1Providing for demolition standards for buildings and structures,
2for permits, for inspections, for powers and duties of the
3Department of Labor and Industry and for training and
4enforcement; imposing penalties; and establishing the
5Demolition Safety Training and Enforcement Account.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Short title.

9This act shall be known and may be cited as the Demolition
10Safety Act.

11Section 2. Definitions.

12The following words and phrases when used in this act shall
13have the meanings given to them in this section unless the
14context clearly indicates otherwise:

15"Account." The Demolition Safety Training and Enforcement
16Account established under section 9.

17"ANSI." The American National Standards Institute.

1"Code administrator." As defined in section 103 of the act
2of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania
3Construction Code Act.

4"Construction code official." As defined in section 103 of
5the act of November 10, 1999 (P.L.491, No.45), known as the
6Pennsylvania Construction Code Act.

7"Demolition." The partial or complete destruction of a
8building or structure.

9"Demolition work." The work incidental to or associated with
10the total, partial or complete destruction of a building or
11structure.

12"Department." The Department of Labor and Industry of the
13Commonwealth.

14"Municipality." As defined in section 103 of the act of
15November 10, 1999 (P.L.491, No.45), known as the Pennsylvania
16Construction Code Act.

17"OSHA." The Occupational Safety and Health Administration of
18the United States Department of Labor.

19"Pennsylvania Construction Code Act." The act of November
2010, 1999 (P.L.491, No.45), known as the Pennsylvania
21Construction Code Act.

22"Residential building." As defined in section 103 of the act
23of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania
24Construction Code Act.

25Section 3. Application.

26(a) General rule.--

27(1) This act shall apply to the demolition of all
28buildings and structures under the jurisdiction of cities of
29the first class and municipalities that have elected coverage
30under paragraph (2).

1(2) A municipality may approve and enact an ordinance
2under the law governing the adoption of ordinances in that
3jurisdiction to elect coverage under this act. <-If a 
4municipality acts under this paragraph, all of the following 
5apply:

6(i) The municipality shall not be required to adopt
7the provisions of section 4(a), (b) or (c) in their
8entirety.

9(ii) The municipality may adopt any or all of the
10provisions of section 4(a), (b) or (c).

11(iii) The municipality may adopt penalties less
12strict than those specified in section 6(a).

13(iv) The municipality shall be subject to the
14provisions set forth in sections 503 and 504 of the
15Pennsylvania Construction Code Act; however, a challenge
16to the ordinance under section 503(j) of the Pennsylvania
17Construction Code Act must be based on provisions adopted
18under section 4(a), (b) or (c).

<-19(b) Demolition codes and standards.--

20(1) Demolition work shall be completed in accordance
21with construction codes and standards adopted under the
22Pennsylvania Construction Code Act.

23(2) A city of the first class or a municipality that has
24elected coverage under subsection (a)(2) may enact an
25ordinance under the law governing the adoption of ordinances
26in that jurisdiction to adopt standards and safeguards for
27demolitions that equal or exceed the minimum requirements of
28the Uniform Construction Code adopted under section 301 of
29the Pennsylvania Construction Code Act. The ordinances shall
30not be subject to the limitations and requirements set forth

1in sections 503 and 504 of the Pennsylvania Construction Code
2Act.

<-3(b) Demolition codes and standards.--Demolition work shall 
4be completed in accordance with construction codes and standards 
5adopted under the Pennsylvania Construction Code Act.

6Section 4. Demolition permits and secondary demolition permits.

7(a) Demolition permits required.--<-Except as set forth in 
8subsection (e):

9(1) A contractor or an owner of a property who will
10perform demolition work on a building or structure must
11receive a demolition permit from the code administrator for
12the jurisdiction where the work will be performed.

13(2) A subcontractor or individual who is not an employee
14of the demolition permit holder and who will perform work
15authorized by the demolition permit must receive a secondary
16demolition permit from the code administrator for the
17jurisdiction where the work will be performed.

18(b) Permit applications.--<-Except as set forth in subsection 
19(e):

20(1) The demolition permit application shall require:

21(i) Identifying information and qualifications,
22which may include work history, training or educational
23experience, affiliation or membership in occupational
24associations or organizations, and licensing and
25certifications issued by a public agency or recognized
26industry association or organization.

27(ii) Documents, including building and site plans,
28if available, prepared by a licensed architect or
29professional engineer and demolition plans, time
30schedules and surveys required under 29 CFR Part 1926.850

1(relating to preparatory operations), prepared by a
2professional engineer who is trained or experienced in
3the field of demolition.

