or other designated emergency response
9 organizations.
10 (b) Reimbursement.--The Department of Labor and Industry
11 shall reimburse municipalities for the expense of implementing
12 subsection (a), subject to the availability of funds.
13 (c) Standards.--The Department of Labor and Industry shall
14 promulgate regulations to set standards for teletypewriters
15 eligible for reimbursement under this section to be installed by
16 municipalities and to establish reimbursement procedure for
17 municipalities within the limitations of subsection (b).
18 (d) Applicability.--Notwithstanding the provisions of
19 section 4315 (relating to enforcement), this section shall be
20 applicable throughout this Commonwealth.
21 § 4303.5. Standards for Class VI buildings.
22 (a) Family child day-care homes.--Family child day-care
23 homes shall be required to:
24 (1) Comply with 34 Pa. Code Ch. 56 (relating to division
25 C-3 small group habitation).
26 (2) Develop a fire evacuation plan, conduct at least
27 four fire drills per year and maintain a written record of
28 all fire drills.
29 (b) Small group child day-care homes.--Group child day-care
30 homes which provide care to 12 children or less at any one time
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1 shall be required to:
2 (1) Comply with 34 Pa. Code Ch. 56.
3 (2) Develop a fire evacuation plan, conduct at least six
4 fire drills per year and maintain a written record of all
5 fire drills.
6 (3) Maintain, from each floor used for day care, one
7 direct grade exit which shall be an exit discharge door to
8 the outside, stair tower or ramp.
9 (4) Provide single-station detection devices listed as
10 meeting Underwriter's Laboratory 217 (1980 Edition) in each
11 sleeping area used for day care.
12 (c) Large group child day-care homes.--Group child day-care
13 homes which provide care to 13 or more children at any one time
14 shall be required to comply with 34 Pa. Code Ch. 54 (relating to
15 group B educational).
16 (d) Fee.--Any statute or regulation to the contrary
17 notwithstanding the fee to be charged by the Department of Labor
18 and Industry for field inspection and issuance of an occupancy
19 permit relating to a family child day-care home shall be $25.
20 (e) Variances granted by Industrial Board.--The Industrial
21 Board may grant variances from the requirements of this section
22 and hear appeals arising from enforcement proceedings under this
23 section, as provided in section 2214 of the act of April 9, 1929
24 (P.L.177, No.175), known as The Administrative Code of 1929, and
25 the regulations promulgated thereunder.
26 (f) (Reserved).
27 (f.1) Smoke detection devices.--
28 (1) The smoke detection device required under this
29 section need not be interconnected or electronically
30 connected for a family child day-care home. For the purposes
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1 of this chapter, a noninterconnected smoke detection device
2 shall be deemed acceptable where:
3 (i) The device is an enclosed nonreplaceable battery
4 smoke detector unit which meets applicable UL standards
5 and has a minimum ten-year limited warranty commencing
6 with the date of purchase.
7 (ii) The activation of the detector results in an
8 alarm that is audible to persons in the indoor child-care
9 space with all intervening doors closed.
10 (2) A family child day-care home operator shall
11 maintain, in its fire drill logs, proof of purchase,
12 including the date of purchase of the smoke detector.
13 (g) Definitions.--As used in this section, the following
14 words and phrases shall have the meanings given to them in this
15 subsection:
16 "Family child day-care home." A home, other than a child's
17 own home, in which child day care is provided at any one time to
18 between four and six children unrelated to the operator.
19 "Group child day-care home." A home, other than a child's
20 own home, in which child day care is provided at any one time
21 for more than six but fewer than 13 children who are unrelated
22 to the operator.
23 § 4304. Ways of egress.
24 (a) Requirements.--
25 (1) From every floor of buildings enumerated in section
26 4302 (relating to classes of buildings), there shall be
27 proper and sufficient ways of egress and means of escape from
28 fire and panic.
29 (2) The Department of Labor and Industry shall
30 promulgate rules and regulations concerning the proper and
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1 sufficient ways of egress and means of escape from fire and
2 panic from buildings enumerated in section 4302. The
3 Department of Labor and Industry may order fire walls, smoke
4 barriers, additional fireproofing or the enclosure of
5 vertical openings to be built in buildings already erected,
6 or which may hereafter be erected, where in its judgment the
7 erection of such fire walls, smoke barriers, additional
8 fireproofing or the enclosure of vertical openings is
9 necessary to the reasonable safe protection of the occupants.
10 The ways of egress shall be free from obstruction, lighted,
11 and ready for instant use at all times.
12 (b) Fire escapes.--Fire escapes, now in use or erected after
13 the effective date of this section, shall be kept in safe
14 condition, and up to such standard requirements as may be
15 specified by the Department of Labor and Industry.
16 (c) Nonapplicability.--This section does not apply to a
17 personal care boarding home.
18 § 4304.1. Fire extinguishers.
19 In addition to such other rules and regulations as the
20 Department of Labor and Industry shall adopt relating to the
21 locations, types and number of fire extinguishers in the several
22 classes of buildings covered by this chapter, the Department of
23 Labor and Industry shall require that all fire extinguishers
24 which are installed or stored in a closet or recessed in a wall
25 or otherwise obscured from view shall be marked over the door to
26 the closet or over the recess or at the nearest point to such
27 obscured location which is readily visible with a light of such
28 size and color as the Department of Labor and Industry may
29 prescribe, so that the location of the fire extinguisher may be
30 immediately ascertained in emergencies.
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1 § 4305. Theaters, motion picture theaters and places of public
2 assembly.
3 (a) Requirements.--In every theater, motion picture theater
4 and place of public assembly, the construction of the building,
5 the exits from the stage, dressing rooms and auditorium, the
6 type and location of exit lights and signs, the width and
7 location of aisles and the arrangement of seats, the
8 construction and use of projection rooms and the equipment
9 contained therein, the height of ceilings and the ventilation of
10 the auditorium, the construction and type of proscenium walls,
11 arches and curtains, drop curtains and sky borders, and the
12 amount, type and location of fire preventing and extinguishing
13 equipment for the stage, dressing rooms, projection rooms, or
14 other parts of the building, shall be such as to provide
15 reasonable and adequate protection for all persons who may
16 assemble therein.
17 (b) Flammable and explosive materials.--Neither on or about
18 the stage, auditorium, balconies or galleries, nor in any other
19 part of the buildings covered by this section, shall any
20 flammable or explosive oil or material be used or stored, except
21 when special permission is granted by the Department of Labor
22 and Industry and in accordance with specifications set forth by
23 the Department of Labor and Industry.
24 (c) Smoking.--There shall be no smoking in any auditorium,
25 balcony or gallery of any theater or motion picture theater.
26 (d) Electrical wiring and appliances.--All electrical wiring
27 and appliances in such buildings shall be installed in a safe
28 manner, and so maintained.
29 § 4306. Permit for motion pictures.
30 Whenever any building, or portion of a building, is intended
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1 to be used for the occasional nontheatrical exhibition of motion
2 pictures, such building or portion of building shall be approved
3 for that use by the Department of Labor and Industry and a
4 permit obtained from the Department of Labor and Industry before
5 motion picture exhibitions are held.
6 § 4307. Licensing of projectionists except in cities of the
7 first class and second class.
8 (a) License required.--
9 (1) Except as otherwise provided in this chapter, no
10 person shall be permitted to project any motion picture,
11 either theatrical or nontheatrical, until the person has
12 obtained a license from the Department of Labor and Industry,
13 after passing an examination prescribed by the Department of
14 Labor and Industry, for which fees shall be charged as
15 provided in this chapter.
16 (2) No person shall be permitted in any projection room
17 during any performance, except licensed projectionists,
18 apprentice projectionists, the manager or owner of the
19 theater or authorized officials of the Department of Labor
20 and Industry.
21 (b) Suspension or revocation.--Any license may be suspended
22 or revoked for due cause, but no license shall be revoked until
23 the projectionist or apprentice projectionist has been granted a
24 hearing before the Secretary of Labor and Industry.
25 (c) Fee.--Every application for examination as a
26 projectionist shall be accompanied by a fee.
27 (d) Certificate of competency and license.--
28 (1) If the applicant is successful, a certificate of
29 competency and a license shall be issued upon payment of an
30 additional fee for projectionists of theatrical or commercial
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1 motion pictures, or a fee for projectionists of nontheatrical
2 motion pictures.
3 (2) No examination fee shall be required from apprentice
4 projectionists, but a license fee shall be required, which
5 fee must accompany the application from the apprentice
6 projectionist.
7 (3) For the annual renewal of license for a theatrical
8 or commercial projectionist, a fee shall be charged and must
9 accompany the application for renewal of license, and for
10 nontheatrical projectionists.
11 (4) A renewal fee for apprentice license shall be
12 charged.
13 (5) The Department of Labor and Industry shall establish
14 the fees required under this section by regulation.
15 (6) All fees shall be paid to the Department of Labor
16 and Industry and by the Department of Labor and Industry paid
17 to the State Treasurer, through the Department of Revenue,
18 for the use of the Commonwealth. No registration,
19 examination, license or fee shall be required for anyone to
20 operate approved 16-millimeter or smaller projectors, using
21 cellulose acetate film or similar nonflammable film, with or
22 without sound equipment, not being exhibited in theaters or
23 public places of entertainment regularly used as such at
24 which admission fees are charged.
25 (e) Amount of fee.--Notwithstanding the provisions of this
26 section to the contrary, the amount of any fee referred to in
27 this section shall be determined pursuant to the provisions of
28 section 613-A of the act of April 9, 1929 (P.L.177, No.175),
29 known as The Administrative Code of 1929.
30 § 4308. Approval of plans.
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1 (a) General rule.--The owner, architect, or contractor of
2 every building or structure erected, adapted, remodeled or
3 altered after the effective date of this section shall submit to
4 the Department of Labor and Industry for approval architectural
5 drawings, specifications, or other data showing compliance with
6 the provisions of this chapter and the rules and regulations of
7 the Department of Labor and Industry which may be promulgated
8 for the enforcement of the provisions of this chapter.
9 (b) Building permits.--No building or structure shall be
10 erected, adapted, remodeled or altered until the plans have been
11 examined and approval given by the Department of Labor and
12 Industry, and a building permit obtained in municipalities where
13 the permit is required by ordinance.
14 (c) Fee.--
15 (1) The Department of Labor and Industry shall
16 establish, by regulation, the fee for making the necessary
17 examination for approval of architectural drawings,
18 specifications, or other data, and for related field
19 inspections performed to verify compliance with the approved
20 architectural drawings, specifications or other data; and no
21 such drawings, specifications, or other data shall be
22 approved until payment is made of the fee charged therefor.
23 (2) All fees received by the Department of Labor and
24 Industry for making such examinations shall be paid into the
25 State Treasury through the Department of Revenue.
26 (d) Other approvals.--Any such owner, architect or
27 contractor, whose drawings or specifications have been submitted
28 to and approved by the Department of Labor and Industry, may
29 proceed with the erection, adapting, remodeling or altering of
30 the building or structure without submitting the drawings or
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1 specifications to or obtaining the approval of any other
2 department, board or agency of the State government.
3 (e) Amount of fee.--Notwithstanding the provisions of this
4 section to the contrary, the amount of any fee referred to in
5 this section shall be determined pursuant to the provisions of
6 section 613-A of the act of April 9, 1929 (P.L.177, No.175),
7 known as The Administrative Code of 1929.
8 § 4309. Permits for use or occupancy.
9 (a) General rule.--Before any building or structure
10 hereafter erected, adapted, remodeled or altered shall be used
11 or opened for occupancy, the owner thereof shall notify the
12 Department of Labor and Industry of the completion of the
13 erection, adoption, remodeling or alteration of the building or
14 structure.
15 (b) Issuance of permit.--If the Department of Labor and
16 Industry finds, after proper investigation, that the building or
17 structure complies with the requirements of this chapter, and
18 the rules and regulations promulgated for the enforcement of the
19 provisions of this chapter, then the Department of Labor and
20 Industry shall issue to the owner of the building or structure a
21 permit authorizing the occupancy or use of the building or
22 structure.
23 § 4310. Discontinuance of use.
24 When for any reason the ways of egress required for
25 buildings, priorly used for purposes set forth in this chapter,
26 cannot be provided, or when the owner of the building has been
27 served with a written notice by the Department of Labor and
28 Industry to provide such ways of egress and has failed or
29 neglected to do so within the time specified in such written
30 notice, then that portion of the building for which such
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1 additional ways of egress are required, or the entire building
2 as the case may be, shall be immediately vacated and a notice
3 placed in the portion or the entire building by the direction of
4 the Secretary of Labor and Industry, or his duly authorized
5 representative, forbidding its occupation or use or the
6 occupation or use of the portion affected until the requirements
7 of this chapter have been complied with.
8 § 4311. Failure to submit plans or obtain approval.
9 Whenever the owner of any building or structure to be erected
10 or adapted, remodeled or altered fails to submit plans to the
11 Department of Labor and Industry or, having submitted plans,
12 fails to obtain approval of such plans and nevertheless proceeds
13 with the work of erecting, adapting, remodeling or altering the
14 building, the Department of Labor and Industry shall serve
15 notice on the owner, or the owner's contractor or the architect
16 to immediately cease all work on the building or structures, and
17 a notice shall be placed on the premises prohibiting such work
18 being performed until the plans have been submitted and approval
19 given by the Department of Labor and Industry.
20 § 4312. Failure to comply.
21 Whenever the owner of any building or structure fails to
22 comply with the provisions of this chapter, or the rules and
23 regulations of the Department of Labor and Industry formulated
24 under the authority of this chapter, and a written order has
25 been served upon the owner by the Department of Labor and
26 Industry to comply with those provisions and the rules and
27 regulations of the Department of Labor and Industry and the
28 owner nevertheless fails to comply with the written order within
29 the time specified in the same, the Department of Labor and
30 Industry shall immediately order the building or structure to be
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1 vacated or placed out of service until such time as the
2 requirements of this chapter and the rules and regulations of
3 the Department of Labor and Industry shall have been fully
4 complied with.
5 § 4313. Prosecutions.
6 (a) General rule.--Any person who:
7 (1) Violates any of the provisions of this chapter, or
8 the rules and regulations of the Department of Labor and
9 Industry, or fails or refuses to observe orders for the
10 enforcement of those provisions or rules and regulations
11 issued by duly authorized officers of the Department of Labor
12 and Industry, or hinders, delays or interferes with any
13 officer charged with the enforcement of this chapter in the
14 performance of his duty, shall, upon conviction thereof, be
15 punished by a fine of not more than $5,000 and costs, or not
16 more than three months imprisonment in the county jail, or
17 either, or both, in the discretion of the court.
18 (2) Fails or refuses to vacate a building or portion of
19 a building, or fails to cease work in the erecting,
20 remodeling, adapting or altering of a building, or fails to
21 vacate or place out of service any structure, after due
22 notice having been served upon him by an officer of the
23 Department of Labor and Industry and proper notice having
24 been placed upon the building or structure by such officer,
25 shall be liable for a penalty of $150 a day for each day he
26 shall have so failed or refused to vacate, cease work on, or
27 place out of service the building, portion of building or
28 structure upon which the notice has been placed. The penalty
29 shall be collected in the same manner as any fine payable to
30 the Commonwealth.
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1 (b) Prosecuting authority.--Prosecutions for violations of
2 this chapter, or the rules and regulations of the Department of
3 Labor and Industry, may be instituted by the Secretary of Labor
4 and Industry, or under his directions by any authorized
5 representative of the department, or by duly appointed chiefs of
6 fire departments for violations of the portions of this chapter,
7 they are especially called upon by this chapter to enforce, and
8 shall be in the form of summary criminal proceedings instituted
9 before a magisterial district judge. Upon conviction after a
10 hearing, the sentences provided in this chapter shall be
11 imposed, and shall be final unless an appeal be taken in the
12 manner prescribed by law.
13 (c) Deposit of fines.--All fines collected under this
14 chapter shall be forwarded to the Department of Labor and
15 Industry, who shall pay the same into the State Treasury, for
16 the use of the Commonwealth.
17 § 4314. Liability of owner.
18 In case of fire or panic occurring in any building enumerated
19 in this chapter, in the absence of such safeguards and ways of
20 egress which it is the intent and purpose of this chapter and
21 the rules and regulations of the Department of Labor and
22 Industry to have provided, the owner of the building shall be
23 liable for damages in case of death or personal injury, the
24 result of fire or panic in any buildings, and such action for
25 damages may be maintained by any person now authorized by law to
26 sue as in other case of loss by death or injuries.
27 § 4315. Enforcement.
28 (a) General rule.--The provisions of this chapter shall
29 apply to every building enumerated in this chapter, including
30 buildings owned, in whole or in part, by the Commonwealth, or
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1 any political subdivision thereof, and shall be enforced by the
2 Secretary of Labor and Industry, by and through his authorized
3 representatives.
4 (b) Construction.--Nothing in this chapter shall be
5 construed as affecting buildings in cities of the first class,
6 second class, and second class A, or the licensing of
7 projectionists in cities of the first class and second class,
8 and that duly appointed chiefs of fire departments shall be
9 equally responsible with the Secretary of Labor and Industry for
10 the enforcement of the provisions of this chapter and the
11 regulations of the Department of Labor and Industry pertaining
12 to the removal of obstructions to and maintenance of exits,
13 aisles, passageways, and stairways leading to or from exits in
14 all buildings covered by this chapter, and the inspection and
15 maintenance of emergency lighting systems, fire alarms and fire
16 extinguishing apparatus.
17 (c) Right to enter buildings.--For the purpose of enforcing
18 the provisions of this chapter, all the officers charged with
19 its enforcement shall have the power to enter any of the
20 buildings or structures enumerated in section 4302 (relating to
21 classes of buildings), and no person shall hinder or delay, or
22 interfere with, any of the officers in the performance of their
23 duty, nor refuse information necessary to determine whether the
24 provisions of this chapter, and the rules and regulations
25 provided for under this chapter are or will be complied with.
26 CHAPTER 45
27 ELEVATOR REGULATION
28 Sec.
29 4501. Definitions.
30 4502. General requirement.
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1 4503. Rules and regulations.
2 4504. Examination of inspectors and fees.
3 4505. Inspection of insured elevators.
4 4506. Inspection of uninsured elevators.
5 4507. Frequency of inspections.
6 4508. Issuance of certificates.
7 4509. Discontinuance of operation.
8 4510. Fees for inspection.
9 4511. Plans, permits and inspections.
10 4512. (Reserved).
11 4513. Disposition of fees collected.
12 4514. Enforcement.
13 4515. Procedure in prosecutions.
14 4516. Penalties.
15 § 4501. Definitions.
16 The following words and phrases when used in this chapter
17 shall have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Department." The Department of Labor and Industry of the
20 Commonwealth.
21 "Elevator." All the machinery and equipment used in raising
22 and lowering personnel, material, equipment or other goods or
23 cargo by means of a car, cage or platform vertically between
24 permanent rails or guides. The term includes all elevators,
25 dumbwaiters, escalators, gravity elevators, inclined passenger
26 lifts, hoists, except temporary construction elevators approved
27 and meeting the provisions of sections 4503 (relating to rules
28 and regulations) and 4507 (relating to frequency of
29 inspections), and other lifting or lowering apparatus, except
30 elevators, hoists and lifting or lowering apparatus used in
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1 raising and lowering a car, cage or platform in the coal mines
2 and on slopes used in open-pit coal mining in this Commonwealth,
3 and in the breakers, washeries and cleaning plants connected
4 therewith and which are under the jurisdiction of the Department
5 of Environmental Protection and the mine inspectors. The term
6 does not include elevators, hoists and lifting apparatus used on
7 farms, and except elevators, hoists and lifting or lowering
8 apparatus used in raising and lowering a car, cage or platform
9 in any ore mine.
