THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ROBBINS, ALLOWAY, BREWSTER, EARLL, EICHELBERGER, FOLMER, FONTANA, KASUNIC, PICCOLA, SMUCKER, VOGEL, D. WHITE, M. WHITE, YAW AND MENSCH, FEBRUARY 25, 2011

REFERRED TO LABOR AND INDUSTRY, FEBRUARY 25, 2011  

AN ACT

Amending the act of November 10, 1999 (P.L.491, No.45), entitled

"An act establishing a uniform construction code; imposing

powers and duties on municipalities and the Department of

Labor and Industry; providing for enforcement; imposing

penalties; and making repeals," further providing for revised

or successor codes; and providing for report.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 304(a) of the act of November 10, 1999

(P.L.491, No.45), known as the Pennsylvania Construction Code

Act, amended October 9, 2008 (P.L.1386, No.106), is amended to

read:

Section 304.  Revised or successor codes.

(a)  Building code.--

(1)  Subject to sections 105(c) and (d), 301(a)(3), (4),

(5), (6) and (7), (c) and (d) and 302, by December 31 of the

year of the issuance of a new triennial ICC International

Building Code, or its successor building code, the department

shall promulgate regulations adopting the new code as the

Uniform Construction Code unless the council informs the

department that it should exclude any provisions of the

triennial code from the Uniform Construction Code. If the

council provides this notification, the department shall

submit regulations adopting the triennial code with

provisions omitted by the council under this section within

90 days following council notification.

(2)  Subject to sections 105(c) and (d), 301(a)(3), (4),

(5), (6) and (7), (c) and (d) and 302, by December 31 of the

year of issuance of a new triennial ICC International

Residential Code, or its successor building code, the

department shall promulgate regulations providing that all

detached one-family and two-family dwellings and one-family

townhouses that are not more than three stories in height and

their accessory structures may be designed in accordance with

that code or the Uniform Construction Code at the option of

the building permit applicant. The department shall

promulgate regulations adopting the new code as the Uniform

Construction Code unless the council informs the department

that it should exclude any provisions of the triennial code

from the Uniform Construction Code. If the council provides

this notification, the department shall submit regulations

adopting the triennial code with provisions omitted by the

council under this section within 90 days following council

notification.

(3)  Notwithstanding the provisions of paragraphs (1) and

(2), the regulations adopting the 2009 ICC International

Building Code or the 2009 International Residential Code are

abrogated, and the department shall promulgate regulations

reinstating the 2006 versions of those codes, which shall

remain in effect until December 31, 2012, and until such time

as the department shall adopt the 2012 triennial versions of

those codes pursuant to paragraphs (1) and (2).

Section 2.  The act is amended by adding a section to read:

Section 1101.1.  Report.

The Legislative Budget and Finance Committee shall undertake

a comprehensive review of this act and submit a report on its

findings to the Labor and Industry Committee of the Senate and

the Labor Relations Committee of the House of Representatives

within one year of the effective date of this section. The

review shall include:

(1)  The process by which the International Code Council

adopts changes to its codes and subcodes.

(2)  Costs and benefits of triennial adoption of the

Uniform Construction Code.

(3)  The composition of the Uniform Construction Code

Review and Advisory Council and the process by which it

reviews and recommends changes to this act.

(4)  The process of administration and enforcement of the

Uniform Construction Code.

(5)  The fee structure of the Uniform Construction Code.

(6)  The process, including time frames, by which the

department adopts the Uniform Construction Code.

Section 3.  This act shall take effect in 60 days.