4(iii) A site-specific safety plan that supports the
5demolition plan and meets or exceeds current OSHA and
6ANSI A10.6 standards for demolition. The plan must be
7updated throughout demolition work.

8(iv) Verification that preparatory requirements have
9been completed, which include, but are not limited to,
10the following:

11(A) Asbestos or hazardous materials inspection,
12abatement or removal as required by Federal, State or
13local law or regulation.

14(B) Utility disconnections beyond the building
15or structure, except where it may be necessary to
16maintain a utility service.

17(v) Liability insurance in the amount of at least
18$1,000,000.

19(vi) A performance bond by a surety company
20authorized to do business in this Commonwealth in the
21amount of the estimated cost of the demolition work
22authorized by the permit, but not less than $25,000. The
23bond shall be conditioned upon acceptable completion of
24the work authorized by the permit.

25(vii) Certification that employees who will perform
26work authorized by the permit have completed industry
27standard training and maintain any certifications or
28licensing which may be required by Federal, State or
29local law.

30(viii) Proof of a drug and alcohol testing policy,

1which authorizes testing based on reasonable suspicion or
2any other basis, for all workers employed on the project,
3or, if the applicant is an individual, an agreement that
4the individual will not engage in the unlawful possession
5or use of a controlled substance while performing work
6authorized by the permit.

7(ix) An agreement that an employee or individual who
8has successfully completed an OSHA 30-hour course in
9construction industry safety and health hazard
10recognition and prevention and possesses training or
11experience in the application of ANSI A10.6 standards for
12demolition will be on site at all times work is performed
13under the permit.

14(x) Identifying information for subcontractors that
15will perform work authorized by the permit.

16(xi) An agreement to provide notice by certified
17mail of the application for a demolition permit and
18demolition time schedule to adjacent property owners and
19occupants.

20(xii) Any other requirements set forth by the
21department, the city of the first class or the
22municipality.

23(2) The secondary demolition permit application shall
24require:

25(i) Identifying information and qualifications,
26which may include work history, training or educational
27experience, affiliation or membership in occupational
28associations or organizations and licensing and
29certifications.

30(ii) A copy of the primary demolition permit.

1(iii) A summary of work to be completed by the
2subcontractor or individual.

3(iv) Liability insurance of at least $1,000,000.

4(v) Certification that employees or individuals who
5will perform work authorized by the permit have completed
6industry standard training and maintain any
7certifications or licensing which may be required by
8Federal, State or local law.

9(vi) Proof of a drug and alcohol testing policy,
10which authorizes testing based on reasonable suspicion or
11any other basis, for all workers employed on the project,
12or, if the applicant is an individual, an agreement that
13the individual will not engage in the unlawful possession
14or use of a controlled substance while performing work
15authorized by the permit.

16(vii) Any other requirements set forth by the
17department or municipality.

18(c) Permit approval.--<-Except as set forth in subsection (e):

19(1) A code administrator shall review applications for
20demolition permits and secondary demolition permits and may
21grant the permit if:

22(i) The application meets the requirements set forth
23under subsection (b).

24(ii) The code administrator determines that the
25applicant is qualified to perform the work authorized by
26the permit.

27(iii) The code administrator confirms that
28contractors and heavy equipment operators maintain
29certifications or licensing that may be required by
30Federal, State or local law.

1(iv) The code administrator has conducted a site
2inspection.

3(2) A code administrator may approve a permit with
4conditions or specialized instructions to conduct demolition
5work.

6(d) Waiver or reduction of permit requirements.--<-Except as 
7set forth in subsection (e):

8(1) A code administrator may waive or reduce
9requirements set forth by subsection (b) with respect to a
10single demolition permit if the code administrator finds
11that:

12(i) the costs or requirements are excessive when
13compared to the risks to public safety and acceptable
14completion of the demolition and that the demolition will
15include only work on a fully detached residential
16building that maintains a setback from property lines and
17public ways so that the demolition will not disturb
18adjacent properties or the public; or

19(ii) the proposed demolition will not include load-
20bearing structural changes and the applicant has obtained
21a construction permit.

22(2) Reasons must be provided by the code administrator
23in writing.

<-24(e) Exemptions for demolition work on residential
25buildings.--This section shall not apply to any of the
26following:

27(1) Demolition work on a residential building performed
28by the owner in a municipality which has taken action under
29section 3(a)(2).