10 "Establishment." Any room, building or place within this
11 Commonwealth where persons are employed or permitted to work for
12 compensation of any kind, to whomever payable, and any place of
13 business to which the public has access, except private
14 dwellings.
15 "Freight elevator." An elevator constructed and used for the
16 carrying of materials.
17 "Inspector." An inspector examined and authorized by the
18 Department of Labor and Industry to inspect elevators and
19 lifting apparatus in this Commonwealth.
20 "Man lift." A type of elevator which operates by an endless
21 vertical belt which revolves over fixed pulleys at the top and
22 bottom limits of travel and to which steps and hand holds are
23 attached so that persons may ride thereon.
24 "Passenger elevator." An elevator constructed and used for
25 carrying persons.
26 "Person." An individual, firm, partnership, unincorporated
27 association, corporation or municipality.
28 "Temporary construction elevator." An elevator erected
29 temporarily for use in transporting building materials or
30 workmen during construction of new buildings or during
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1 construction or alterations to an existing building.
2 § 4502. General requirement.
3 (a) Safety standard.--Every elevator shall be so
4 constructed, equipped, maintained and operated, with respect to
5 the supporting members, elevator car, shaftway, guides, cables,
6 doors and gates, safety stops and mechanisms, locking
7 mechanisms, electrical apparatus and wiring, mechanical
8 apparatus, counterweights, and all other appurtenances, as to
9 safely sustain the load which the elevator is designed and
10 intended to carry.
11 (b) Man lifts.--No certificate of operation for a man lift
12 shall be refused or suspended, unless such elevator is found to
13 have been incorrectly installed, to be mechanically defective or
14 to be operating under some unnecessary hazard.
15 § 4503. Rules and regulations.
16 (a) General rule.--Except as otherwise provided under
17 subsection (b), to carry out the provisions and the intent and
18 purpose of this chapter, the department shall make, alter, amend
19 or repeal rules and regulations for the construction,
20 installation, maintenance, operation and inspection of elevators
21 used or destined for use in this Commonwealth, and shall make
22 specifications for the construction and equipment of such
23 elevators. No elevator shall be permitted to be installed and
24 used in this Commonwealth which does not comply with these rules
25 and regulations.
26 (b) Exception.--No rules and regulations shall be adopted
27 prohibiting the use of man lifts, except only when such man
28 lifts are found to have been incorrectly installed, to be
29 mechanically defective or to be operating under some unnecessary
30 hazard.
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1 § 4504. Examination of inspectors and fees.
2 (a) Persons who may inspect.--
3 (1) No person shall inspect elevators unless the person
4 has passed a written examination prescribed by the
5 department.
6 (2) Application for examination shall be made in
7 writing, on a form furnished by the department, and shall be
8 accompanied by an examination fee of $40.
9 (3) If the applicant is successful in passing the
10 examination, a certificate of competency and a commission
11 shall be issued upon the payment of an additional fee of $20.
12 (4) All inspectors shall be required to secure a new
13 credential card each year, by application to the department,
14 which application shall be accompanied by a fee of $10.
15 (5) The Secretary of Labor and Industry may suspend any
16 commission for due cause, but no commission may be revoked
17 until the inspector has been granted a hearing.
18 (b) Amount of fee.--Notwithstanding the provisions of this
19 section to the contrary, the amount of any fee referred to in
20 this section shall be determined pursuant to the provisions of
21 section 613-A of the act of April 9, 1929 (P.L.177, No.175),
22 known as The Administrative Code of 1929.
23 § 4505. Inspection of insured elevators.
24 (a) Persons who may inspect.--
25 (1) If an elevator is insured by a company authorized to
26 insure elevators in this Commonwealth against loss from
27 accident, the inspection shall be made by an employee of the
28 company, duly licensed under section 4504 (relating to
29 examination of inspectors and fees), of a firm engaged in the
30 making of inspections on a fee or contract basis when
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1 performing inspections on such basis for an insurance carrier
2 and the only fee collectible by the Commonwealth shall be the
3 certificate fee of $10.
4 (2) Elevators insured and not inspected by the insurance
5 company or other firms authorized under this section shall be
6 inspected by a department inspector with fees for inspections
7 collectible by the Commonwealth, and the fees will be paid by
8 the owner, tenant or lessee responsible for maintenance and
9 upkeep of the elevator.
10 (b) Amount of fees.--Notwithstanding the provisions of this
11 section to the contrary, the amount of any fee referred to in
12 this section shall be determined pursuant to the provisions of
13 section 613-A of the act of April 9, 1929 (P.L.177, No.175),
14 known as The Administrative Code of 1929.
15 § 4506. Inspection of uninsured elevators.
16 If an elevator is not insured, the inspection shall be made
17 by an inspector in the employ of the department, and there shall
18 be a fee charged for each inspection as provided in this
19 chapter.
20 § 4507. Frequency of inspections.
21 The following schedule for inspections shall apply to
22 elevators:
23 (1) Every passenger elevator and escalator shall be
24 inspected four times in every 12 months.
25 (2) Freight elevators, including gravity elevators,
26 shall be inspected at least twice in every 12 months.
27 (3) Dumbwaiters, hoists and other lifting apparatus
28 shall be inspected at least once in every 12 months.
29 (4) Temporary construction elevators shall be load-
30 tested at the time of each erection and inspected every three
20070S0833B1353 - 25 -
1 months thereafter.
2 § 4508. Issuance of certificates.
3 (a) General rule.--Every inspector shall forward to the
4 department a full report of each and every inspection made of
5 any elevator, showing the exact condition of the elevator. If
6 this report indicates that the elevator is in a safe condition
7 to be operated, the department shall issue a certificate of
8 operation for a capacity not to exceed that named in the report
9 of inspection, which certificate shall be valid for 13 months
10 after the date of inspection.
11 (b) Prohibition.--No elevator may be lawfully operated
12 without having such a certificate conspicuously posted in the
13 elevator car, cage or platform, or adjacent to one of the
14 entrances to such elevator.
15 § 4509. Discontinuance of operation.
16 If any elevator is found, in the judgment of an inspector in
17 employ of the department, to be dangerous to life and property
18 or operating without the operating certificate required by this
19 chapter, the inspector may require the owner or user of the
20 elevator to discontinue its operation within 24 hours, and the
21 inspector shall immediately report all facts in connection with
22 such elevator to the department, and shall place a notice in the
23 elevator car to this effect. In the event a certificate has been
24 issued for the elevator, the certificate shall be suspended, and
25 not renewed until the elevator is placed in a safe condition. In
26 such case, where an elevator has been placed out of service, the
27 owner or user of the elevator shall not again operate the
28 elevator until repairs have been made and permission is given by
29 the inspector to resume operation of the elevator.
30 § 4510. Fees for inspection.
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1 (a) Fee schedule.--The fee for the certificate of operation
2 for all insured and uninsured elevators shall be $10. When
3 elevators are inspected by inspectors of the department, the
4 following fee shall be charged in addition to the certificate
5 fee:
6 (1) For passenger elevators, fees not exceeding $80
7 annually.
8 (2) For freight elevators, including gravity elevators,
9 fees not exceeding $40 annually.
10 (3) For dumbwaiters, hoists and other lifting apparatus,
11 fees not exceeding $20 annually.
12 (4) For building hoists, fees not exceeding $20 for each
13 inspection.
14 (b) Amount of fee.--Notwithstanding the provisions of this
15 section to the contrary, the amount of any fee referred to in
16 this section shall be determined pursuant to the provisions of
17 section 613-A of the act of April 9, 1929 (P.L.177, No.175),
18 known as The Administrative Code of 1929.
19 § 4511. Plans, permits and inspections.
20 (a) Submission of plans to department.--Before any elevator
21 is erected and installed, detailed plans and specifications of
22 its apparatus, in triplicate, shall be submitted to the
23 department for approval. The application for the approval of
24 plans of elevators shall be accompanied by the following fees:
25 (1) Dumbwaiters, $50.
26 (2) Freight elevators, $50.
27 (3) Passenger elevators, $50.
28 If the plans are approved, a permit for the erection and
29 installation of an elevator shall be issued by the department,
30 and a final inspection shall be made of the apparatus when
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1 installed and ready for operation, before final approval shall
2 be given by the department. The elevator shall not be operated
3 until final inspection and approval are given, unless a
4 temporary permit is granted by the department. These fees shall
5 include the initial inspection and certificate of operation.
6 (b) When permit required.--No elevator shall be repaired,
7 renovated or reerected when the changes involve major repairs
8 unless a permit is obtained from the department. Major repairs
9 are those likely to involve reinspection or testing and may be
10 more specifically defined by rules and regulations established
11 by the department. When repairs or changes are extensive, the
12 department may require that triplicate plans and specifications
13 be submitted to it before a permit is granted. The fee for a
14 permit shall be $50 for passenger elevators and for freight
15 elevators. Where major repairs have been made on an elevator or
16 lifting apparatus, it shall not again be operated until a final
17 inspection or test and approval by the department has been
18 given. The testing or inspection fee shall be included in the
19 plans approval.
20 (c) Amount of fees.--Notwithstanding the provisions of this
21 section to the contrary, the amount of any fee referred to in
22 this section shall be determined pursuant to the provisions of
23 section 613-A of the act of April 9, 1929 (P.L.177, No.175),
24 known as The Administrative Code of 1929.
25 § 4512. (Reserved).
26 § 4513. Disposition of fees collected.
27 All fees provided for by this chapter shall be paid by cash,
28 money order or certified check to the Department of Labor and
29 Industry, who shall transmit the same to the State Treasurer,
30 through the Department of Revenue.
20070S0833B1353 - 28 -
1 § 4514. Enforcement.
2 The department shall enforce the provisions of this chapter.
3 § 4515. Procedure in prosecutions.
4 Prosecutions for violations of the provisions of this chapter
5 or the rules and regulations of the department may be instituted
6 by the department and shall be in the form of summary
7 proceedings before a magisterial district judge. Upon
8 conviction, after a hearing, the penalties hereinafter provided
9 for shall be imposed, and shall be final, unless an appeal is
10 taken to a court of proper jurisdiction in the manner prescribed
11 by law.
12 § 4516. Penalties.
13 (a) General rule.--Any person who violates any of the
14 provisions of this chapter or the rules and regulations of the
15 department, or who fails or neglects to pay the fees required
16 under this chapter shall, for the first offense, be penalized by
17 a fine of not more than $100 and costs, and, upon nonpayment
18 thereof, imprisonment for not more than ten days, and for each
19 subsequent offense shall be penalized by a fine of not more than
20 $200 and costs, and, upon nonpayment thereof, imprisonment for
21 not more than 30 days. Any person who shall continue to operate
22 his elevator or other lifting apparatus after notice to
23 discontinue its use as set forth in section 4509 (relating to
24 discontinuance of operation), shall be penalized in a like
25 action by a fine of $5 for each day the elevator or lifting
26 apparatus has been operated after the service of the notice, in
27 addition to the fines set forth in this chapter.
28 (b) Deposit of fines.--All fines collected under this
29 chapter shall be forwarded to the Department of Labor and
30 Industry, who shall transmit the same to the State Treasurer,
20070S0833B1353 - 29 -
1 through the Department of Revenue.
2 CHAPTER 47
3 BUILDING ACCESSIBILITY FOR
4 PERSONS WITH DISABILITIES
5 Sec.
6 4701. Findings and declaration of policy.
7 4701.1. Definitions.
8 4701.2. Applicability of standards.
9 4701.3. Degree of conformity.
10 4701.4. Exclusions.
11 4702. (Reserved).
12 4702.1. Special parking areas.
13 4703. Powers and duties of department.
14 4703.1. Advisory board.
15 4703.2. Private right of action.
16 § 4701. Findings and declaration of policy.
17 The General Assembly finds and declares as follows:
18 (1) Many architectural barriers exist in the buildings
19 and facilities within this Commonwealth which impede access
20 to and use of these buildings by a sizeable segment of the
21 population. These architectural barriers effectively prohibit
22 persons with physical disabilities, both permanent and
23 temporary, from pursuing an education, entering the work
24 force and enjoying cultural and social activities. For
25 persons with physical disabilities, accessibility is a
26 necessity which enables them to achieve independence and
27 freedom of movement. For many others, such as senior citizens
28 and small children, accessible features are equally
29 advantageous.
30 (2) Therefore, in order to provide for the general
20070S0833B1353 - 30 -
1 welfare of all citizens, all new construction of buildings,
2 included within the provisions of this chapter, shall be
3 accessible to and usable by persons with physical
4 disabilities. As existing buildings are remodeled,
5 accessibility features shall be incorporated into these
6 buildings to the maximum extent feasible. It is recognized by
7 the General Assembly that the degree of accessibility
8 achievable when existing buildings are remodeled will, under
9 certain circumstances, be less than that possible in new
10 construction. When the incorporation of accessibility
11 elements in existing buildings results in an extreme
12 hardship, then variances may be obtained.
13 (3) It is the intent of the General Assembly that as
14 many buildings as possible be required to conform to the
15 provisions set forth in this chapter and in the regulations
16 adopted pursuant to it. Therefore, this chapter shall be
17 broadly construed when determining which buildings must
18 comply with the statutory and regulatory provisions. When
19 determining which buildings are excluded or exempt from the
20 statutory and regulatory provisions, this chapter shall be
21 strictly construed.
22 § 4701.1. Definitions.
23 The following words and phrases when used in this chapter
24 shall have the meanings given to them in this section unless the
25 context clearly indicates otherwise:
26 "Accessible." Describes a building, building site or portion
27 thereof which complies with the specifications and standards
28 established by the Department of Labor and Industry and that can
29 be approached, entered and negotiated by persons with physical
30 disabilities. In the case of existing buildings, the department
20070S0833B1353 - 31 -
1 under certain conditions may allow, by regulation or variance,
2 for a lesser degree of accessibility than that required for new
3 construction. In the case of residential buildings, the
4 department may allow, by regulation, that adaptable units will
5 meet accessibility requirements.
6 "Accessible route." A continuous unobstructed path which
7 connects all areas within a building and a building site that
8 can be negotiated by a person with a severe physical disability
9 using a wheelchair and that is also safe for and usable by
10 people with other physical disabilities. Interior accessible
11 routes include, but are not limited to, corridors, floors,
12 ramps, elevators, lifts and clear floor space at fixtures.
13 Exterior accessible routes include, but are not limited to,
14 parking access aisles, curb cuts, walks, ramps and lifts.
15 "Adaptable." The ability of certain building spaces and
16 elements, such as kitchen counters, sinks and grab bars, to be
17 added or altered so as to accommodate the needs of either
18 disabled or nondisabled persons, or to accommodate the needs of
19 persons with different types or degrees of disabilities.
20 "Building site." A parcel of land bounded by a property line
21 or a designated portion of a public right-of-way.
22 "Construction cost." The total cost or estimated cost of a
23 building, including all labor, materials and fixed equipment at
24 current market rates and a reasonable allowance for overhead and
25 profit for a building contractor, and excluding the cost of
26 architectural fees, other design consultant fees, and the cost
27 of the land. The owner or owner's agent shall provide the
28 construction cost to the department.
29 "Construction documents." Drawings, specifications or both
30 which delineate proposed construction or remodeling.
20070S0833B1353 - 32 -
1 "Department." The Department of Labor and Industry of the
2 Commonwealth. In cities of the first class, second class and
3 second class A, the term means the agency assigned the
4 responsibility of enforcing this chapter.
5 "Net floor area." The surface area included within the
6 surrounding walls of a building, including all areas occupied by
7 equipment or furnishings, and excluding vent shafts, elevator
8 shafts, fire towers and other areas as may be designated by
9 regulation.
10 "Persons with physical disabilities." Individuals who have a
11 physical impairment, including impaired sensory or manual
12 abilities, which results in a functional limitation in access to
13 and use of a building or facility.
14 "Public." Employees, visitors or any other persons who may
15 be on the premises for a lawful purpose.
16 "Remodeled," "remodeling," "remodels." Renovated,
17 reconstructed, altered or added to. The Department of Labor and
18 Industry may, by regulation, exclude specifically from this
19 definition minor repairs and necessary maintenance which do not
20 affect the accessibility or usability of a building by persons
21 with physical disabilities. Regulations shall provide for such
22 exclusions as roofing alterations; energy efficiency improvement
23 measures such as weatherization and the addition of insulation;
24 window repair or replacement; rebuilding or replacement of
25 heating, ventilating and cooling systems; remodelings which are
26 cosmetic in nature, such as painting, plastering, improving wall
27 coverings, and repair and replacement of carpeting and floor
28 coverings; and other similar alterations.
29 "Secretary." The Secretary of Labor and Industry of the
30 Commonwealth. In cities of the first class, second class and
20070S0833B1353 - 33 -
1 second class A, the term means the administrative head of the
2 agency assigned the responsibility of enforcing this chapter.
3 "Variance." The permitted use of a standard or specification
4 which differs in degree or measurement from the requirements of
5 this chapter or regulations adopted pursuant to it or a
6 permitted alternative solution to a design problem.
7 "Worth of the building." The value of the building prior to
8 the remodeling as can be reasonably determined, based upon the
9 use of the building and the net floor area, either from a table
10 of standard values established by the Department of Labor and
11 Industry or from an appraisal provided by the owner or owner's
12 agent.
13 § 4701.2. Applicability of standards.
14 (a) Government buildings.--The standards and specifications
15 set forth in this chapter and in regulations adopted pursuant to
16 it shall apply to all buildings used by the public, including,
17 but not limited to, buildings of assembly, educational
18 institutions and office buildings which are constructed, leased
19 or remodeled on or after the effective date of this chapter, in
20 whole or in part, by the use of Commonwealth funds or the funds
21 of any instrumentality or political subdivision of the
22 Commonwealth.
23 (b) Private buildings.--The standards and specifications set
24 forth in this chapter and in regulations adopted pursuant to it
25 shall also apply to any building used by the public that is
26 constructed or remodeled on or after the effective date of this
27 chapter, including, but not limited to:
28 (1) Factories, power plants, mercantile buildings,
29 shopping centers, department stores, retail stores,
30 restaurants with sit-down, interior dining facilities,
20070S0833B1353 - 34 -
1 hotels, motels, office buildings, financial institutions,
2 hospitals, public and private institutions, convalescent and
3 nursing homes, schools, colleges, dormitories, auditoriums,
4 gymnasiums, transportation stations and terminals, warehouses
5 and garages.
6 (2) Theaters, motion picture theaters, museums, concert
7 halls and summer stock theaters.
8 (3) Public halls, dance halls, banquet halls, lodge
9 halls, skating rinks, armory halls or any other type of
10 auditorium where the public assembles.
11 (4) Places of worship.
12 (5) Apartment houses, multistory condominium complexes,
13 certain multifamily dwellings, clubhouses, lodging houses and
14 rooming houses.
15 (6) Grandstands, sports arenas, stadiums and
16 amphitheaters.
17 (7) Any other building, facility or complex used by the
18 public.
19 (c) Building sites.--The standards and specifications set
20 forth in this chapter and in regulations adopted pursuant to it
21 shall also apply to building sites for a building or facility to
22 which this chapter applies. Such building sites shall provide an
23 accessible route.
