AN ACT

 

1Amending the act of November 10, 1999 (P.L.491, No.45), entitled
2"An act establishing a uniform construction code; imposing
3powers and duties on municipalities and the Department of
4Labor and Industry; providing for enforcement; imposing
5penalties; and making repeals," further providing for
6definitions, for application of act, for powers and duties of
7the Department of Labor and Industry, for consideration of
8applications and inspections and for changes in Uniform
9Construction Code; and providing for training and enforcement
10programs for cities of the first class and for applicability
11to certain municipalities.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. Section 103 of the act of November 10, 1999
15(P.L.491, No.45), known as the Pennsylvania Construction Code
16Act, is amended by adding a definition to read:

17Section 103. Definitions.

18The following words and phrases when used in this act shall
19have the meanings given to them in this section unless the
20context clearly indicates otherwise:

21* * *

1"Commercial building." A building, structure or facility
2that is not a residential building as defined by this act.

3* * *

4Section 2. Section 104(a) of the act is amended to read:

5Section 104. Application.

6(a) General rule.--This act shall apply to the construction,
7alteration, repair [and], occupancy and demolition of all
8buildings in this Commonwealth.

9* * *

10Section 3. Sections 105 and 502 of the act are amended by
11adding subsections to read:

12Section 105. Department of Labor and Industry.

13* * *

14(a.1) Additional review for cities of the first class.--

15(1) The department shall annually, or when reasonable
16cause exists, review construction code officials, code
17administrators and third party agencies concerning the
18enforcement and administration of this act and qualification
19of officials under section 701.

20(2) The department shall make a report to the city of
21the first class providing the findings of the review. The
22report shall include required actions or recommendations to
23address any deficiency observed by the department.

24(3) The department may require compliance with this act
25through proceedings in Commonwealth Court.

26* * *

27Section 502. Consideration of applications and inspections.

28* * *

29(d) Demolition permits in cities of the first class.--

30(1) Unless the following requirements are met, a permit

1for the demolition of a commercial building or multiple
2single-family dwelling in a city of the first class shall not
3be issued:

4(i) An applicant for a permit for demolition of a
5commercial building or multiple single-family dwelling in
6a city of the first class must be the contractor or the
7owner of the property who will perform work authorized by
8the permit and must do all of the following:

9(A) Submit building plans and documents,
10including a demolition plan and schedule, prepared by
11a licensed architect or professional engineer.

12(B) Provide site safety plans that meet or
13exceed safety standards set forth by the Occupational
14Safety and Health Administration.

15(C) Complete any asbestos inspection and removal
16or abatement activities that may be required by
17Federal, State or local law or regulation.

18(D) Maintain liability insurance of at least
19$1,000,000.

20(E) Provide a cash deposit or bond by a surety
21company authorized to do business in this
22Commonwealth in the amount of $2 per square foot of
23the property.

24(F) Identify and provide proof of liability
25insurance for any subcontractors that will perform
26work authorized by the permit.

27(G) Provide notice by certified mail of the
28application for a demolition permit and demolition
29schedule to adjacent property owners and occupants.

30(H) Comply with any other requirements set forth

1by the department or the city of the first class.

2(ii) A code administrator who will issue a permit
3for demolition of a commercial building or multiple
4single-family dwelling in a city of the first class must
5do all of the following:

6(A) Verify the applicant's compliance with
7subparagraph (i).

8(B) Review building plans and documents.

9(C) Conduct a site inspection.

10(2) The code administrator shall preserve records
11demonstrating compliance with paragraph (1) for no less than
12four years after the completion of the project.

13Section 4. Section 503(c) of the act, amended November 29,
142006 (P.L.1440, No.157), is amended and the section is amended
15by adding a subsection to read:

16Section 503. Changes in Uniform Construction Code.

17* * *

18(c) Modification of minimum requirement.--Subject to the
19provisions of this act, the municipal governing body may propose
20and enact an ordinance to equal or exceed the minimum
21requirements of the Uniform Construction Code under the law
22governing the adoption of ordinances in that jurisdiction. [An]
23Except as provided in subsection (c.1), an ordinance under this
24subsection shall not be effective nor enforceable unless
25subsections (d), (e), (f), (g), (h) and (i) have been satisfied.
26Municipalities may enact ordinances pursuant to this section
27which adopt additional code requirements for alterations or
28repairs to residential buildings. Municipalities may enact
29ordinances pursuant to this section which adopt stricter code
30requirements than required by this act for the regulation of

1utility and miscellaneous use structures.

2(c.1) Cities of the first class.--A city of the first class
3may approve and enact an ordinance adopting standards and
4safeguards for demolition of commercial buildings or multiple
5single-family dwellings that equal or exceed the minimum
6requirements of the Uniform Construction Code.

7* * *

8Section 5. The act is amended by adding sections to read:

9Section 704. Training and enforcement programs for cities of the
10first class.

11(a) Additional fee in cities of the first class.--A city of
12the first class shall assess an additional fee on each permit
13issued under the authority of this act in the amount of 15% of
14the cost of the permit.

15(b) Training and enforcement account.--There is hereby
16established within the State Treasury a restricted account which
17shall be known as the First Class City Construction Code
18Training and Enforcement Account.

19(c) Deposit.--Moneys collected as authorized under
20subsection (a) shall be transmitted quarterly to the State
21Treasurer and deposited in the account established in subsection
22(b). Moneys so deposited are appropriated on approval of the
23Governor to the Department of Community and Economic Development
24and the department for the following purposes:

25(1) To support additional training activities for code
26officials and contractors in cities of the first class.

27(2) For grants to cities of the first class for enhanced
28enforcement, including for increased staffing of code
29administrators, officials and inspectors and associated
30administrative costs.

1(3) For costs related to reviews by the department under
2section 105(a.1).

3(4) For costs of administering the account established
4in subsection (b).

5Section 902.1. Applicability to certain municipalities.

6Notwithstanding any other provision of this act, a
7municipality may approve and enact an ordinance under the law
8governing the adoption of ordinances in that jurisdiction to
9adopt the requirements for cities of the first class set forth
10in sections 105(a.1), 502(d) and 503(c.1).

11Section 6. This act shall take effect immediately.