30(2) Work which is exempt from coverage of Pennsylvania

1Construction Code Act.

2(f) Duplication of permits prohibited.--A municipality
3electing coverage under this act may not require a permit for
4demolition work under the Pennsylvania Construction Code Act if
5that work is covered under this act.

6Section 5. Enforcement.

7(a) Inspections required.--

8(1) A code administrator may examine and inspect
9demolition buildings, structures or sites related to the
10permit application or demolition to ensure compliance.

11(2) Inspections shall be conducted as follows:

12(i) prior to issuing a permit;

13(ii) at intervals during demolition work;

14(iii) at any time that a credible complaint has been
15made regarding the demolition work; and

16(iv) after work is completed.

17(b) <-Stop Fines, stop work orders and cancellation of
18permits.--A code administrator may <-assess fines of not more than 
19$500 per offense, issue stop work orders or revoke permits if
20the administrator finds that demolition work is not in
21compliance with the requirements of this act or the requirements
22of the demolition permit.

23(c) Right of appeal.--A person aggrieved by the application
24or enforcement of this section shall have the right to appeal to
25a court of appropriate jurisdiction.

26Section 6. Penalties.

27(a) Violation of the act.--

28(1) Any individual, firm or corporation that performs
29demolition work without a demolition permit or misrepresents
30or omits facts in order to obtain a demolition permit commits

1a misdemeanor of the third degree and shall, upon conviction,
2be sentenced to pay a fine of not more than $2,500 and costs.

3(2) Each day that a violation of this act continues
4shall be considered a separate violation.

5(b) Disposition of penalties.--The amount of the penalty
6shall be forwarded to the <-entity municipality with enforcement
7jurisdiction.

8Section 7. Records.

9The code administrator shall retain records of applications,
10inspections and enforcement actions for no less than four years
11after the completion of the demolition project.

12Section 8. Duties of department.

13(a) Review of code administrators.--

14(1) The department shall annually, and at any time with
15reasonable cause, review code administrators, construction
16code officials and third party agencies concerning the
17enforcement and administration of this act and qualifications
18required by section 701 of the Pennsylvania Construction Code
19Act.

20(2) The department shall make a report to the governing
21body of the municipality that was the subject of a review.
22The report shall include findings and recommendations or
23required actions to address any deficiency observed by the
24department.

25(3) The department may require compliance with this act
26through proceedings in Commonwealth Court.

27(b) Training programs.--Programs of required training and
28certification and continuing education for all categories of
29code administrators employed by the department, cities of the
30first class and municipalities that have elected coverage under

1this act shall include an OSHA 30-hour course in construction
2industry safety and health hazard recognition and prevention.

3Section 9. Training and enforcement grants.

<-4(a) Additional fee.--The department, cities of the first 
5class and municipalities that have <-(a) Additional fee.--A city 
6of the first class shall, and the department and a municipality 
7that has elected coverage under section 3(a)(2) may<-, assess an
8additional fee on each permit issued under the authority of this
9act and the Pennsylvania Construction Code Act in the amount of
1015% of the total cost of the permit.

11(b) Training and enforcement account.--There is hereby
12established within the State Treasury a restricted account,
13which shall be known as the Demolition Safety Training and
14Enforcement Account.

15(c) Deposit.--Moneys collected as authorized under
16subsection (a) shall be transmitted quarterly to the State
17Treasurer and deposited in the account. Moneys so deposited are
18appropriated to the department for the following purposes:

19(1) For grants for enhanced enforcement of this act and
20the Pennsylvania Construction Code Act, including training
21and staffing of code administrators, construction code
22officials and inspectors and associated administrative costs.
23Grants must be allocated annually and in proportion to
24revenue generated from the additional fees assessed under
25subsection (a).

26(2) For costs incurred by the department under section
278(a).

28(3) For costs of administering the account.

29(d) Report required.--Within 18 months of the effective date
30of this section and every year thereafter, the department shall

1submit a report to the chairman and minority chairman of the
2Labor and Industry Committee of the Senate and the chairman and
3minority chairman of the Labor and Industry Committee of the
4House of Representatives. The report shall provide the following
5information:

6(1) All data available on the administration of the
7account.

8(2) Revenue generated by the additional fee.

9(3) The use and distribution of revenue by the
10department.

11(4) Any other information that the department believes
12to be relevant or necessary in the content of the report.

13Section 10. Effective date.

14This act shall take effect <-immediately in 120 days.