24 § 4701.3. Degree of conformity.
25 (a) New buildings.--All new construction, begun on or after
26 September 1, 1965, of buildings and building sites which must
27 comply with this chapter and section 4701.2 (relating to
28 applicability of standards) shall be accessible to and usable by
29 persons with physical disabilities. New construction of
30 buildings and building sites for which the contracts for the
20070S0833B1353 - 35 -
1 planning, design or both have been awarded prior to September 1,
2 1965, shall not be construed as having begun construction on or
3 after the effective date of this chapter.
4 (b) Existing buildings.--
5 (1) Except as provided in paragraph (2), all remodeling
6 begun on or after September 1, 1965, of buildings and
7 building sites which must comply with this chapter pursuant
8 to section 4701.2 shall be accessible to and usable by
9 persons with physical disabilities to the degree required as
10 follows:
11 (i) When the construction cost of the remodeling is
12 less than 30% of the worth of the building, only the
13 remodeled area or areas shall be made accessible to and
14 usable by persons with physical disabilities. An
15 accessible route to the remodeled area or areas is not
16 required.
17 (ii) When the construction cost of the remodeling is
18 greater than or equal to 30% but less than 50% of the
19 worth of the building, the remodeled area or areas shall
20 be made accessible to and usable by persons with physical
21 disabilities, and an accessible route to the remodeled
22 area or areas shall be provided. The cost of providing an
23 accessible route to the remodeled area or areas shall not
24 be considered when calculating the required degree of
25 conformity.
26 (iii) When the construction cost of the remodeling
27 is 50% or more of the worth of the building, the entire
28 building and building site shall be made accessible to
29 and usable by persons with physical disabilities.
30 (iv) When any series of remodeling is made to a
20070S0833B1353 - 36 -
1 building over any three-year period which accumulates in
2 a series of construction costs which total 30% or more
3 but less than 50% of the worth of the building at the
4 beginning of the three-year period, the remodeled areas
5 shall be made accessible to and usable by persons with
6 physical disabilities and an accessible route to the
7 areas shall be provided. When any series of remodeling is
8 made to a building over any three-year period which
9 accumulates in any series of construction costs which
10 total 50% or more of the worth of the building at the
11 beginning of the three-year period, the entire building
12 and building site shall be made accessible to and usable
13 by persons with physical disabilities.
14 (2) Remodeling of buildings and building sites for which
15 the contracts for the planning, design or both have been
16 awarded prior to September 1, 1965, shall not be construed as
17 having begun construction on or after September 1, 1965.
18 (c) Government leased buildings or building space.--
19 Commencing one year after promulgation of the regulations
20 necessary to carry out this chapter, whenever a new lease is
21 entered to lease new building space of 2,800 square feet or
22 more, the lessor shall lease a building or building space which
23 is accessible to and usable by persons with physical
24 disabilities when such building or building space is leased, in
25 whole or in part, by the use of Commonwealth funds, the funds of
26 any instrumentality of the Commonwealth or the funds of any
27 political subdivision of the Commonwealth. When only a part of a
28 building is being leased, an accessible route shall be provided
29 to the leased space.
30 (d) New or existing multifamily dwellings.--The percentage
20070S0833B1353 - 37 -
1 of the units available for use as multifamily dwellings, in any
2 new residential construction or in remodeling of existing
3 buildings, to be required to conform to the provisions of this
4 chapter shall be determined by the department in conjunction
5 with the advisory board established under section 4703.1
6 (relating to advisory board).
7 § 4701.4. Exclusions.
8 (a) Certain residential construction.--Existing single-
9 family, townhouse and multifamily dwellings which are
10 exclusively residential and which house ten or fewer families
11 are excluded from the requirements of this chapter. New single-
12 family, townhouse and multifamily dwellings which are
13 exclusively residential and which house six or fewer families
14 are excluded from the requirements of this chapter.
15 (b) Certain new construction.--In new construction of a
16 private building as described in section 4701.2(b) (relating to
17 applicability of standards) with less than 2,800 square feet of
18 net floor area, only the ground level floor of the building must
19 be accessible to and usable by persons with physical
20 disabilities. Existing private buildings that have less than
21 2,800 square feet of net floor area are excluded from the
22 requirements of this chapter. If an existing private building is
23 remodeled in such a way so that the resulting net floor area
24 upon completion of the remodeling will be 2,800 square feet or
25 more, then the building must comply with the requirements of
26 this chapter and be accessible to and usable by persons with
27 physical disabilities to the degree required by section 4701.3
28 (relating to degree of conformity).
29 (c) Certain construction.--In the case of new and existing
30 construction with less than 12,500 square feet of net floor
20070S0833B1353 - 38 -
1 area, an elevator or ramp is not required to provide an
2 accessible route to nongrade-level floors. Access is required to
3 grade-level floors.
4 (d) Designated historic buildings.--Accessibility provisions
5 are not required where the department or the State Historic
6 Preservation Officer or other duly appointed agent for enforcing
7 the historic preservation provisions of the United States
8 Department of Interior determines that renovations cannot be
9 accomplished without threatening or destroying the historic
10 fabric of a building which has been identified and classified by
11 the Pennsylvania Historical and Museum Commission as historic or
12 for which an approval for a Part I application to the United
13 States Department of Interior has been granted.
14 (e) Comparable service areas.--In the case of remodeled
15 construction, an accessible route need not be provided to the
16 remodeled area where an occupant offers goods, services or
17 facilities that are comparable to those the occupant offers
18 elsewhere in the building in an accessible area. The department
19 shall determine if goods, services or facilities are comparable.
20 (f) Certain special purpose spaces.--Accessibility
21 provisions are not required in the following special purpose
22 spaces: elevator pits, elevator penthouses, mechanical rooms,
23 piping or equipment catwalks, electrical or telephone closets,
24 general utility rooms, walk-in freezers and fur vaults. The
25 department may also, by regulation, identify additional building
26 spaces used for special purposes which may be exempt from
27 complying with all or part of the rules and regulations
28 promulgated pursuant to this chapter. In addition, compliance
29 with the provisions of this chapter and regulations promulgated
30 pursuant to it is not required in areas where only employees
20070S0833B1353 - 39 -
1 have occasion to enter and within which the work cannot
2 reasonably be performed by a person with a physical disability
3 because of the nature of the abilities required.
4 § 4702. (Reserved).
5 § 4702.1. Special parking areas.
6 At least one parking area shall be made accessible to the
7 building by either placing it at the grade level of the building
8 or providing ramps at curbs or steps between the parking area
9 and the building. Efforts shall be made to determine that an
10 adequate number of handicapped parking spaces for government
11 buildings exist.
12 § 4703. Powers and duties of department.
13 (a) Regulatory powers.--The department shall promulgate
14 rules and regulations necessary to carry out the purposes of
15 this chapter and establish specifications and standards for
16 applicable buildings and building sites. In so doing, the
17 department shall consult with the advisory board established
18 under section 4703.1 (relating to advisory board). When
19 formulating rules and regulations, the department, in
20 consultation with the advisory board, shall consider the
21 standards published in the latest edition of the American
22 National Standards Institute (ANSI), the Architectural and
23 Transportation Barriers Compliance Board (ATBCB), the Uniform
24 Federal Accessibility Standards (UFAS), and other applicable
25 recognized barrier-free design and construction standards.
26 (b) Approval of plans.--It shall be the duty of the owner or
27 owner's agent of every building or building site covered by this
28 chapter constructed or remodeled after the effective date of
29 this section, to submit to the department for approval
30 construction documents, requests for variances or other data
20070S0833B1353 - 40 -
1 required by the department showing compliance with the
2 provisions of this chapter and with regulations adopted pursuant
3 to it. No building or building site covered by this chapter
4 shall be constructed or remodeled until approval has been given
5 by the department.
6 (c) Review of variance requests.--Construction documents
7 that, due to special circumstances, request variances from the
8 requirement of this chapter and the regulations promulgated
9 under it shall be reviewed and acted upon by the advisory board
10 before the department takes final action. Any requests for a
11 variance not acted upon by the department within 60 days after
12 receipt of the request shall be deemed granted. The department
13 may grant a variance if it finds all of the following:
14 (1) Compliance with the provisions of this chapter and
15 regulations promulgated under it would result in an extreme
16 hardship which may include, but is not limited to, instances
17 where compliance would result in prohibitive costs or a
18 conflict with local zoning ordinances or where compliance is
19 not feasible due to inherent dimensional, structural or other
20 physical constraints.
21 (2) The extreme hardship has not been created by the
22 applicant.
23 (3) The terms of the variance are consistent with the
24 intent of this chapter. In existing buildings, the terms of a
25 variance may exempt a portion of the remodeled area from a
26 requirement of this chapter and regulations adopted pursuant
27 to it.
28 (d) Issuance of certificate of occupancy.--The department
29 shall not issue a permit authorizing the use or occupancy of a
30 building until the department finds that the building complies
20070S0833B1353 - 41 -
1 with the requirements of this chapter and regulations
2 promulgated pursuant to it.
3 (e) Enforcement.--
4 (1) If a governmental agency or the owner or owner's
5 agent of a building covered by this chapter fails to obtain
6 approval from the department and nevertheless proceeds with
7 construction or remodeling of the building, this shall
8 constitute a violation of this chapter, and the department
9 shall serve notice on the agency or owner or owner's agent.
10 The department may order the agency, owner or owner's agent
11 to cease all work on the building immediately. When the
12 department orders all work to cease on a building, a notice
13 shall be placed at the building site prohibiting the
14 continuation of work being performed until approval is given
15 by the department.
16 (2) If a building covered by this chapter shall be
17 constructed, remodeled or leased in violation of any
18 provisions of this chapter or of the regulations promulgated
19 under it, a written order shall be served by the department
20 upon the particular governmental agency or private owner or
21 the owner's agent identifying the conditions which constitute
22 the violation, directing their correction within reasonable
23 and specified time periods and notifying the agency, owner or
24 owner's agent of appeal rights as set forth below.
25 (3) An order issued by the department pursuant to this
26 chapter may be appealed to the secretary within 30 days of
27 issuance. The appeal may include an application for a
28 variance. The secretary shall consider the guidelines and
29 recommendations of the advisory board and issue an
30 adjudication in accordance with 2 Pa.C.S. (relating to
20070S0833B1353 - 42 -
1 administrative law and procedure).
2 (4) The department may secure enforcement of its orders
3 or other appropriate relief through the courts of common
4 pleas. Enforcement of a departmental order shall be initiated
5 by the filing of a complaint in the appropriate court and
6 issuance and service of a copy of the complaint as in
7 proceedings in equity.
8 (5) A governmental agency or private owner who violates
9 a provision of this chapter or of the regulations promulgated
10 under it and who fails or refuses to observe orders issued by
11 the department for enforcement of this chapter or regulations
12 promulgated under it shall be subject to a fine of not more
13 than $300 for each day that the violation continues.
14 Prosecutions for violations of this chapter or regulations of
15 the department shall be in the form of summary criminal
16 proceedings. Upon conviction, after a hearing, these
17 penalties shall be imposed and shall be final unless an
18 appeal be taken in the manner prescribed by law.
19 (6) Cities of the first class, second class and second
20 class A shall be responsible for the enforcement of this
21 chapter.
22 § 4703.1. Advisory board.
23 (a) Establishment and composition.--An advisory board is
24 established and shall be composed of 11 members appointed by the
25 secretary. At least six members of the advisory board shall be
26 public members, three of whom shall be persons with physical
27 disabilities, one shall be an architect registered in
28 Pennsylvania, one shall be a member of the business community
29 and one shall be a representative of the multifamily housing
30 industry. The chairman and minority chairman of the Labor
20070S0833B1353 - 43 -
1 Relations Committee of the House of Representatives and the
2 chairman and minority chairman of the Labor and Industry
3 Committee of the Senate, or their designees, shall be members.
4 All members of the advisory board, except the representatives of
5 the General Assembly, shall serve for a term of two years and
6 until their successors are appointed. The members of the
7 advisory board shall be paid traveling expenses and other
8 necessary expenses and may receive a per diem compensation at a
9 rate to be determined by the secretary for each day of actual
10 service in the performance of their duties under this chapter.
11 Meetings of the advisory board shall be called by the secretary.
12 A quorum of the advisory board shall consist of four members.
13 (b) Preparation of guidelines.--The advisory board shall
14 review the principles, standards and specifications of this
15 chapter and the regulations adopted pursuant to it and the
16 impact of this chapter and its regulations on entities affected
17 by its coverage and shall develop guidelines under which
18 variances from the provisions of this chapter and regulations
19 adopted pursuant to it may be granted.
20 (c) Recommendations for variances.--The advisory board shall
21 review all applications for variances from the provisions of
22 this chapter and from regulations adopted pursuant to it and
23 shall advise the secretary on whether a variance should be
24 granted.
25 (d) Consideration of guidelines and recommendations by the
26 secretary.--The secretary may grant a variance from the
27 provisions of this chapter and from regulations adopted pursuant
28 to it. When determining whether to grant a variance, the
29 secretary shall consider the guidelines of the advisory board
30 and its recommendations on the particular applications.
20070S0833B1353 - 44 -
1 § 4703.2. Private right of action.
2 (a) Citizen complaints.--Any individual, partnership,
3 agency, association or corporation who reasonably believes there
4 is a violation of this chapter and the regulations by a
5 governmental agency or private owner may file a complaint with
6 the department. The complaint shall be in writing, shall be
7 verified and shall set forth the grounds for the complaint.
8 Within 60 days after receipt of the complaint, the department
9 shall respond to the complainant by acknowledging receipt of the
10 complaint in writing. The department shall investigate the
11 complaint and respond to the complainant in writing with its
12 findings, determinations and any enforcement measures initiated
13 or contemplated within 120 days after receipt of the complaint.
14 For the purpose of investigating a complaint, an employee of the
15 department may inspect at reasonable times the building or
16 building site which is the subject of the complaint and may make
17 any additional investigation deemed necessary for the full and
18 effective determination of compliance with this act and
19 regulations promulgated pursuant to it.
20 (b) Judicial review.--Any individual, partnership, agency,
21 association or corporation aggrieved by a final determination of
22 the department may file a petition for review within 30 days of
23 the final determination in the Commonwealth Court pursuant to 42
24 Pa.C.S. § 763(a) (relating to direct appeals from government
25 agencies). The decision of the department shall not be reversed
26 or modified unless it is found to be arbitrary, capricious,
27 illegal or not supported by substantial evidence.
28 (c) Original action.--
29 (1) Any individual, partnership, agency association or
30 corporation who filed a complaint pursuant to subsection (a)
20070S0833B1353 - 45 -
1 and received no written response from the department
2 acknowledging receipt of its complaint within 60 days, or
3 received a response from the department indicating that a
4 violation was found but enforcement measures were not
5 contemplated or enforcement measures were contemplated but
6 such measures were not initiated after a period of 60 days
7 from said response may either bring suit in the Commonwealth
8 Court against the department for failure to enforce the
9 provisions of this chapter and regulations promulgated
10 pursuant to it or may bring a civil action in the appropriate
11 court of common pleas against the building owner or owner's
12 agent for a violation of any provisions of this chapter or
13 regulations promulgated pursuant to it.
14 (2) If the court finds a violation of this chapter or of
15 regulations adopted pursuant to it, the court may enjoin
16 construction or remodeling of the building, direct the
17 correction of violations within a reasonable and specified
18 time period or order such other relief deemed appropriate.
19 The court, in issuing any final order in any action brought
20 pursuant to this section, may award costs of litigation,
21 including attorney and expert witness fees, to any party,
22 whenever the court determines such award is appropriate. The
23 court may, if a temporary restraining order or preliminary
24 injunction is sought, require the filing of a bond or
25 equivalent security in accord with the Rules of Civil
26 Procedure.
27 (3) An architect or licensed design professional who has
28 complied with the provisions of this chapter and its regulations
29 and prepared construction documents in accordance with accepted
30 professional standards shall have no further liability pursuant
20070S0833B1353 - 46 -
1 to litigation commenced under this section.
2 CHAPTER 49
3 CONSTRUCTION PERMITS
4 Sec.
5 4901. Construction permits.
6 § 4901. Construction permits.
7 (a) General rule.--A municipality which regulates the
8 construction, erection, maintenance, operation or repair of
9 buildings, structures or devices by means of an ordinance
10 requiring the filing of an application, the payment of a fee and
11 the issuance of a permit shall render a decision either
12 approving or disapproving the application for a permit within 90
13 days after the application is filed unless the ordinance
14 requires a decision within a lesser period of time, provided
15 that any disapproval of the application shall be issued within
16 the 90-day period containing a brief explanation setting forth
17 the reasons for said disapproval and the manner in which the
18 application can be corrected and/or modified to obtain the
19 required approval. If no decision is rendered on the application
20 within 90 days, the application shall be deemed to be approved
21 and the permit shall be deemed to have been granted immediately,
22 unless the applicant has agreed in writing to an extension of
23 time. No agreement to extension of time for action may be made a
24 part of an application form nor may any such agreement be
25 required of any applicant under threat of denial of the
26 application.
27 (b) Highway access.--No building permit shall be issued for
28 any property which will require access to a highway under the
29 jurisdiction of the Department of Transportation unless the
30 permit contains a notice that a highway occupancy permit is
20070S0833B1353 - 47 -
1 required pursuant to section 420 of the act of June 1, 1945
2 (P.L.1242, No.428), known as the State Highway Law, before
3 driveway access to a State highway is permitted. The department
4 shall, within 60 days of the date of receipt of an application
5 for a highway occupancy permit:
6 (1) approve the permit;
7 (2) deny the permit;
8 (3) return the application for additional information or
9 correction to conform with department regulations; or
10 (4) determine that no permit is required, in which case
11 the department shall notify the municipality and applicant in
12 writing.
13 If the department shall fail to take any action within the 60-
14 day period, the permit will be deemed to be issued. The permit
15 shall be marked to indicate that access to the State highway
16 shall be only as authorized by a highway occupancy permit.
17 Neither the department nor any municipality to which permit-
18 issuing authority has been delegated under section 420 of the
19 State Highway Law shall be liable in damages for any injury to
20 persons or property arising out of the issuance or denial of a
21 driveway permit, or for failure to regulate any driveway.
22 Furthermore, the municipality from which the building permit
23 approval has been requested shall not be held liable for damages
24 to persons or property arising out of the issuance or denial of
25 a driveway permit by the department.
26 (c) Definition.--As used in this section, "buildings,
27 structures or devices" means anything constructed or erected
28 with a fixed location on or in the ground, including dwellings,
29 offices, places of assembly, mobile homes, signs, walls, fences,
30 or other improvements to real estate.
20070S0833B1353 - 48 -
1 CHAPTER 51
2 BUILDING ENERGY CONSERVATION
3 Subchapter
4 A. General Provisions
5 B. Energy Conservation Standards
6 C. Application of Standards; Establishment of Committee
7 and Penalties
8 D. Adoption of Future Standards
9 E. Local Election
10 F. Miscellaneous Provisions
11 SUBCHAPTER A
12 GENERAL PROVISIONS
13 Sec.
14 5101. Scope.
15 5102. Legislative findings and declaration of purpose.
16 5103. Definitions.
17 § 5101. Scope.
18 This chapter relates to building energy conservation.
19 § 5102. Legislative findings and declaration of purpose.
20 (a) Findings.--The General Assembly hereby determines that:
21 (1) Energy shortages in the domestic supply present far-
22 reaching problems that promise to persist. These energy
23 shortages affect the continued efficient operation of the
24 Commonwealth's economy and social structure.
25 (2) It is the Commonwealth's responsibility to provide
26 for energy conservation through regulation of design and
27 construction standards.
28 (3) The General Assembly intends, by this chapter, to
29 respond to these shortages by devising a specific responsible
30 energy conservation policy for building systems.
20070S0833B1353 - 49 -
1 (b) Purpose.--The purpose of this chapter is to grant to the
2 Department of Labor and Industry and the Department of Community
3 and Economic Development and direct these departments to
4 exercise specific authority in building construction to assure
5 that such construction is performed using materials and
6 techniques that will provide for energy conservation in the
7 future operation and maintenance of said buildings.
8 § 5103. Definitions.
9 The following words and phrases when used in this chapter
10 shall have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Addition." Any addition to an existing building. The
13 provisions of this chapter shall only apply to the portion of
14 the building which is being added and not to the entire
15 building.
16 "Building." Any structure that provides facilities or
17 shelter for public assembly or for educational, business,
18 mercantile, institutional, warehouse or residential occupancy or
19 industrial use, including but not limited to, those portions of
20 factory and industrial occupancy such as office space, except
21 for:
22 (1) Buildings and structures or portions thereof whose
23 peak design rate of energy usage is less than one watt per
24 square foot or 3.5 BTU/hr per square foot of floor area for
25 all purposes.
26 (2) Structures or those portions of structures used for
27 housing equipment or machinery, or in which manufacturing or
28 processing is done, where the operation of such equipment or
29 machinery, or the manufacturing or processing procedures
30 employed require the use of or generate substantial heat
20070S0833B1353 - 50 -
1 producing energy or cooling within the structure. The
2 generation of substantial heat shall mean generation of more
3 than six watts per square foot of floor area.
4 (3) Buildings which are neither heated nor cooled.
5 (4) Historic buildings.
6 (5) Buildings owned by the Federal Government.
7 (6) All units subject to the act of May 11, 1972
8 (P.L.286, No.70), known as the Industrialized Housing Act.
9 (7) All units subject to Title VI of the National
10 Manufactured Housing Construction and Safety Standards Act of
11 1974 (Public Law 93-383, 42 U.S.C. § 5401 et seq.).
12 (8) Buildings which are constructed primarily of tree
13 logs and only incidentally of other materials.
14 "Construction." The erection, fabrication or renovation of a
15 building.
16 "Department." The Department of Labor and Industry of the
17 Commonwealth, except that for all buildings classified as Use
18 Group R-3, the term means the Department of Community and
19 Economic Development.
20 "Design." Calculations and resultant drawings and
21 specifications which are used for the construction of a
22 building.
23 "Historic building." Any building determined by the State
24 Historic Preservation Officer to meet the criteria for listing
25 on the National Register of Historic Places but only to the
26 extent that compliance with this chapter would prevent
27 preservation of the historic or architectural integrity of the
28 building.
29 "Licensed design professional." A person licensed as an
30 architect or professional engineer pursuant to the appropriate
20070S0833B1353 - 51 -
1 licensure act.
2 "Life-cycle cost." The cost of a building including its
3 initial cost, the cost of the energy consumed over its economic
4 life and the cost of its operation and maintenance.
5 "Municipality." A city, borough, incorporated town, township
6 or home rule municipality.
7 "Performance standards." Parameters within which designers
8 of buildings shall work. The specific practices that a designer
9 employs shall not be prescribed as long as the result is within
10 the parameters established by the standards.
11 "Public utility." A person or corporation in this
12 Commonwealth owning or operating equipment or facilities for
13 producing, generating, transmitting, distributing or furnishing
14 electricity to or for the public for compensation for any
15 purpose. The term includes such persons or corporations
16 regulated by the Pennsylvania Public Utility Commission under 66
17 Pa.C.S. (relating to public utilities), but does not include any
18 of the following:
19 (1) A generator or producer of electricity not engaged
20 in distributing the electricity directly to the public for
21 compensation.
22 (2) A person not otherwise a public utility who
23 furnishes service only to himself.
24 (3) A bona fide cooperative association which furnishes
25 services only to its stockholders or members on a nonprofit
26 basis.
27 "Renovation." The rehabilitation of an existing building
28 which requires more than 25% of the gross floor area or volume
29 of the entire building to be rebuilt. Cosmetic work such as
30 painting, wall covering, wall paneling, floor covering and
20070S0833B1353 - 52 -
1 suspended ceiling work shall not be included. The provisions of
2 this chapter shall only apply to such portion of the building
3 being renovated and not to the entire building.
4 "Utility provider." A municipal corporation in this
5 Commonwealth owning or operating equipment or facilities for
6 producing, generating, transmitting, distributing or furnishing
7 electricity to or for the public within its corporate limits for
8 compensation for any purpose, or an electric cooperative
9 corporation created under the provisions of the former act of
10 June 21, 1937 (P.L.1969, No.389), known as the Electric
11 Cooperative Corporation Act, and which provides retail electric
12 service to its members on a nonprofit basis. The term does not
13 include:
14 (1) A public utility regulated by the Pennsylvania
15 Public Utility Commission under 66 Pa.C.S. (relating to
16 public utilities).
17 (2) A generator, producer or manufacturer of
18 electricity, gas or steam not engaged in distributing such
19 electricity, gas or steam directly to the public for
20 compensation.
21 (3) A person or corporation not otherwise a public
22 utility who or which furnishes service only to himself or
23 itself.
24 (4) A generator, producer or manufacturer of gas or
25 steam engaged in distributing such gas or steam to the public
26 for compensation.
27 SUBCHAPTER B
28 ENERGY CONSERVATION STANDARDS
29 Sec.
30 5121. Regulatory scope.
20070S0833B1353 - 53 -
1 5122. Submission.
2 5123. Contents.
3 5124. Definitions relating to standards.
4 5125. Building envelope.
5 5131. Warm air heating, ventilating and air conditioning
6 systems and equipment.
7 5141. Plumbing systems.
8 5151. Electrical systems.
9 5152. Lighting.
10 5153. Alternative systems.
11 5154. Use Group R-3 prescriptive standards.
12 § 5121. Regulatory scope.
13 The provisions of this chapter regulate the design and
14 construction of the exterior envelopes and selection of HVAC,
15 service water heating, electrical distribution, and illumination
16 systems and equipment required for the purpose of effective use
17 of energy and shall govern the construction of all buildings, or
18 portions thereof, as provided herein other than a building
19 classified as Use Group R-3 except where specifically noted
20 otherwise. Minimum insulation requirements for buildings
21 classified as Use Group R-3 are contained in section 5154
22 (relating to Use Group R-3 prescriptive standards).
23 § 5122. Submission.
24 (a) Plans.--Plans, specifications, computations where
25 necessary, and any changes thereto together with the necessary
26 certification required by section 5175 (relating to
27 certification) shall be submitted for all buildings except those
28 classified as Use Group R-3 to indicate conformance with this
29 subchapter and other applicable provisions of this chapter,
30 except as provided in subsections (b) and (c).
20070S0833B1353 - 54 -
1 (b) Standard design.--Whenever a person is constructing a
2 building in accordance with plans, specifications and
3 computations which he has submitted within the previous two
4 years, such plans need not be resubmitted but such person shall
5 indicate upon the certificate required by section 5175 that they
6 meet the standards currently in effect and identify the
7 previously submitted plans, specifications and computations.
8 (c) Prescriptive standards.--When the prescriptive standards
9 provided in the Energy Conservation Manual established by
10 section 5173 (relating to energy conservation manual for
11 buildings) are employed in the construction of a building only
12 such information as shall be required by the department shall be
13 submitted. The prescriptive standards applicable to Use Group R-
14 3 buildings are contained in section 5154 (relating to Use Group
15 R-3 prescriptive standards).
16 § 5123. Contents.
17 The plans and specifications, where required by section 5122
18 (relating to submission), shall show in sufficient detail all
19 pertinent data and features of the building and the equipment
20 and systems as herein governed, including, but not limited to,
21 exterior envelope component materials, U values of elements, R
22 values of insulating materials, size and type of apparatus and
23 equipment, equipment and system controls and other pertinent
24 data to indicate conformance with the requirements herein.
25 § 5124. Definitions relating to standards.
26 The following words and phrases when used in this subchapter
27 shall have the meanings given to them in this section unless the
28 context clearly indicates otherwise:
29 "Coefficient of beam utilization" or "CBU." The ratio of the
30 luminous flux (lumens) reaching a specified area directly from a
20070S0833B1353 - 55 -
1 floodlight or projector to the total beam luminous flux.
2 "Coefficient of performance" or "(COP) - cooling." The ratio
3 of the rate of net heat removal to the rate of total energy
4 input, expressed in consistent units and under designated rating
5 conditions.
6 "Coefficient of performance" or "(COP) - heat pump, heating."
7 The ratio of the rate of net heat output to the rate of total
8 energy input, expressed in consistent units and under designated
9 rating conditions. The rate of net heat output shall be defined
10 as the change in the total heat contents of the air entering and
11 leaving the equipment not including supplementary heat. Total
12 energy input shall be determined by combining the energy inputs
13 to all elements, except supplementary heaters, of the heat pump,
14 including, but not limited to, compressors, pumps, supply air
15 fans, return air fans, outdoor air fans, cooling tower fans and
16 the heating, ventilating and air conditioning system equipment
17 control circuit.
18 "Coefficient of utilization" or "CU." The ratio of the
19 luminous flux (lumens) from a luminaire received on the work
20 plane to the lumens emitted by the luminaire's lamps alone.
21 "Color rendition." General expression for the effect of a
22 light source on the color. Appearance of objects in conscious or
23 subconscious comparison with their color appearance under a
24 reference light source.
25 "Degree day, heating." A unit, based upon temperature
26 difference and time, used in estimating fuel consumption and
27 specifying nominal heating load of a building in winter. For any
28 one day, when the mean temperature is less than 65 degrees
29 Fahrenheit, there exist as many degree days as there are
30 Fahrenheit degrees difference in temperature between the mean
20070S0833B1353 - 56 -
1 temperature for the day and 65 degrees Fahrenheit.
2 "Energy efficiency ratio" or "EER." The ratio of net cooling
3 capacity in Btuh to total rate of electric input in watts under
4 designated operating conditions.
5 "Equivalent sphere illumination" or "ESI." The level of
6 sphere illumination which would produce task visibility
7 equivalent to that produced by a specific lighting environment.
8 "Exterior envelope." The elements of a building which
9 enclose conditioned spaces through which thermal energy may be
10 transferred to or from the exterior.
11 "Floodlighting." A lighting system designated to light an
12 area using projector type luminaires usually capable of being
13 pointed in any direction.
14 "Floor area, gross." Gross floor area shall be the floor
15 area within the perimeter of the outside walls of the building
16 under consideration, without deduction for hallways, stairs,
17 closets, thickness of walls, columns or other features.
18 "Illumination." The density of the luminous flux incident on
19 a surface. It is the quotient of the luminous flux by the area
20 of the surface when the latter is uniformly illuminated.
21 "Light loss factor" or "LLF." A factor used in calculating
22 the level of illumination after a given period of time and under
23 given conditions. It takes into account temperature and voltage
24 variations, dirt accumulation on luminaire and room surfaces,
25 lamp depreciation, maintenance procedures and atmosphere
26 conditions.
27 "Luminaire." A complete lighting unit consisting of a lamp
28 or lamps together with the parts designed to distribute the
29 light, to position and protect the lamps and to connect the
30 lamps to the power supply.
20070S0833B1353 - 57 -
1 "Multiglazing." An arrangement whereby two or more sheets of
2 glazing material are affixed in or on to a window frame to
3 create one or more closed insulating air spaces. Multiglazing
4 can be achieved by installing a preassembled sealed insulating
5 glass unit, consisting of two or more layers of glazing
6 materials with insulating, closed air space in between, or by
7 affixing one or more additional glazing materials onto a single
8 glazed window sash, creating one or more closed insulating air
9 spaces.
10 "Packaged terminal air conditioner." A factory selected
11 combination of heating and cooling components, assemblies or
12 sections, intended to serve a room or zone.
13 "Power." In connection with machines, power is the time rate
14 of doing work. In connection with the transmission of energy of
15 all types, power refers to the rate at which energy is
16 transmitted: in customary units, it is measured in watts (W) or
17 British thermal units per hour (Btuh) and in SI units is
18 measured in watts (W).
19 "Reflectance." The ratio of the light reflected by a surface
20 to the light falling upon it.
21 "Reheat." The application of sensible heat to supply air
22 that has been previously cooled below the temperature of the
23 conditioned space by either mechanical refrigeration or the
24 introduction of outdoor air to provide cooling.
25 "Residential buildings." All buildings and structures or
26 parts thereof shall be classified in the residential (R) use
27 group in which families or households live, or in which sleeping
28 accommodations are provided for individuals with or without
29 dining facilities, excluding those that are classified as
30 institutional buildings. Residential buildings shall be
20070S0833B1353 - 58 -
1 classified as follows:
2 (1) Use Group R-1 structures. This use group shall
3 include all hotel and motel buildings, lodging houses,
4 boarding houses and dormitory buildings arranged for the
5 shelter and sleeping accommodation of more than 20
6 individuals.
7 (2) Use Group R-2 structures. This use group shall
8 include all multiple-family dwellings having more than two
9 dwelling units and not included in Use Group R-3; and shall
10 also include all dormitories, boarding and lodging houses
11 arranged for shelter and sleeping accommodation by more than
12 five and not more than 20 individuals.
13 (3) Use Group R-3 structures. This use group shall
14 include all buildings arranged for the use of one or two
15 family dwelling units including not more than five lodgers or
16 boarders per family and all rowhouses, townhouses and garden
17 apartment construction not exceeding three stories in height
18 used for residential purposes whenever each unit has its own
19 individual and self-supporting heating, ventilating and air
20 conditioning systems.
21 "Resistance, thermal" or "R." A measure of the ability to
22 retard the flow of heat. The R value is the reciprocal of a heat
23 transfer coefficient, as expressed by U. (R = 1/U).
24 "Thermal transmittance" or "U." Overall coefficient of heat
25 transmission or thermal transmittance (air to air) expressed in
26 units of BTU per hour per square foot per degree Fahrenheit. It
27 is the time rate of heat flow. The U value applies to
28 combinations of different materials used in series along the
29 heat flow path and also to single materials that comprise a
30 building section and include cavity air spaces and surface air
20070S0833B1353 - 59 -
1 films on both sides.
2 "Thermal transmittance" or "Uo." Overall (average) heat
3 transmission or thermal transmittance of a gross area of the
4 exterior building envelope, expressed in units of BTU per hour
5 per square foot per degree Fahrenheit. The Uo value applies to
6 the combined effect of the time rate of heat flows through the
7 various parallel paths, such as windows, doors and opaque
8 construction areas, comprising the gross area of one or more
9 exterior building components, such as walls, floor or
10 roof/ceiling.
11 "Thermostat." An instrument which measures changes in
12 temperature and controls devices for maintaining a desired
13 temperature.
14 "Veiling reflections." Regular reflections superimposed upon
15 diffuse reflections from an object that partially or totally
16 obscures the details to be seen by reducing the contrast. This
17 sometimes is called "reflected glare."
18 "Window management." Any one or combination of acts and
19 activities whose purpose is to take maximum advantage of the
20 energy conserving aspects of utilizing solar energy to heat a
21 building and/or utilize solar illumination within a building to
22 augment energy-consuming lighting systems. Such acts and
23 activities include, but are not limited to, building-window
24 siting and orientation, selection of glazing materials, design
25 of overhangs, sun screens or placement of shrubbery.
26 "Work plane." The plane at which work usually is done and at
27 which the illumination is specified and measured. Unless
28 otherwise indicated, this is assumed to be a horizontal plane 30
29 inches (0.76 meters) above the floor.
30 "Zone." A space or group of spaces within a building with
20070S0833B1353 - 60 -
1 heating or cooling requirements sufficiently similar so that
2 comfort conditions can be maintained throughout by a single
3 controlling device.
4 § 5125. Building envelope.
5 (a) Purpose of section.--
6 (1) The intent of this section is to provide minimum
7 requirements for exterior envelope construction in the
8 interest of energy conservation.
9 (2) In addition to the criteria set forth in this
10 subchapter, provisions shall be made to maximize the energy
11 conserving benefits of solar daylight and passive solar heat
12 gain through window management. The proposed design may also
13 take into consideration the thermal mass of the building in
14 considering energy conservation. The administering agency
15 shall provide the guidelines necessary to implement these
16 provisions.
17 (b) Thermal performance.--
18 (1) All buildings and structures that are heated or
19 mechanically cooled shall be constructed so as to provide the
20 required thermal performance of the various components.
21 (2) The required thermal transmittance value (Uo) of any
22 one component, such as roof/ceiling, wall or floor may be
23 increased and the Uo value for other components decreased
24 provided that the overall heat gain or loss for the entire
25 building envelope does not exceed the total resulting from
26 conformance to the required Uo values.
27 (c) Different requirements.--
28 (1) A building that is designed to be both heated and
29 cooled shall meet the more stringent of the heating or
30 cooling requirements of the exterior envelope as provided in
20070S0833B1353 - 61 -
1 this subchapter when requirements differ.
2 (2) A building which is not cooled whose primary purpose
3 is storage and has an indoor design temperature of 50 degrees
4 Fahrenheit or less, is exempt from the requirements of this
5 subchapter.
6 (d) Exterior walls.--For the purpose of this subchapter the
7 gross area of exterior walls consists of all opaque wall areas,
8 including foundation walls above grade, peripheral edges of
9 floors, window areas including sash, and door areas, where such
10 surfaces are exposed to outdoor air and enclose a heated or
11 mechanically cooled space.
12 (e) Roof assembly.--
13 (1) For the purpose of this section, a roof assembly
14 shall be considered as all components of the roof/ceiling
15 envelope through which heat flows, thereby creating a
16 building transmission heat loss or gain, where such assembly
17 is exposed to outdoor air and encloses a heated or
18 mechanically cooled space.
19 (2) The gross area of a roof assembly consists of the
20 total interior surface of such assembly, including skylights,
21 exposed to the heated or mechanically cooled space.
22 (3) Where air ceiling plenums are employed, the roof or
23 ceiling assembly shall:
24 (i) For thermal transmittance purposes not include
25 the ceiling proper nor the plenum space as part of the
26 assembly.
27 (ii) For gross area purposes be based upon the
28 interior face of the upper plenum surface.
29 (f) Criteria for residential buildings.--
30 (1) The requirements of this subsection shall apply to
20070S0833B1353 - 62 -
1 all buildings and structures or portions thereof of Use
2 Groups R-1 and R-2 that are heated or mechanically cooled
3 when not more than three stories or 40 feet in height.
4 (2) The gross area of exterior walls above grade,
5 including foundation walls, shall have a combined thermal
6 transmittance value (Uo) not exceeding those specified in
7 Table 1.
8 Table 1
9 Maximum Allowable Uo Values for
10 Gross Exterior Wall Assemblies
11 R-1 and R-2
12 Annual heating degree days* residential
13 4000 0.31
14 5000 0.29
15 6000 0.27
16 7000 0.26
17 *As specified in Chapter 43 ASHRAE Handbook-Systems.
18 (3) The roof/ceiling assemblies shall have a combined
19 thermal transmittance value (Uo) not to exceed 0.05 except
20 that roof/ceiling assemblies in which the finished interior
21 surface is essentially the underside of the roof deck, such
22 as a wooden cathedral ceiling, may have a Uo value not to
23 exceed 0.08. These values presume no significant thermal
24 transmission through framing members, skylights or other
25 interruptions in the roof envelope. If such interruptions
26 occur, calculations must be made showing conformance to the
27 required Uo values.
28 (4) The floor of a heated or mechanically cooled space
29 located over an unheated space shall have a combined thermal
30 transmittance value (Uo) not to exceed 0.08.
20070S0833B1353 - 63 -
1 (5) (i) For slab-on grade floors, the perimeter of the
2 floor shall be insulated with a material having a thermal
3 resistance value (R) not less than those specified in
4 Table 2.
5 Table 2
6 Minimum Allowable R Values of Perimeter
7 Insulation for Slab-On Grade Floors
8 Annual heating
9 degree days Heated slab Unheated slab
10 4000* 5.5 3.5
11 5000 6.3 4.2
12 6000 7.0 4.9
13 7000 7.8 5.5
14 *Table values may be interpolated.
15 (ii) The insulation shall extend downward from the
16 top of the slab for a minimum distance of 24 inches or
17 downward to the bottom of the slab then horizontally
18 beneath the slab for a minimum total distance of 24
19 inches.
20 (g) Other buildings.--
21 (1) The heating and cooling requirements herein shall
22 govern all buildings and structures or portions thereof other
23 than defined under subsection (f).
24 (2) All buildings and structures that are heated shall
25 have a combined thermal transmittance value (Uo) for the
26 gross area of exterior walls not exceeding those specified in
27 Table 3.
28 Table 3
29 Maximum Allowable Uo Values
30 for Gross Exterior Wall Assemblies
20070S0833B1353 - 64 -
1 Annual heating 3 stories or More than
2 degree days 40 ft. or less 3 stories or 40 ft.
3 4000 0.31 0.38
4 5000 0.29 0.36
5 6000 0.27 0.33
6 7000 0.26 0.31
7 (3) All buildings and structures that are heated shall
8 have combined thermal transmittance value (Uo) for
9 roof/ceiling assemblies not exceeding those specified in
10 Table 4.
11 Table 4
12 Maximum Allowable Uo Values
13 for Roof/Ceiling Assemblies
14 Annual heating
15 degree days Maximum Uo
16 4000* 0.092
17 5000 0.084
18 6000 0.076
19 7000 0.068
20 *Table values may be interpolated.
21 (4) The floor of a heated space located over an unheated
22 space shall have a thermal transmittance value (Uo) not
23 exceeding 0.08.
24 (5) (i) For slab-on grade floors, the perimeter of the
25 floor shall be insulated with a material having a thermal
26 resistance value (R) not less than those specified in
27 Table 5.
28 (ii) The insulation shall extend downward from the
29 top of the slab for a minimum distance of 24 inches or
30 downward to the bottom of the slab then horizontally
20070S0833B1353 - 65 -
1 beneath the slab for a minimum total distance of 24
2 inches.
3 Table 5
4 Minimum Allowable R Values of Perimeter
5 Insulation for Slab-On Grade Floors
6 Annual heating
7 degree days Heated slab Unheated slab
8 4000* 5.5 3.5
9 5000 6.3 4.2
10 6000 7.0 4.9
11 7000 7.8 5.5
12 *Table values may be interpolated.
13 (6) All buildings and structures that are mechanically
14 cooled shall have an overall thermal transfer value for the
15 gross area of exterior walls not exceeding 33.5 BTUs per hour
16 per square foot based on the following equation:
17 OTTV = (Uw x Aw x TDEQ)+(Af x Sf x Sc)+(Uf x Af x Delta T)/Ao
18 OTTV = Overall thermal transfer value where:
19 Uw = The thermal transmittance of all elements of the
20 opaque wall area Btu/h. ft2.F (W/m2K)
21 Aw = Opaque wall area, ft2 (m2)
22 Uf = The thermal transmittance of the fenestration
23 area Btu/h. ft2.F (W/m2K)
24 Af = Fenestration area, ft2 (m2).
25 TDEQ = Value given in the following table, F, (c):
26 TABLE FOR TEMPERATURE DIFFERENCE
27 Wall Construction-mass per unit area TDEQ
28 Lb/Ft2 Kg/m2 F C
29 0-25 0-125 44 24.5
30 26-40 126-195 37 21.0
20070S0833B1353 - 66 -
1 41-70 196-345 30 17.0
2 71 and above 346 and above 23 13.0
3 Weight of wall construction shall be determined from the
4 1972 ASHRAE Handbook of Fundamentals, Chapter 22.
5 Sc = Shading coefficient of the fenestration
6 Delta T = Temperature difference between exterior and
7 interior design conditions, F, for which the following
8 temperatures shall apply:
9 Indoor Outdoor
10 F C
11 Winter 72 22.0 97 1/2%*
12 Summer 78 25.5 2 1/2%*
13 *Values from 1972 ASHRAE Handbook of Fundamentals,
14 Chapter 33.
15 SF = Solar factor value given Btu/h.ft2 (W/m2).
16 (use 127 Btu/h.ft2)
17 AO = Gross area of exterior walls, ft2 (m2).
18 The gross area of exterior walls consists of all opaque wall
19 areas (including foundation walls, between floor spandrels,
20 peripheral edges of floors, etc.), window areas (including
21 sash), and door areas, where such surfaces are exposed to
22 outdoor air and enclose a heated and/or mechanically cooled
23 space (including interstitial areas between two such spaces).
24 Note: Where more than one type of wall and/or
25 fenestration is used, the respective term or terms shall be
26 expanded into subelements, as:
27 (Uw x Aw x TDEQ) + (Uw2 x Aw2 x TDEQ2), etc.
28 (7) All buildings and structures that are mechanically
29 cooled shall have a combined thermal transmittance value (Uo)
30 for roof/ceiling assemblies the same as specified in Table 4
20070S0833B1353 - 67 -
1 for heating.
2 (h) Air leakage.--
3 (1) The requirements of this subsection shall apply to
4 all buildings and structures and apply only to those
5 locations separating outdoor ambient conditions from interior
6 spaces that are heated or mechanically cooled and are not
7 applicable to separation of interior spaces from each other.
8 (2) Compliance with the criteria for air leakage shall
9 be determined by ASTM E-283, Standard Method of Test for Rate
10 of Air Leakage through Exterior Windows, Curtain Walls and
11 Doors, at a pressure differential of 1.567 pounds per square
12 foot which is equivalent to the effect of a 25 miles-per-hour
13 wind.
14 (3) The following criteria shall represent the maximum
15 allowable air leakage:
16 (i) The air infiltration rate for windows shall not
17 exceed 0.5 Cfm per foot of sash crack.
18 (ii) The air infiltration rate for sliding glass
19 doors in residential buildings shall not exceed 0.5 Cfm
20 per square foot of door area.
21 (iii) The air infiltration rate for swinging doors
22 in residential buildings shall not exceed 1.25 Cfm per
23 square foot of door area.
24 (iv) The air infiltration rate for swinging,
25 revolving or sliding doors in other than residential
26 buildings shall not exceed 11 Cfm per lineal foot of door
27 crack.
28 (4) Exterior joints around windows and door frames,
29 between wall cavities and window or door frames, between wall
30 and foundation, between wall and roof, between wall panels,
20070S0833B1353 - 68 -
1 at penetrations or utility services through walls, floors and
2 roofs, and all other openings in the exterior envelope shall
3 be caulked, gasketed, weatherstripped or otherwise sealed.
4 § 5131. Warm air heating, ventilating and air conditioning
5 systems and equipment.
6 (a) Applicability.--This section applies to air duct systems
7 employing mechanical means for the movement of air used for warm
8 air heating, ventilating, air conditioning systems and exhaust
9 systems. This subchapter shall not apply to systems for the
10 removal of flammable vapors or residues or to systems for
11 conveying dust, stock or refuse by means of air currents.
12 Heating, ventilating and air conditioning systems of all
13 buildings and structures or portions thereof shall be designed
14 and installed for efficient use of energy as provided in this
15 section. Special applications, such as, but not limited to,
16 hospitals, laboratories, thermally sensitive equipment, computer
17 rooms, manufacturing processes and supermarkets, are exempt from
18 the requirements of this section.
19 (b) Design requirements.--In determining design conditions
20 for calculations under this subsection, the following design
21 temperatures shall apply:
22 (1) Outdoor design temperature shall be selected for
23 listed locations in Chapter 33 of the ASHRAE Handbook of
24 Fundamentals, from columns of 97 1/2% values for heating and
25 2 1/2% values for cooling.
26 (2) Indoor design temperature shall be 72 degrees
27 Fahrenheit for heating and 78 degrees Fahrenheit for cooling.
28 (3) Indoor design relative humidity for heating shall
29 not exceed 30%. For cooling, the actual design relative
30 humidity within the comfort envelope as defined in ASHRAE
20070S0833B1353 - 69 -
1 Standard 55-74 "Thermal Environmental Conditions for Human
2 Occupancy" shall be selected for the minimum total heating,
3 ventilating, and air conditioning system energy use.
4 (c) Cooling with outdoor air.--
5 (1) Each fan system shall be designed to use up to and
6 including 100% of the fan system capacity for cooling with
7 outdoor air automatically whenever its use will result in
8 lower usage of energy than would be required under its normal
9 operation.
10 (2) Cooling with outdoor air is not required under any
11 one or more of the following conditions:
12 (i) Fan system capacity less than 5,000 Cfm or
13 134,000 Btu/hr total cooling capacity.
14 (ii) The quality of the outdoor air is so poor as to
15 require extensive treatment of the air.
16 (iii) The need for humidification or
17 dehumidification requires the use of more energy than is
18 conserved by outdoor air cooling.
19 (iv) The use of outdoor air cooling may affect the
20 operation of other systems (such as return or exhaust air
21 fans or supermarket refrigeration) so as to increase the
22 overall energy consumption of the building.
23 (v) Internal/external zone heat recovery or other
24 energy recovery is used.
25 (vi) When all space cooling is accomplished by a
26 circulating liquid which transfers space heat directly or
27 indirectly to a heat rejection device such as a cooling
28 tower without the use of a refrigeration system.
29 (d) Mechanical ventilation.--Each mechanical ventilation
30 system shall be equipped with a readily accessible means for
20070S0833B1353 - 70 -
1 either shut-off or volume reduction and shut-off when
2 ventilation is not required.
3 (e) Simultaneous heating and cooling.--Systems that employ
4 both heating and cooling simultaneously in order to achieve
5 comfort conditions within a space shall be limited to those
6 situations where more efficient methods of heating and air
7 conditioning cannot be effectively utilized to meet system
8 objectives. Simultaneous heating and cooling by reheating or
9 recooling supply air or by concurrent operation or independent
10 heating and cooling systems serving a common zone shall be
11 restricted as specified herein.
12 (f) Recovered energy.--Recovered energy, provided the new
13 energy expended in the recovery process is less than the amount
14 recovered, may be used for control of temperature and humidity.
15 "New energy" is defined as energy, other than recovered,
16 utilized for the purpose of heating or cooling.
17 (g) New energy.--
18 (1) New energy may be used, when necessary, to prevent
19 relative humidity from rising above 60% for comfort control
20 or to prevent condensation on terminal units or outlets.
21 (2) New energy may be used for control of temperature if
22 minimized as specified in subsections (h), (i), (j), (k) and
23 (l).
24 (h) Reheat systems.--Systems employing reheat and serving
25 multiple zones, other than those employing variable air volume
26 for temperature control, shall be provided with control that
27 will automatically reset the system cold air supply to the
28 highest temperature level that will satisfy the zone requiring
29 the coolest air. Single zone reheat systems shall be controlled
30 to sequence reheating and cooling.
20070S0833B1353 - 71 -
1 (i) Dual duct and multizone systems.--These systems shall be
2 provided with controls that will automatically reset the cold
3 deck air supply to the highest temperature that will satisfy the
4 zone requiring the coolest air and the hot deck air supply to
5 the lowest temperature that will satisfy the zone requiring the
6 warmest air.
7 (j) Recooling systems.--Systems in which heated air is
8 recooled directly or indirectly, to maintain space temperature,
9 shall be provided with controls that will automatically reset
10 the temperature to which the supply air is heated to the lowest
11 level that will satisfy the zone requiring the warmest air.
12 (k) Multiple zones.--For systems with multiple zones, one or
13 more zones may be chosen to represent a number of zones with
14 similar heating or cooling characteristics. A multiple zone
15 heating, ventilating and air conditioning system that employs
16 reheating or recooling for control of not more than 5,000 Cfm or
17 20% of the total supply air of the system, whichever is less,
18 shall be exempt from the supply air temperature reset
19 requirements of subsections (h), (i) and (j).
20 (l) Concurrent operation.--Concurrent operation of
21 independent heating and cooling systems serving common spaces,
22 and requiring the use of new energy for heating or cooling shall
23 be minimized by one or both of the following:
24 (1) By providing sequential temperature control of both
25 heating and cooling capacity in each zone.
26 (2) By limiting the heating energy input, through
27 automatic reset control of the heating medium temperature (or
28 energy input rate), to only that necessary to offset heat
29 loss due to transmission and infiltration and, where
30 applicable, to heat the ventilation air supply to the space.
20070S0833B1353 - 72 -
1 (m) Equipment performance requirements.--
2 (1) The requirements of this subsection apply to
3 equipment and component performance for heating, ventilating
4 and air conditioning systems. Where equipment efficiency
5 levels are specified, data furnished by the equipment
6 supplier or certified under a nationally recognized
7 certification program or rating procedure shall be used to
8 satisfy these requirements.
9 (2) Heating, ventilating and air conditioning systems
10 equipment whose energy input in the cooling mode is entirely
11 electric shall show a coefficient of performance (COP) and
12 energy efficiency ratio (EER) not less than the values
13 specified in Table 6. These requirements apply to, but are
14 not limited to, unitary cooling equipment (air and water
15 source); packaged air conditioners; and room air
16 conditioners. These requirements do not apply to equipment
17 used in areas having open refrigerated food display cases.
18 For determining coefficient of performance (COP), the rate of
19 net heat removal shall be defined as the change in the total
20 heat contents of the air entering and leaving the equipment
21 (without reheat). Total energy input shall be determined by
22 combining the energy inputs to all elements of the equipment,
23 including but not limited to, compressors, pumps, supply-air
24 fans, cooling tower fans and the system equipment control
25 circuit.
26 Table 6
27 Minimum EER and COP for Electric Heating, Ventilating
28 and Air Conditioning System Equipment
29 Standard rating capacity EER COP
30 Under 65,000 Btu/hr (19,050 watts) 6.1 1.8
20070S0833B1353 - 73 -
1 65,000 Btu/hr (19,050 watts) and over 6.8 2.0
2 (3) Heat operated cooling equipment shall show a
3 coefficient of performance (COP) in the cooling mode not less
4 than the values specified in Table 7. These requirements
5 apply to, but are not limited to, absorption, engine-driven
6 and turbine-driven equipment. The coefficient of performance
7 (COP) is determined excluding the electrical auxiliary
8 inputs.
9 Table 7
10 Minimum COP for Heating, Ventilating and Air Conditioning
11 System Heat Operated Cooling Equipment
12 Heat source Minimum COP
13 Direct fired (gas, oil) 0.40
14 Indirect fired (steam, hot water) 0.65
15 (4) Heating, ventilating and air conditioning system
16 components whose energy input in the cooling mode is entirely
17 electric shall show a coefficient of performance (COP) and
18 energy efficiency ratio (EER) not less than the values
19 specified in Table 8. For determining coefficient of
20 performance (COP), the rate of heat removal is defined as the
21 difference in total heat contents of the water or refrigerant
22 entering or leaving the component. Total energy input shall
23 be determined by combining the energy inputs to all elements
24 and accessories of the component, including but not limited
25 to, compressors, internal circulating pumps, condenser-air
26 fans, evaporative-condenser cooling heater pumps, purge, and
27 the component control circuit.
28 Table 8
29 Minimum COP for Electrically Driven Heating, Ventilating
30 and Air Conditioning System Components
20070S0833B1353 - 74 -
1 Component Condensing means Air Water Evaporation
2 EER COP EER COP EER COP
3 Self-contained Centrifugal 7.5 2.2 12.9 3.8
4 water chillers
5 Positive
6 displacement 7.2 2.1 10.9 3.2
7 Condenserless Positive
8 water chillers displacement 8.9 2.6 10.9 3.2
9 Compressor and
10 condenser units Positive
11 65,000 Btu/hr. displacement 7.8 2.3 11.3 3.3 11.3 3.3
12 (19,050 watts)
13 and over
14 (5) Heat pumps whose energy input is entirely electric
15 shall show a coefficient of performance (COP), heating, not
16 less than the values specified in Table 9.
17 Table 9
18 Minimum COP for Heat Pumps, Heating Mode
19 Source and outdoor temperature (degree F.) Minimum COP
20 Air source--47 DB/43 WB 2.2
21 Air source--17 DB/15 WB 1.2
22 Water source--60 entering 2.2
23 (6) The heat pump shall be installed with a control to
24 prevent supplementary heater operation when the heating load
25 can be met by the heat pump alone. Supplementary heater
26 operation is permitted during transient periods, such as
27 start-ups, following room thermostat setpoint advance, and
28 during defrost. A two-stage room thermostat, which controls
29 the supplementary heat on its second stage, shall be accepted
30 as meeting this requirement. The cut-on temperature for the
20070S0833B1353 - 75 -
1 compression heating shall be higher than the cut-on
2 temperature for the supplementary heat, and the cut-off
3 temperature for the compression heating shall be higher than
4 the cut-off temperature for the supplementary heat.
5 Supplementary heat may be derived from any source of electric
6 resistance heating or combustion heating.
7 (7) All gas and oil-fired comfort heating equipment
8 shall show a minimum combustion efficiency of 75% at maximum
9 rated output. Combustion efficiency shall be determined in
10 accordance with the ASHRAE Standard 90.
11 (n) Duct insulation.--
12 (1) All duct systems, or portions thereof, exposed to
13 nonconditioned spaces shall be insulated to provide a thermal
14 resistance, excluding film resistance, of
15 ti - to
16 R = (--------hr) (sq.ft) (F)/BTU)/15
17 where ti - to is the design temperature differential
18 (absolute value) between the air in the duct and the
19 surrounding air with the following exceptions. Duct
20 insulation, except when needed to prevent condensation, is
21 not required in any of the following cases:
22 (i) Where ti - to is 25 degrees Fahrenheit or less.
23 (ii) When the heat gain or loss of the ducts,
24 without insulation, will not increase the energy
25 requirements of the building.
26 (iii) Exhaust air ducts.
27 (iv) Supply or return air ducts installed in crawl
28 spaces with insulated walls, basements or cellars in one
29 and two-family dwellings.
30 (2) Where required to prevent condensation, insulation
20070S0833B1353 - 76 -
1 with vapor barriers shall be installed in addition to
2 insulation required above.
3 (o) System controls.--
4 (1) All heating, ventilating and air conditioning
5 systems shall be provided controls as specified in this
6 subsection.
7 (2) Each heating, ventilating and air conditioning
8 system shall be provided with at least one thermostat for the
9 regulation of temperature. Each thermostat shall be capable
10 of being set from 55 degrees Fahrenheit to 75 degrees
11 Fahrenheit where used to control heating only and from 70
12 degrees Fahrenheit to 85 degrees Fahrenheit where used to
13 control cooling only. Where used to control both heating and
14 cooling it shall be capable of being set from 55 degrees
15 Fahrenheit to 85 degrees Fahrenheit and shall be capable of
16 operating the system heating and cooling in sequence. It
17 shall be adjustable to provide a temperature range of up to
18 ten degrees Fahrenheit between full heating and full cooling,
19 except as allowed in subsection (l).
20 (3) If a heating, ventilating and air conditioning
21 system is equipped with a means for adding moisture to
22 maintain specific selected relative humidities in spaces or
23 zones, a humidistat shall be provided. This device shall be
24 capable of being set to prevent new energy from being used to
25 produce space relative humidity above 30% R.H. Where a
26 humidistat is used in a heating, ventilating and air
27 conditioning system for controlling moisture removal to
28 maintain specific selected relative humidities in spaces or
29 zones, it shall be capable of being set to prevent new energy
30 from being used to produce a space relative humidity below
20070S0833B1353 - 77 -
1 60%.
2 (4) (i) In all buildings and structures of Use Group R-
3 3, at least one thermostat for regulation of space
4 temperature shall be provided for each separate heating,
5 ventilating and air conditioning system. In addition, a
6 readily accessible manual or automatic means shall be
7 provided to partially restrict or shut off the heating or
8 cooling input to each zone or floor, excluding unheated
9 or uncooled basements and garages.
10 (ii) In all buildings and structures of Use Group R-
11 2, each individual dwelling unit shall be considered
12 separately and shall meet the requirements for one-family
13 and two-family dwellings above.
14 (iii) In all buildings and structures other than Use
15 Group R-3 and in spaces other than dwelling units in Use
16 Group R-2, at least one thermostat for regulation of
17 space temperature shall be provided for each separate
18 heating, ventilating and air conditioning system and for
19 each floor of the building.
20 (5) (i) In all buildings and structures, or portions
21 thereof of Use Group R-3, the thermostat, or an alternate
22 means such as a switch or a clock, shall provide a
23 readily accessible, manual or automatic means for
24 reducing the energy required for heating and cooling
25 during periods of nonuse or reduced need.
26 (ii) In all other buildings and structures, or
27 portions thereof each heating, ventilating and air
28 conditioning system shall be equipped with a readily
29 accessible means of reducing the energy used for heating,
30 ventilating and air conditioning during periods of nonuse
20070S0833B1353 - 78 -
1 or alternate uses of the building spaces or zones served
2 by the system, such as with manually adjustable automatic
3 timing devices, manual devices for use by operating
4 personnel or automatic control systems.
5 (iii) Lowering thermostat set points to reduce
6 energy consumption of heating systems shall not cause
7 energy to be expended to reach the reduced setting.
8 (p) Steam and hot water heating systems.--
9 (1) All gas-fired and oil-fired comfort heating
10 equipment shall show a minimum combustion efficiency of 75%
11 at maximum rated output. Combustion efficiency shall be
12 determined in accordance with ASHRAE 90.
13 (2) All piping serving as part of a heating or cooling
14 system installed to serve buildings and within buildings
15 shall be thermally insulated as shown in Table 10.
16 Table 10
17 Minimum Pipe Insulation
18 Insulation thickness in inches
19 Fluid for pipe sizes
20 Piping temperature
21 system range, Runouts 1" and 1 1/4- 2 1/2- 5& 8" and
22 types F. up to 2" less 2 4 6 larger
23 Heating systems
24 Steam &
25 hot water
26 High pressure/
27 temp 306-450 1 1/2 1 1/2 2 2 1/2 3 1/2 3 1/2
28 Med. pressure/
29 temp 251-305 1 1/2 1 1/2 2 2 1/2 3 3
20070S0833B1353 - 79 -
1 Low pressure/
2 temp 201-250 1 1 1 1/2 1 1/2 2 2
3 Low tem-
4 perature 120-200 1/2 3/4 1 1 1 1 1/2
5 Steam con-
6 densate Any 1 1 1 1 1/2 1 1/2 2
7 (for feed
8 water)
9 Cooling systems
10 Chilled
11 water, 40-55 1/2 1/2 3/4 1 1 1
12 Refrigerant,
13 or brine Below 40 1 1 1 1/2 1 1/2 1 1/2 1 1/2
14 Insulation thicknesses are based on insulation having thermal
15 resistances in the range of 4.0 to 4.6 per inch of thickness
16 on a flat surface at a mean temperature of 75 degrees
17 Fahrenheit. Minimum insulation thickness shall be increased
18 for materials having R values less than 4.0 or may be reduced
19 for materials having R values greater than 4.6 per inch of
20 thickness as follows:
21 (3) For materials with thermal resistance greater than
22 R=4.6, the minimum insulation thickness may be reduced as
23 follows:
24 4.6 x Table 10 Thickness/Actual R = New Minimum Thickness
25 (4) For materials with thermal resistance less than
26 R=4.0 the minimum insulation thickness shall be increased as
27 follows:
28 4.0 x Table 10 Thickness/Actual R = New Minimum Thickness
29 Piping insulation, except when needed to prevent
30 condensation, is not required in any of the following cases:
20070S0833B1353 - 80 -
1 (i) Piping installed within heating, ventilating and
2 air conditioning equipment.
3 (ii) Piping at temperatures between 55 degrees
4 Fahrenheit and 120 degrees Fahrenheit.
5 (iii) When the heat loss or heat gain of the piping,
6 without insulation, does not increase the energy
7 requirements of the building.
8 (iv) Piping installed in basements or cellars in
9 one-family and two-family dwellings.
10 (5) Where required to prevent condensation, insulation
11 with vapor barriers shall be installed in addition to
12 insulation required under this section.
13 § 5141. Plumbing systems.
14 (a) Purpose.--This section sets forth provisions for design
15 and equipment selection for energy conservation in service water
16 heating systems.
17 (b) Fixtures.--
18 (1) Lavatories in restrooms of public facilities shall
19 be equipped with self-closing outlet devices which limit the
20 flow of hot water to a maximum of 0.5 Gpm, devices which
21 limit the outlet temperature to a maximum of 110 degrees
22 Fahrenheit and self-closing valves which limit the quantity
23 of hot water to a maximum of 0.25 gallon.
24 (2) Showers used for other than safety reasons shall be
25 equipped with flow control devices to limit total flow to a
26 maximum of 3 Gpm per shower head.
27 (c) Insulation.--
28 (1) Piping in required return circulation systems shall
29 be insulated so that heat loss is limited to a maximum of 25
30 Btuh per square foot of external pipe surface for aboveground
20070S0833B1353 - 81 -
1 piping and a maximum of 35 Btuh per square foot of external
2 pipe surface for underground piping. Maximum heat loss shall
3 be determined at a temperature differential equal to the
4 maximum water temperature minus a design ambient temperature
5 no higher than 65 degrees Fahrenheit except that conformance
6 with Table 10 for "low temperature piping system" shall be
7 deemed as complying with this section.
8 (2) Unfired hot water storage tanks shall be insulated
9 so that heat loss is limited to a maximum of 15 Btuh per
10 square foot of external tank surface area. For purposes of
11 determining this heat loss, the design ambient temperature
12 shall be no higher than 65 degrees Fahrenheit.
13 (d) Equipment.--
14 (1) Circulating hot water systems shall be arranged so
15 that the circulating pump can be conveniently turned off
16 either automatically or manually when the hot water system is
17 not in operation.
18 (2) All automatic electric storage water heaters shall
19 have a standby loss not exceeding four watts per square foot
20 of tank surface area. The method of test of standby loss
21 shall be as described in section 4.3.1 of ANSI C72.1
22 Household Automatic Electrical Storage-Type Water Heaters.
23 (3) All gas-fired and oil-fired automatic storage
24 heaters shall have a recovery efficiency, ER, not less than
25 75% and a standby loss percentage S, not exceeding S=2.3+67/V
26 where V=rated volume in gallons. The method of test of ER and
27 S shall be as described in section 2.7 of ANSI Z21.10.3
28 Circulating Tank, Instantaneous and Large Automatic Storage
29 Type Water Heaters, Approval Requirements for Gas Water
30 Heaters.
20070S0833B1353 - 82 -
1 (e) Controls.--
2 (1) All hot water supply systems shall be equipped with
3 automatic temperature controls capable of adjustments from
4 the lowest to the highest acceptable temperature settings for
5 the intended use.
6 (2) A separate switch shall be provided to terminate the
7 energy supplied to electric hot water supply systems. A
8 separate valve shall be provided to turn off the energy
9 supplied to the main burner of all other types of hot water
10 supply systems.
11 § 5151. Electrical systems.
12 The following system requirements shall apply:
13 (1) Where a choice of service voltage is available, the
14 voltage resulting in the least energy loss shall be used.
15 (2) In any building, the maximum total voltage drop
16 shall not exceed 3% in branch circuits or feeders, for a
17 total of 5% to the farthest outlet based on steady state
18 design load conditions.
19 (3) Switching shall be provided for each lighting
20 circuit, or for portions of each circuit, so that the partial
21 lighting required for custodial or for effective
22 complementary use with natural lighting may be operated
23 selectively.
24 (4) In all multifamily dwellings, including buildings
25 classified as Use Group R-3, provisions shall be made to
26 determine the electrical energy consumed by each tenant.
27 § 5152. Lighting.
28 (a) Lighting power budget.--A lighting power budget is the
29 upper limit of the power to be available to provide the lighting
30 needs in accordance with a given set of criteria and given
20070S0833B1353 - 83 -
1 calculation procedure.
2 (b) Calculation methods.--The criteria specified below shall
3 be utilized for computation of the lighting power budget. All
4 calculations shall be in accordance with accepted engineering
5 practice. When insufficient information is known about the
6 specific use of the building space (e.g., number of occupants,
7 space function, location of partitions), the budget shall be
8 based on the apparent intended use of the building space.
9 (c) Building interiors.--
10 (1) The allowable electric power for lighting shall be
11 established by using the criteria and the calculation
12 procedures specified in subsection (f). The value shall be
13 based on the use for which the space within the building is
14 intended and on efficient energy utilization.
15 (2) For the purpose of establishing a budget, levels of
16 illumination shall be those listed in Fig. 9-80 of the IES
17 Lighting Handbook, and those levels shall be used as follows:
18 (i) For task lighting, the levels of illumination
19 listed are for specific tasks. These levels are for the
20 task areas defined in the IES Lighting Handbook or, where
21 not defined, at all usable portions of task surfaces. In
22 some cases, the levels of illumination are listed for
23 locations (e.g., auditoriums). These levels are to be
24 considered as average levels.
25 (ii) For general lighting, in areas surrounding task
26 locations, the average level of general lighting, for
27 budget purposes only, shall be one-third the level for
28 the tasks performed in the area but in no case less than
29 20-foot candles. Where more than one task level occurs in
30 a space, the general level shall be one-third the
20070S0833B1353 - 84 -
1 weighted average of the specific task levels.
2 (iii) For noncritical lighting, in circulation and
3 seating areas, where no specific visual tasks occur, the
4 average level of illumination shall be one-third of the
5 average general lighting in the adjacent task spaces but
6 in no case less than ten-foot candles.
7 (iv) For the purpose of establishing a power budget,
8 only lamp efficacies and coefficients of utilization (CU)
9 specified in Table 11 shall be assumed.
10 (d) Building exteriors.--
11 (1) In exterior spaces, the lighting power budget shall
12 be based on the use of which the space is intended (for task
13 performance, safety, or security) and on efficient energy
14 utilization.
15 (2) The same criteria as those for interior spaces apply
16 for illumination levels and lighting systems with the
17 addition of luminaires for floodlighting. For power budget
18 purposes, floodlighting shall be selected with luminaires
19 having a greater percentage of their beam lumens restricted
20 to the area to be lighted. Such luminaires are defined as
21 those with at least the minimum efficiencies listed in the
22 IES Lighting Handbook.
23 (3) Facade lighting for budget purposes shall be no
24 greater than 2% of the total interior load of the building.
25 (4) In establishing a lighting power budget the
26 following procedures shall be used:
27 (i) For overhead lighting the procedure specified in
28 subsection (f) shall be followed, but using reflectances
29 as found.
30 (ii) For floodlighting the beam lumen method as
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1 shown in the IES Lighting Handbook and a coefficient of
2 beam utilization (CBU) of 0.75 shall be used for
3 floodlighting calculations.
4 (e) Exceptions to criteria.--
5 (1) The criteria of subsection (c) shall not apply to
6 the following areas when calculating the load:
7 (i) Portions of residential occupancies except for
8 kitchens, bathrooms, and laundry areas and public spaces
9 including lobbies, halls, stairways, basement areas and
10 utility rooms.
11 (ii) Residential type spaces similar to those stated
12 in subparagraph (i) in institutions, such as hospitals,
13 hotels, funeral homes, churches, museums, etc.
14 (iii) Theater auditoriums, entertainment and
15 audiovisual presentations where the lighting is an
16 essential technical element for the function performed.
17 (2) The criteria of subsection (d) shall not apply to
18 the following lamps and luminaires; however, their use shall
19 be accounted for in the calculation of task lighting loads
20 for specific tasks. The allowable load shall be based on the
21 luminaire wattage to achieve the levels of illumination as
22 covered in subsection (c), using a point calculation method
23 given in the IES Lighting Handbook. The excepted lamps and
24 luminaires are as follows:
25 (i) Luminaires for medical and dental purposes.
26 (ii) Luminaires for highlighting applications, such
27 as sculpture exhibits, art exhibits, and individual items
28 of display merchandise.
29 (iii) Luminaires for specialized lighting
30 applications (color matching, where electrical
20070S0833B1353 - 86 -
1 interference cannot be tolerated, etc.).
2 (3) The criteria of Table 11 shall not apply in spaces
3 where it is impractical to control reflectances and where a
4 dirty atmosphere cannot be avoided. Where this condition
5 exists, the values for reflectances and light loss factors
6 shall be those expected to be found and shall be approved by
7 the department. The calculation shall make a note of this
8 deviation.
9 (f) Calculation procedure.--To establish a lighting power
10 budget the following procedures shall be used:
11 (1) To determine illumination levels and areas:
12 (i) Determine the visual tasks that are expected to
13 be performed in each space and the number of planned work
14 locations where tasks will be performed. If assumptions
15 are made, their bases shall be indicated.
16 (ii) Select the illumination level, in foot-candles
17 for those expected tasks in accordance with subsection
18 (c)(2)(i).
19 (iii) Calculate total task areas to be illuminated
20 to the same level by multiplying the number of work
21 locations by 50 square feet per work location. Use actual
22 task area if greater than 50 square feet. If the sum of
23 all task areas is greater than 50% of the total space
24 area, then the task area per work location shall be
25 reduced proportionately, so that the total task area is
26 limited to one-half the total space area. If special task
27 lighting or localized lighting is to be employed, use the
28 actual task areas and point calculation procedures.
29 (iv) Calculate the level of general lighting by
30 multiplying the task lighting level by one-third, where
20070S0833B1353 - 87 -
1 there is only one task level, or by taking one-third of
2 the sum of the products of the task levels as provided
3 for in subparagraph (ii) and their areas as provided for
4 in subparagraph (iii) divided by the total task areas.
5 (v) Calculate the level of noncritical lighting.
6 (2) To determine lighting system data:
7 (i) Determine light source and luminaire types to
8 use.
9 (ii) Determine lamp lumens per watt and luminaire
10 coefficients of utilization for room and luminaire
11 mounting height dimensions. Luminaire CUs shall be
12 selected from the IES Lighting Handbook. In all cases, no
13 luminaire shall have a CU for RCR = 1 of less than that
14 given in Table 11 lamp efficacies for the appropriate
15 space.
16 (3) To determine allowable wattage:
17 (i) Using data from paragraph (2), the illumination
18 levels and areas determined in paragraph (1), and the
19 criteria of Table 11 on Reflectance, calculate the
20 allowable wattages using the lumen method.
21 (ii) Calculate the total space wattage by adding the
22 task, general and noncritical lighting loads.
23 (iii) Add the wattage of luminaires allowed in
24 subsection (e)(2).
25 Table 11
26 Lamp efficacies.--The following are initial lumen output
27 per watt input, including ballast losses:
28 Lumens
29 Application per Watt
30 Where moderate color rendition is appropriate 55
20070S0833B1353 - 88 -
1 Where good color rendition is appropriate 40
2 Where high color rendition is appropriate,
3 spaces are less than 50 square feet or where
4 use of low wattage High Intensity Discharge
5 (HID) lamps under 250 W or fluorescent
6 lamps under 40 W is appropriate. 25
7 Luminaire coefficients of utilization (CU).--
8 Coefficients of utilization (CUs) are to be for
9 luminaires for use in the types of spaces listed below,
10 and those luminaires shall have a CU of no less than that
11 listed below (for each type space) for a Room Cavity
12 Ratio (RCR) of 1 and reflectances as in (c).
13 Minimum CU
14 Space Use (at RCR = 1)
15 For spaces with tasks subjected to veiling
16 reflections, where recommended levels of
17 illumination are listed in terms of
18 equivalent sphere illumination (ESI), and
19 where visual comfort is important. 0.55
20 For spaces without tasks, or with tasks
21 not subjected to veiling reflections, but
22 where visual comfort is important. 0.63
23 For spaces without tasks and where visual
24 comfort is not a criterion. 0.70
25 Other criteria:
26 Reflectances. For interior spaces, the following
27 initial cavity and surface reflectances shall be assumed:
28 Ceiling cavity reflectance 80%
29 Wall reflectance 50%
30 Floor cavity reflectance 20%
20070S0833B1353 - 89 -
1 Light loss factor. A light loss factor (LLF) of 0.70
2 shall be used.
3 § 5153. Alternative systems.
4 (a) Performance alternative.--Alternative building systems
5 and equipment design may be approved by the department when they
6 can be shown to have energy consumption not greater than that of
7 a similar building with similar forms of energy requirements,
8 designed in accordance with the provisions of this chapter or
9 when they can be shown to have energy consumption not greater
10 than that which shall be established by the department with the
11 approval of the Building Energy Conservation Committee, for the
12 purposes of this section, provided that for all buildings
13 classified as Use Group R-3 alternate building systems and
14 equipment design which satisfy the criteria of this section
15 shall not require the approval of the department but the use of
16 such an alternate building system or equipment design shall be
17 indicated in the warranty provided in section 5176 (relating to
18 Use Group R-3; notice; warranty).
19 (b) Nondepletable sources; exemption.--When such alternative
20 systems utilize solar, geothermal, wind or other nondepletable
21 energy sources for all or part of their energy sources, such
22 nondepletable energy supplied to the building shall be excluded
23 from the total energy chargeable to the proposed alternative
24 design. Any structure that is designed and built free of any
25 dependence on depletable energy sources shall be exempt from the
26 provisions of subsection (c) and any other provisions of this
27 chapter.
28 (c) Documentation.--Proposed alternative designs, submitted
29 to the department as requests for exception to the standard
30 design criteria, must be accompanied by an energy analysis
20070S0833B1353 - 90 -
1 prepared in accordance with the ASHRAE Standard 90-75.
2 § 5154. Use Group R-3 prescriptive standards.
3 Except as provided in section 5153(a) (relating to
4 alternative systems), Use Group R-3 buildings shall be
5 constructed utilizing the following minimum insulation
6 standards:
7 Ceilings R - 19
8 Exterior Walls R - 13
9 Floors Over Unheated Basements
10 and Crawl Spaces* R - 11
11 Edge Insulation for:
12 Heated Slabs R - 6.3
13 Unheated Slabs R - 4.2
14 Windows Multiglazing
15 Entrance Doors R - 2.5
16 Sliding Glass Doors (if applicable) Multiglazing
17 Ducts in Unheated Areas R - 3
18 *Basements containing a furnace
19 and/or hot water heater may be
20 considered heated
21 SUBCHAPTER C
22 APPLICATION OF STANDARDS; ESTABLISHMENT
23 OF COMMITTEE AND PENALTIES
24 Sec.
25 5171. Modification of standards; criteria.
26 5172. Application of energy conservation standards.
27 5173. Energy conservation manual for buildings.
28 5174. Building Energy Conservation Committee.
29 5175. Certification.
30 5176. Use Group R-3; notice; warranty.
20070S0833B1353 - 91 -
1 5177. Variances.
2 5178. Building permits.
3 5179. Permits for use or occupancy.
4 5180. Failure to submit certification.
5 5181. Inspections.
6 5182. (Reserved).
7 5183. Penalties.
8 5184. Enforcement.
9 5185. Civil action.
10 § 5171. Modification of standards; criteria.
11 (a) Recommendations to General Assembly.--The department,
12 with the approval of the Building Energy Conservation Committee
13 established pursuant to section 5174 (relating to Building
14 Energy Conservation Committee), after one or more public
15 hearings, may recommend to the General Assembly modifications to
16 the energy conservation standards contained in Subchapter B
17 (relating to energy conservation standards). Any recommended
18 modification to the energy conservation standards shall meet the
19 following criteria:
20 (1) It shall be consistent with the latest and most
21 effective technology.
22 (2) It shall not be in conflict with existing safeguards
23 for public health and safety.
24 (3) It shall be economically feasible as determined by
25 life-cycle-cost procedures.
26 (4) It shall be sufficiently stringent to effect a
27 significant savings of energy resources.
28 (5) It shall be a performance standard for the design of
29 buildings and systems within buildings to assure maximum
30 practical conservation of energy.
20070S0833B1353 - 92 -
1 (6) Consideration shall be given to building and energy
2 standards promulgated by national and other State
3 governmental agencies, private organizations and any other
4 available energy data.
5 (b) Federal performance standards.--In the event that the
6 Federal Government promulgates performance standards that are
7 inconsistent or more stringent than the standards detailed in
8 this chapter, and the Federal Government mandates the states to
9 enact legislation to comply with its standards, then the
10 department, with the approval of the Building Energy
11 Conservation Committee, may modify the energy conservation
12 standards contained in this chapter without the approval of the
13 General Assembly, in order to comply with the Federal standards.
14 § 5172. Application of energy conservation standards.
15 The energy conservation standards contained herein or as
16 promulgated by the department with the approval of the Building
17 Energy Conservation Committee shall apply to new buildings or to
18 renovations or additions on which actual construction and/or
19 design has not commenced prior to their effective dates. Except
20 for the authority of the Department of Community and Economic
21 Development to promulgate rules or regulations for all units
22 subject to the act of May 11, 1972 (P.L.286, No.70), known as
23 the Industrialized Housing Act, provided the standards invoked
24 are equal to or more stringent than those contained in this
25 chapter, or as mandated by Federal law, no public utility as
26 defined in 66 Pa.C.S. § 102 (relating to definitions),
27 department, board, agency or commission other than as provided
28 herein, shall promulgate or adopt any mandatory building energy
29 conservation standards, rules or regulations other than the
30 standards contained in Subchapter B (relating to energy
20070S0833B1353 - 93 -
1 conservation standards) promulgated under Subchapter D (relating
2 to adoption of future standards).
3 § 5173. Energy conservation manual for buildings.
4 (a) Production of manual.--Concurrent with the adoption of
5 the energy conservation codes required by this chapter, the
6 department shall produce an energy conservation manual for use
7 by designers, builders, contractors of residential and
8 nonresidential buildings, and municipalities of the
9 Commonwealth. This manual shall contain the established
10 standards and accepted practices. The manual shall further
11 contain prescriptive standards which, if complied with, will
12 result in conformance with the performance standards contained
13 herein or as promulgated by the department and shall be written
14 in such manner as to be easily understood by persons possessing
15 a minimal technical background. The manual shall be furnished
16 upon request to members of the public at a price sufficient to
17 cover the cost of printing.
18 (b) Review of manual.--The manual shall be reviewed by the
19 department and the Building Energy Conservation Committee at
20 least annually and shall be updated as significant new energy
21 conservation information becomes available.
22 (c) Educational programs.--The department shall provide
23 seminars and other educational programs throughout the
24 Commonwealth to provide information and counseling to builders,
25 architects, other licensed design professionals, local building
26 officials and other persons affected by this act on the
27 standards contained herein or as promulgated by the department.
28 § 5174. Building Energy Conservation Committee.
29 (a) Composition of committee.--In order to further the
30 coordinated and effective administration of this chapter, there
20070S0833B1353 - 94 -
1 is hereby established within the department a Building Energy
2 Conservation Committee. It shall consist of 12 members, the
3 membership of which shall be appointed by the Governor. The
4 committee shall consist of the following members or their
5 designees:
6 (1) Two representatives of State Government.
7 (2) One representative of local government.
8 (3) One licensed professional engineer.
9 (4) Two building contractors, one residential and one
10 industrial.
11 (5) One licensed architect.
12 (6) One representative of the energy supply industry.
13 (7) Four representatives of such other agencies and
14 organizations or individuals as the Governor may find are
15 necessary and proper to carry out the purposes of the
16 committee.
17 (b) Powers and duties.--In addition to the powers and duties
18 enumerated in this chapter, the Building Energy Conservation
19 Committee shall:
20 (1) Be responsible for the regular exchange of
21 information and plans regarding building energy conservation,
22 for the development, review and approval of proposed and
23 existing standards, guidelines, regulations and manuals.
24 (2) Elect from its members a board on variances.
25 (c) Expenses.--The members of the committee shall not
26 receive any compensation for their services but shall be
27 reimbursed for their actual and necessary expenses incurred in
28 the performance of their duties. When acting on matters
29 concerning variances, members of the board on variances shall
30 receive $50 per day plus their actual and necessary expenses.
20070S0833B1353 - 95 -
1 § 5175. Certification.
2 (a) Applicability.--The provisions of this section shall
3 apply to all buildings subject to this act except those
4 classified as Use Group R-3.
5 (b) Compliance with chapter.--It shall be the duty of the
6 licensed design professional retained in connection with the
7 design or construction of a building to certify that, in his
8 professional opinion and in accordance with the accepted
9 standards of his profession, the drawings, specifications and
10 other data will achieve compliance with the provisions of this
11 chapter. If no licensed design professional is retained in
12 connection with the design or construction of a building, then
13 this certification shall be made by the builder or the owner, if
14 he is the builder. All such information required in this
15 provision to be submitted to the department must be accompanied
16 by a filing fee of $10. The filing fee may be subject to change
17 by the Building Energy Conservation Committee upon the
18 recommendation of the department to the Building Energy
19 Conservation Committee, provided, however, that advance notice
20 of such change has appeared in the Pennsylvania Bulletin. If the
21 building is subject to Chapter 43 (relating to fire and panic),
22 the certification required hereunder shall be submitted on a
23 form with the application for plan approval under Chapter 43.
24 (c) Inspection.--Each licensed design professional retained
25 by the owner or his designee, where any of such are retained
26 during the construction of a building, shall make periodic
27 inspections of the building progression to observe compliance
28 with this chapter, provided that such inspection shall not be
29 construed as a guarantee of satisfactory performance by others
30 or as an assumption of financial liability for unknown defects
20070S0833B1353 - 96 -
1 or deficiencies in the work of others.
2 (d) Final certification.--Each builder retained by the owner
3 or the owner, if he is the builder, shall make a final
4 certification of every completed building stating that such
5 building has been constructed in compliance with the approved
6 drawings and specifications prepared by a licensed design
7 professional or with the provisions of this chapter.
8 § 5176. Use Group R-3; notice; warranty.
9 (a) Notice to department.--Prior to construction of any
10 building classified as Use Group R-3, the builder shall notify
11 the department by first class mail of his intent to begin
12 construction. Such notice shall include a filing fee of $10 and
13 contain the name of the owner of the building and its location.
14 The filing fee may be subject to change by the Building Energy
15 Conservation Committee, upon the recommendation of the
16 department to the Building Energy Conservation Committee,
17 provided, however, that advance notice of such change has
18 appeared in the Pennsylvania Bulletin.
19 (a.1) Restricted account.--All filing fees shall be
20 deposited in a restricted account in the State Treasury to be
21 known as the Building Energy Conservation Account. All fees
22 collected for the purpose of this chapter shall be deposited in
23 this account and the department shall draw from the account
24 sufficient funds to cover the administrative and enforcement
25 costs of operating the program. The funds in the account are
26 hereby appropriated to the department to carry out this chapter
27 and shall not lapse at the end of any fiscal year. The balance
28 of funds remaining in any existing Building Energy Conservation
29 Account and held by the department on the effective date of this
30 chapter is hereby transferred to the special Building Energy
20070S0833B1353 - 97 -
1 Conservation Account established pursuant to this subsection.
2 (a.2) Notice to public utilities and utility providers.--
3 (1) Prior to construction and except as provided in
4 paragraph (5), the builder shall also provide a copy of the
5 notice of intent to begin construction required by subsection
6 (a) and certified as received by the department to all public
7 utilities or utility providers which may be requested to
8 furnish any electric service to or for buildings classified
9 as Use Group R-3, which are constructed after the effective
10 date of this subsection.
11 (2) All public utilities and utility providers shall
12 rely on the certified copy of the required notice in
13 furnishing, rendering or supplying any electric service to or
14 for a building classified as Use Group R-3, except as
15 provided in paragraph (5), and no public utility or utility
16 provider shall conduct any audit, inspection or examination
17 of the building for the purpose of determining compliance
18 with this chapter. The furnishing, rendering or supplying of
19 electric service by a public utility or utility provider to
20 or for a building classified as Use Group R-3 shall not
21 constitute a certification or determination by the public
22 utility or utility provider that the building has been
23 constructed in compliance with this chapter.
24 (3) Except as provided in paragraph (5), no public
25 utility or utility provider shall furnish any electric
26 service to or for any building classified as Use Group R-3
27 which is constructed after the effective date of this
28 subsection unless it has first received the required copy of
29 the notice of intent to begin construction which has been
30 certified as received by the department.
20070S0833B1353 - 98 -
1 (4) Each public utility or utility provider shall be
2 required to retain the certified copy of the notice of intent
3 to begin construction which is submitted to it for at least
4 two years, provided, however, that if a utility or utility
5 provider uses data processing equipment to record and
6 maintain information derived from the certified copy of the
7 notice of intent to begin construction, such utility or
8 utility provider shall not be required to retain the
9 certified copy of the notice or a photocopy thereof.
10 (5) (i) Each public utility or utility provider shall
11 be exempt from the provisions of paragraphs (1) through
12 (4) when any electric service is requested for a building
13 classified as Use Group R-3 which is located in a
14 municipality which has elected to administer this chapter
15 in accordance with sections 5192 (relating to election;
16 Use Group R-3) and 5193 (relating to election; cities)
17 and which requires that a notice of intent to begin
18 construction be filed with the municipality prior to or
19 at the time that application is made for a building
20 permit.
21 (ii) Each public utility or utility provider shall
22 be exempt from the provisions of paragraphs (1) through
23 (4) in situations where, in the public utility's or
24 utility provider's judgment, strict compliance may
25 jeopardize the public health or safety or impose an undue
26 hardship. In such event, the public utility or utility
27 provider shall notify the department or the administering
28 municipality, in writing, on forms prescribed by the
29 department, of the exemption.
30 (6) If a builder fails to file the required notice with
20070S0833B1353 - 99 -
1 the department or the administering municipality within 30
2 days of receiving an exemption under paragraph (5), the
3 department or the administering municipality shall serve
4 written notice on the builder that he is in violation of this
5 act and subject to a penalty as provided for in subsection
6 (d).
7 (b) Warranty.--At the time a contract for the construction
8 of any building classified as Use Group R-3 is entered into, the
9 builder shall warrant to the owner in writing that the building
10 shall be constructed in accordance with the provisions of this
11 chapter. Such warranty shall be a document separate from the
12 contract and shall be in the following form:
13 I, (Builder), hereby warrant to (Owner) that the premises
14 known as (Description) shall be constructed in accordance
15 with the provisions of 35 Pa.C.S. Ch. 51 (relating to
16 building energy conservation).
17 This law provides building standards to make your home
18 energy efficient and also provides you with legal remedies if
19 your home is not built according to the State standards. If
20 you would like the State to do an energy audit of your home
21 to determine if it conforms to State standards, you may call
22 the Pennsylvania Department of Community and Economic
23 Development at (Telephone), and they will perform an
24 inspection of your home for a fee of $35.
25 Indicate if alternate building system or equipment design
26 is being employed.
27 (c) Time of providing warranty.--If the builder is also the
28 owner of the building at the time of construction, he shall
29 provide the warranty required by subsection (b) at the time of
30 its initial sale to a new owner. Such warranty shall be in
20070S0833B1353 - 100 -
1 substantially the same form as provided in subsection (b).
2 (d) Failure to provide notice.--The Department of Community
3 and Economic Development, after hearing, may assess a civil
4 penalty payable to the Commonwealth not to exceed $100 for a
5 first offense upon any builder who fails to give the notice
6 required by subsection (a). In determining the amount of the
7 civil penalty for a first offense, the department shall consider
8 the willfulness of the violation and the cost incurred by the
9 department in discovering the violation. In the event a builder
10 fails to give the notice required by subsection (a) on a second
11 or subsequent occasion, the department shall assess upon the
12 builder a civil penalty payable to the Commonwealth of $200.
13 (e) Failure to provide warranty.--Whenever a builder fails
14 to provide the warranty required by subsection (b) or (c) such
15 required warranty shall constitute an implied warranty and the
16 owner's right to proceed under section 5185 (relating to civil
17 action) shall not be affected. If it is established by a
18 preponderance of the evidence that the builder's failure to
19 provide the warranty was willful, then damages in twice the
20 amount provided in section 5185 may be awarded.
21 § 5177. Variances.
22 (a) Requests.--Any request for a variance from the energy
23 conservation standards contained herein shall be made to the
24 board on variances of the Building Energy Conservation Committee
25 and a decision on such request shall be made within 30 days of
26 its filing.
27 (b) Criteria.--A variance shall be granted only if it is
28 found that:
29 (1) Compliance with the provisions of this act would
30 result in extreme hardship to the owner.
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1 (2) The granting of such variance would not result in a
2 significant increase in the energy usage of the building.
3 § 5178. Building permits.
4 Any building permit issued by the Commonwealth or any of its
5 political subdivisions shall have printed upon its face notice
6 that the provisions of this chapter must be complied with.
7 § 5179. Permits for use or occupancy.
8 Before any building or structure hereafter constructed, other
9 than a building not subject to this chapter, or those classified
10 as Use Group R-3, shall be used or opened for occupancy, the
11 owner thereof shall notify the department of the completion of
12 the building for the purposes of this chapter and submit the
13 necessary certification therewith, provided, however, that if a
14 municipality elects to administer the provisions of this chapter
15 under Subchapter D (relating to adoption of future standards)
16 such notice and certification shall be submitted to the
17 municipality which shall forward a copy of the notice to the
18 department. No permit for use or occupancy shall be granted
19 until such submission has been made. No building official of the
20 Commonwealth or any of its political subdivisions shall issue a
21 permit until he has received proof of such compliance. Where the
22 certificate has been submitted to the department, presentation
23 to the building official of the mailing receipt together with a
24 copy of the certification required by section 5175 (relating to
25 certification) shall establish proof of compliance for the
26 purposes of this section. Upon such presentation any building
27 official of the Commonwealth or any of its political
28 subdivisions shall issue a permit for use or occupancy, provided
29 all other criteria for such a permit have been satisfied and
30 said building official shall notify the department that he has
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1 issued the same.
2 § 5180. Failure to submit certification.
3 Whenever the owner of any building, other than a building
4 classified as Use Group R-3, shall fail to give the notice and
5 submit the necessary certification in accordance with section
6 5179 (relating to permits for use or occupancy) and shall
7 nevertheless proceed with the use or occupancy of the building,
8 the department or the municipality shall serve notice on the
9 said owner that he is in violation of this chapter and order him
10 to comply therewith.
11 § 5181. Inspections.
12 The department may perform a nondestructive inspection within
13 two years of the date of completion of construction of any
14 building constructed after the effective date of this chapter to
15 determine compliance with the provisions of this chapter,
16 provided at least 30 days notice has been given to the owner.
17 The costs of any such inspection initiated by the department
18 shall not be assessed on the owner. The department may also
19 cause such an inspection to be performed at the request of the
20 owner of any building subject to this chapter. The fee for such
21 an inspection upon request under section 5176(b) (relating to
22 Use Group R-3; notice; warranty) for R-3 buildings is $35. The
23 fee for inspections performed upon request for all other
24 buildings subject to this chapter shall be determined by the
25 department at such an amount as to cover the necessary costs of
26 the inspection.
27 § 5182. (Reserved).
28 § 5183. Penalties.
29 (a) Applicability.--The provisions of this section shall
30 apply to all buildings subject to this chapter except those
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1 classified as Use Group R-3.
2 (b) Violations of act.--Any person who shall willfully or
3 negligently violate any of the provisions of this chapter, or
4 the rules and regulations or the orders for the enforcement of
5 the said provisions or rules and regulations issued by duly
6 authorized officers of the department or who shall hinder, delay
7 or interfere with any officer charged with the enforcement of
8 this chapter in the performance of his duty, shall, upon
9 conviction thereof, be punished by a fine of $300 and costs. In
10 the event of violation of more than one provision of this
11 chapter, the violation of each provision shall be deemed a
12 separate and distinct offense for the purposes of this section.
13 (c) Institution of proceedings.--Prosecutions for violations
14 of this chapter or the rules and regulations of the department
15 may be instituted by the Secretary of Labor and Industry or
16 under his directions by an authorized representative of the
17 department. Upon conviction after a hearing in a court of
18 competent jurisdiction, the sentences provided in this chapter
19 shall be imposed and shall be final unless an appeal be taken in
20 the manner prescribed by law.
21 (d) Disposition of fines.--All fines collected under this
22 chapter shall be forwarded to the department who shall pay the
23 same into the State Treasury for the use of the Commonwealth.
24 (e) False certification.--Any architect or other licensed
25 design professional who willfully provides a false certification
26 for any building subject to the provisions of this chapter shall
27 be subject to the suspension or revocation of his license by the
28 State Board of Examiners of Architects or other applicable State
29 licensing board.
30 § 5184. Enforcement.
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1 (a) Applicability.--The provisions of this chapter shall
2 apply to every building enumerated in this chapter, including
3 buildings owned in whole or in part by the Commonwealth or any
4 political subdivision thereof, and with the exception of those
5 buildings not included in this chapter or those classified as
6 Use Group R-3, shall be enforced by the Secretary of Labor and
7 Industry, by and through his authorized representatives.
8 (b) Powers of officers.--For the purpose of enforcing the
9 provisions of this chapter, all the officers charged with its
10 enforcement shall have the power to enter any of the buildings
11 enumerated in this chapter, and no person shall hinder or delay,
12 or interfere with any of the said officers in the performance of
13 his duty, nor refuse any pertinent information necessary to
14 determine whether the provisions of this chapter and the rules
15 and regulations herein provided for, are or will be complied
16 with.
17 § 5185. Civil action.
18 (a) Use Group R-3.--The owner of any building subject to the
19 requirements of section 5176 (relating to Use Group R-3; notice;
20 warranty) who is aggrieved as the result of such building not
21 being properly designed or constructed in conformance with this
22 chapter shall have a right of action for breach of warranty.
23 Remedies may include specific performance or an award of damages
24 in an amount not less than $300. Attorney fees shall be
25 recoverable in any action in which the owner prevails. Any such
26 award shall further provide for payment of the actual costs in
27 excess of $35 incurred by the department if it inspected the
28 building for the owner and the owner shall remit such amount to
29 the department.
30 (b) Other buildings.--The owner of any building, other than
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1 a building not included in this chapter or those classified as
2 Use Group R-3, at the time of its design or construction under
3 the provisions of this chapter who is aggrieved as the result of
4 such building not being properly designed or constructed in
5 conformance with the certificate issued under section 5175
6 (relating to certification) shall have a right of action against
7 any person who is required to submit such certificate.
8 (c) Limitation of action.--
9 (1) No action brought under subsection (a) shall be
10 maintained unless brought within three years from the date of
11 the warranty.
12 (2) No action brought under subsection (b) shall be
13 maintained unless brought within three years from the date of
14 completion of the building.
15 SUBCHAPTER D
16 ADOPTION OF FUTURE STANDARDS
17 Sec.
18 5191. Adoption and promulgation of standards.
19 § 5191. Adoption and promulgation of standards.
20 The department, with the approval of the Building Energy
21 Conservation Committee, shall, after one or more public
22 hearings, adopt and publish energy conservation standards for
23 all buildings covered by this act in accordance with the
24 provisions of the act of July 31, 1968 (P.L.769, No.240),
25 referred to as the Commonwealth Documents Law. The purpose of
26 such standards is to reduce wasteful or uneconomic consumption
27 of energy by balancing the cost of energy procurement against
28 the cost of energy-conserving building practices. The energy
29 conservation standards shall meet the following criteria:
30 (1) They shall be consistent with the latest and most
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1 effective technology.
2 (2) They shall not be in conflict with existing
3 safeguards for public health and safety.
4 (3) They shall be economically feasible as determined by
5 life-cycle-cost procedures.
6 (4) They shall be sufficiently stringent to effect a
7 significant savings of energy resources.
8 (5) They shall be a performance standard for the design
9 of buildings and systems within buildings to assure maximum
10 practical conservation of energy.
11 (6) Consideration shall be given to building and energy
12 standards promulgated by national and other State
13 governmental agencies, private organizations and any other
14 available energy data.
15 SUBCHAPTER E
16 LOCAL ELECTION
17 Sec.
18 5192. Election; Use Group R-3.
19 5193. Election; cities.
20 5194. Powers of municipalities.
21 5195. Variances.
22 5196. Disposition of fines and fees.
23 § 5192. Election; Use Group R-3.
24 Any municipality of this Commonwealth may elect to administer
25 the provisions of this chapter relating to Use Group R-3
26 buildings, except for units subject to the act of May 11, 1972
27 (P.L.286, No.70), known as the Industrialized Housing Act, or
28 those units subject to Title VI of the National Manufactured
29 Housing Construction and Safety Standards Act of 1974 (Public
30 Law 93-383, 42 U.S.C. § 5401 et seq.). Such election shall be
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1 made by resolution of the governing body of such municipality
2 which shall be in substantially the following form:
3 The (city, borough, town or township) of ___________________
4 hereby elects to administer the provisions of the former act
5 of December 15, 1980 (P.L.1203, No.222), known as the Building
6 Energy Conservation Act, for Use Group R-3 buildings as defined
7 therein.
8 § 5193. Election; cities.
9 Any city of the first class, second class and second class A
10 may elect to administer the provisions of this chapter for all
11 buildings subject hereto, except for units subject to the act of
12 May 11, 1972 (P.L.286, No.70), known as the Industrialized
13 Housing Act, or those units subject to Title VI of the National
14 Manufactured Housing Construction and Safety Standards Act of
15 1974 (Public Law 93-383, 42 U.S.C. § 5401 et seq.). Such
16 election shall be made by resolution of the governing body of
17 such city which shall be in substantially the following form:
18 The city of ________________ hereby elects to administer the
19 provisions of 35 Pa.C.S. Ch. 51 (relating to building energy
20 conservation).
21 § 5194. Powers of municipalities.
22 Any municipality electing to administer the provisions of
23 this chapter under section 5192 (relating to election; Use Group
24 R-3) or 5193 (relating to election; cities) shall exercise the
25 same powers conferred upon the department by this chapter,
26 including the power to institute proceedings for violations of
27 this chapter, with the exception of those powers specified in
28 sections 5171 (relating to modification of standards; criteria),
29 5173 (relating to energy conservation manual for buildings) and
30 in Subchapter D (relating to adoption of future standards). In
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1 addition, any such municipality may exercise such other
2 administrative and enforcement procedures as it shall deem
3 necessary to effect the purposes of this chapter, including, but
4 not limited to, prior plan approval, building permit
5 requirements, use or occupancy permit requirements and
6 inspections during the course of construction.
7 § 5195. Variances.
8 Any municipality electing to administer the provisions of
9 this chapter under section 5192 (relating to election; Use Group
10 R-3) or 5193 (relating to election; cities) shall establish a
11 board on variances to make determinations on request for
12 variance from the energy conservation standards contained herein
13 or as promulgated by the department with the approval of the
14 Building Energy Conservation Committee, and is authorized
15 exclusive jurisdiction to grant such variances, section 5177(a)
16 (relating to variances) notwithstanding. A municipality,
17 however, need not establish a board on variances if it has
18 established a zoning hearing board pursuant to the act of July
19 31, 1968 (P.L.805, No.247), known as the Pennsylvania
20 Municipalities Planning Code. If the municipality does not
21 establish a board on variances, the powers and duties
22 established by this section shall be exercised by such zoning
23 hearing board. A variance shall only be granted if the criteria
24 of section 5177(b) have been satisfied.
25 § 5196. Disposition of fines and fees.
26 Any fines or fees collected under this chapter by any
27 municipality electing to administer the provisions of this
28 chapter under section 5192 (relating to election; Use Group R-3)
29 or 5193 (relating to election; cities) shall be retained by the
30 municipality, section 5183(d) (relating to penalties)
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1 notwithstanding.
2 SUBCHAPTER F
3 MISCELLANEOUS PROVISIONS
4 Sec.
5 5197. Report to General Assembly.
6 § 5197. Report to General Assembly.
7 Thirty months after the effective date of this section, the
8 department shall report to the General Assembly the results of
9 the inspections it has performed under this chapter together
10 with a report on public compliance with this chapter. The report
11 shall also document the amount of money that the department
12 received pursuant to this chapter and the dispensation of these
13 funds. In addition, within 24 months of the effective date of
14 this section, the department shall obtain from every
15 municipality electing to enforce the provisions of this chapter
16 a report containing information similar to that required of the
17 department under this section. The department shall include such
18 findings in its report to the General Assembly.
19 CHAPTER 53
20 RESTROOM FACILITIES FOR WOMEN
21 Sec.
22 5301. Statement of purpose.
23 5302. Definitions.
24 5303. Restroom requirements.
25 5304. Standards.
26 5305. Applicability.
27 5306. Exemptions.
28 § 5301. Statement of purpose.
29 The purpose of this chapter is to end the inequitable delays
30 which women face when they need to use restroom facilities in
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1 public places when men are rarely required to wait for the same
2 purpose.
3 § 5302. Definitions.
4 The following words and phrases when used in this chapter
5 shall have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 "Department." The Department of Labor and Industry of the
8 Commonwealth.
9 "Facilities where the public congregates." Sports and
10 entertainment arenas, stadiums, community and convention halls,
11 specialty event centers, amusement facilities, ski resorts and
12 public middle schools and high schools. The term includes
13 specialty event centers in public parks.
14 "Public building." A building owned or leased by the
15 Commonwealth, an agency or instrumentality of the Commonwealth
16 or a political subdivision.
17 "Renovation." Either of the following:
18 (1) the rehabilitation of an existing building which
19 requires more than 50% of the gross floor area or volume of
20 the entire building to be rebuilt; except that cosmetic work
21 such as painting, wall covering, wall paneling, floor
22 covering and suspended ceiling work shall not be included; or
23 (2) any addition to an existing building.
24 The provisions of this chapter shall only apply to such portion
25 of the building being renovated and not to the entire building.
26 "Specialty event center." An open arena used for rallies,
27 concerts, exhibits, etc., with no permanent structure for
28 purposes of assembly.
29 § 5303. Restroom requirements.
30 Publicly and privately owned facilities where the public
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1 congregates shall be equipped with sufficient temporary or
2 permanent restrooms to meet the needs of the public at peak
3 hours. More water closets and lavatories shall be provided for
4 women than for men by a ratio determined by the department.
5 Facilities shall conform with and be approved by the department
6 in accordance with the provisions of Chapter 43 (relating to
7 fire and panic).
8 § 5304. Standards.
9 The department shall adopt, by regulation, standards with
10 respect to all public and private facilities where the public
11 congregates, unless such facilities are exempt from coverage
12 under section 5306 (relating to exemptions).
13 § 5305. Applicability.
14 This chapter shall apply to facilities where the public
15 congregates which commence construction, or which undertake
16 structural alterations or renovations exceeding 50% of the
17 entire facility, on or after January 1, 1990. Implementation of
18 the provisions of this chapter shall be based upon contracts for
19 design or construction signed on or after the effective date of
20 the rules and regulations promulgated under this chapter.
21 § 5306. Exemptions.
22 This chapter shall not apply to the following:
23 (1) Any hotel. For purposes of this section, "hotel"
24 means an establishment in which there exists the relationship
25 of guests and innkeeper between the occupants and the owner
26 or operator of the establishment. The existence of some other
27 legal relationship between the occupants and owner or
28 operator shall be immaterial.
29 (2) Any public eating or drinking place as defined in
30 the act of May 23, 1945 (P.L.926, No.369), referred to as the
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1 Public Eating and Drinking Place Law.
2 (3) Community and municipal parks with seating capacity
3 for less than 500 persons.
4 CHAPTER 55
5 DRY CLEANING
6 Sec.
7 5501. Scope of chapter.
8 5502. Legislative purpose.
9 5503. Definitions.
10 5504. Class I dry cleaning plant restricted.
11 5505. General requirements.
12 5506. Power to make regulations.
13 5507. Approval of plans for dry cleaning plants.
14 5508. Review of orders and decisions of department.
15 5509. Inspection of buildings.
16 5510. Application to existing plants.
17 5511. Fines and penalties.
18 5512. Disposition of fines and fees.
19 5513. Savings provision.
20 § 5501. Scope of chapter.
21 This chapter relates to safety in the dry cleaning industry.
22 § 5502. Legislative purpose.
23 The General Assembly finds that solvents used in dry cleaning
24 plants pose fire hazards and health hazards; accordingly, it is
25 the purpose of this chapter to regulate the construction,
26 operation and maintenance of dry cleaning plants in order to
27 protect the public and the dry cleaning plant workers from fire
28 hazards and health hazards associated with dry cleaning
29 solvents.
30 § 5503. Definitions.
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1 The following words and phrases when used in this chapter
2 shall have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Class I dry cleaning plant." A dry cleaning plant in which
5 dry cleaning is conducted by utilizing Class I solvent.
6 "Class II dry cleaning plant." A dry cleaning plant in which
7 dry cleaning is conducted by utilizing Class II solvent.
8 "Class IIIA dry cleaning plant." A dry cleaning plant in
9 which dry cleaning is conducted by utilizing Class IIIA solvent.
10 "Class IIIB dry cleaning plant." A dry cleaning plant in
11 which dry cleaning is conducted by utilizing Class IIIB solvent.
12 "Class IV dry cleaning plant." A dry cleaning plant in which
13 dry cleaning is conducted by utilizing Class IV solvent.
14 "Class V dry cleaning plant." A dry cleaning plant in which
15 dry cleaning is conducted utilizing Class IV solvent and where
16 the dry cleaning is conducted by the public.
17 "Class I solvent." A liquid having a flash point below 100
18 degrees Fahrenheit (37.8 degrees Centigrade).
19 "Class II solvent." A liquid having a flash point at or
20 above 100 degrees Fahrenheit (37.8 degrees Centigrade) and below
21 140 degrees Fahrenheit (60 degrees Centigrade).
22 "Class IIIA solvent." A liquid having a flash point at or
23 above 140 degrees Fahrenheit (60 degrees Centigrade) and below
24 200 degrees Fahrenheit (93.4 degrees Centigrade).
25 "Class IIIB solvent." A liquid having a flash point at or
26 above 200 degrees Fahrenheit (93.4 degrees Centigrade).
27 "Class IV solvent." A liquid which is nonflammable.
28 "Department." The Department of Labor and Industry of the
29 Commonwealth.
30 "Dry cleaning." The process of cleaning wearing apparel,
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1 cloth, fabrics, textiles, leather goods, feathers, furs and hats
2 of any type or kind by immersion and agitation, or by immersion
3 only, in a commercially nonaqueous volatile or volatile and
4 flammable liquid solvent applied either manually or by means of
5 a mechanical appliance, including the sponging or brushing of
6 such articles by the use of such solvents.
7 "Dry cleaning plant." Any premises in which dry cleaning is
8 conducted.
9 "Person." An individual, partnership, association or
10 corporation.
11 "Toxic and hazardous substance." Any substance included on
12 the list of substances compiled by the department pursuant to
13 section 3 of the act of October 5, 1984 (P.L.734, No.159), known
14 as the Worker and Community Right-to-Know Act.
15 § 5504. Class I dry cleaning plant restricted.
16 (a) Existing Class I plants.--Class I dry cleaning plants in
17 operation as of May 14, 1949, may be continued in operation,
18 subject to regulations adopted by the department.
19 (b) New Class I plants.--No person shall erect or construct
20 a new Class I dry cleaning plant, and the department shall not
21 approve plans for a Class I dry cleaning plant; nor shall any
22 such plant, other than those that were in operation as of May
23 14, 1949, be hereafter maintained or operated.
24 § 5505. General requirements.
25 With respect to the type of construction and materials used,
26 fire proofing, number and type of ways of egress, ventilation,
27 provisions for containment of dry cleaning solvent spills and
28 provisions for venting of vapors from dry cleaning solvent
29 spills, dry cleaning plants must be constructed, operated and
30 maintained in such a manner as to protect the public and dry
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1 cleaning plant workers from the hazards of fire and exposure to
2 toxic and hazardous substances and from any other hazards
3 associated with the use of or exposure to dry cleaning solvents.
4 § 5506. Power to make regulations.
5 The department shall have the following powers and duties:
6 (1) To make, alter, amend or repeal regulations for
7 carrying into effect all of the provisions of this chapter.
8 (2) To apply such provisions to specific conditions.
9 (3) To prescribe means, methods and practices to make
10 such provisions effective.
11 § 5507. Approval of plans for dry cleaning plants.
12 (a) Application for approval.--No person shall construct,
13 erect, maintain or operate any dry cleaning plant without first
14 obtaining the approval of the department. Application for such
15 approval shall be made upon forms prescribed by the department,
16 which shall require the applicant to identify specifically the
17 dry cleaning solvents that will be used in the plant. The
18 application shall be accompanied by drawings that depict the
19 floor plan, the roof plan, the external elevations of the
20 building in which the plant is located and the position of all
21 machinery and equipment in the plant, including all dry cleaning
22 machines and related equipment, exhaust fans, motors, storage
23 tanks and fire extinguishing equipment. Such plans shall
24 indicate compliance with the requirements of this chapter and
25 with the regulations promulgated by the department.
26 (b) Prior approval by the department.--Any dry cleaning
27 plant for which the approval of the department has been secured
28 as required by laws specifically repealed by this chapter shall
29 be deemed to have complied with the foregoing provisions of this
30 section.
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1 (c) Fee.--A fee of $75 shall be paid to the department for
2 review of dry cleaning plant plans.
3 § 5508. Review of orders and decisions of department.
4 (a) Appeals to Industrial Board.--Any person aggrieved by
5 any order of the department made in carrying out the provisions
6 of this chapter or by the department's refusal of any
7 application for approval may, at any time within 30 days after
8 receipt of notice of such order or refusal, appeal to the
9 Industrial Board and request a hearing by filing with the
10 Industrial Board a verified petition setting out specifically
11 and in full detail the order or refusal upon which a hearing is
12 desired and the reasons why such order or refusal is deemed to
13 be unreasonable or invalid.
14 (b) Adjudication by board.--The Industrial Board shall make
15 an adjudication with respect to any petition under subsection
16 (a) in accordance with the procedure prescribed in 2 Pa.C.S.
17 (relating to administrative law and procedure), and any such
18 adjudication made by the Industrial Board shall be subject to
19 judicial review in the manner prescribed by 2 Pa.C.S.
20 § 5509. Inspection of buildings.
21 Any inspector of the department or any representative of the
22 Pennsylvania State Police shall be permitted to enter any dry
23 cleaning plant at any reasonable hour for purposes of
24 inspection.
25 § 5510. Application to existing plants.
26 Nothing in this chapter shall be construed so as to restrict
27 or limit the operation of any dry cleaning plant, the
28 construction and operation of which was approved by the
29 department prior to the effective date of this section, unless,
30 in the opinion of the department, continued operation of the dry
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1 cleaning plant poses a fire hazard or a health hazard to the
2 public or to dry cleaning plant workers, in which event the
3 provisions of this chapter and the regulations promulgated by
4 the department pursuant to this chapter shall be applicable.
5 § 5511. Fines and penalties.
6 Any person who violates any of the provisions of this chapter
7 or any of the regulations promulgated by the department, as
8 herein authorized, shall, upon conviction, for the first
9 offense, be sentenced to pay a fine of not less than $100 nor
10 more than $500 and costs of prosecution, and, for any subsequent
11 offense, to pay a fine of not less than $1,000 nor more than
12 $5,000 and costs of prosecution, and, in default of the payment
13 of such fines and costs, to imprisonment for a period of not
14 less than ten days nor more than 60 days.
15 § 5512. Disposition of fines and fees.
16 All fines and fees collected by the department under the
17 provisions of this chapter shall be used by the department to
18 offset the expenses for the enforcement of this chapter.
19 § 5513. Savings provision.
20 Nothing in this chapter shall be construed to repeal any of
21 the following acts or parts of acts:
22 (1) Act of June 8, 1911 (P.L.705, No.281), entitled "An
23 act creating the office of Fire Marshal, to be attached to
24 the Department of Public Safety in cities of the first class;
25 prescribing his duties and powers; and providing penalties
26 for violations of the provisions of the act; and providing
27 for the method of appointment, compensation, and for the
28 maintenance of his office."
29 (2) Article XXXI of the act of July 28, 1953 (P.L.723,
30 No.230), known as the Second Class County Code.
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1 Section 2. This act shall take effect in 60 days.
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