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 the
6duties of the council, for revised or successor codes and for
7education and training programs.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 107(b.1), (c) and (l) of the act of
11November 10, 1999 (P.L.491, No.45), known as the Pennsylvania
12Construction Code Act, amended or added October 9, 2008
13(P.L.1386, No.106) and April 25, 2011 (P.L.1, No.1), are amended
14to read:

15Section 107. Uniform Construction Code Review and Advisory
16Council.

17* * *

18(b.1) Code review process.--

19(1) Beginning with the 2012 ICC codes, the council shall
20review the latest triennial code revisions upon official

1publication of the codes.

2(2) During the review process, the council shall hold at
3least three public hearings. One of the public hearings shall
4be held in Harrisburg, one shall be held in the eastern
5region of this Commonwealth and one shall be held in the
6western region of this Commonwealth.

7(3) The council shall submit a report to the secretary
8within the 12-month period following official publication of
9the latest triennial code revisions under paragraph (1) with
10provisions of the codes that are specified for [adoption] 
11rejection. The provisions of the codes that are specified for
12[adoption] rejection shall be separately designated in the
13report.

14(4) The council shall examine triennial code revisions
15applying all of the following criteria:

16(i) The impact that the provision may have upon the
17health, safety and welfare of the public.

18(ii) The economic and financial impact of the
19provision.

20(iii) The technical feasibility of the provision.

21(5) Only triennial code revisions that are [adopted]
22rejected by a two-thirds vote of council membership shall be
23included in the report required under paragraph (3).

24(6) The council shall, as part of its review of the 2015
25ICC codes, also re-review the 2012 codes.

26(c) Composition.--The council shall consist of the following
27members appointed by the Governor:

28(1) A general contractor from an association
29representing the residential construction industry who has
30recognized ability and experience in the construction of new

1residential buildings.

2(2) A general contractor from an association
3representing the nonresidential construction industry who has
4recognized ability and experience in the construction of
5nonresidential buildings.

6(3) A Uniform Construction Code-certified residential
7building inspector who possesses all five residential
8certifications from an association representing building code
9officials who has experience administering and enforcing
10residential codes.

11(4) A Uniform Construction Code-certified building
12inspector who possesses all nonresidential inspection
13certifications, but need not possess a fire inspector
14certification, or a certified plans examiner who also holds
15an accessibility certification from an association
16representing building code officials who has experience
17administering and enforcing nonresidential codes.

18(5) A Uniform Construction Code-certified fire inspector
19from an association representing building code officials.

20(6) A Uniform Construction Code-certified building code
21official from an association representing building code
22officials with building code official certification.

23(7) A residential contractor from an association
24representing contractors engaged in remodeling residential
25buildings who has recognized ability and experience in
26remodeling residential and nonresidential buildings.

27(8) A licensed architect from an association
28representing architects who has recognized ability and
29experience in the design and construction of nonresidential
30buildings.

1(9) A licensed architect from an association
2representing architects who has recognized ability and
3experience in the design and construction of residential
4buildings.

5(10) A licensed structural engineer from an association
6representing professional engineers who has recognized
7ability and experience in the design and construction of
8buildings.

9(11) A licensed mechanical engineer specializing in HVAC
10systems from an association representing professional
11engineers who has recognized ability and experience in the
12design and construction of buildings.

13(12) A licensed mechanical engineer specializing in
14plumbing and fire protection from an association representing
15professional engineers who has recognized ability and
16experience in the design and construction of buildings.

17(13) A licensed electrical engineer from an association
18representing professional engineers who has recognized
19ability and experience in the design and construction of
20buildings.

21(14) An elected official of a township of the second
22class who has recognized ability and experience in
23construction of buildings.

24(15) An elected borough official who has recognized
25ability and experience in construction of buildings.

26(16) An elected official of a third class city who has
27recognized ability and experience in the construction of
28buildings.

29(17) An individual from an association representing
30manufactured housing who shall be knowledgeable, licensed or

1certified to sell and install manufactured housing.

2(18) An official of a city of the first class who has
3recognized ability and experience in the administration and
4enforcement of this act.

5(19) An individual from an association representing only
6modular housing manufacturers who is knowledgeable, licensed
7or certified under the act of May 11, 1972 (P.L.286, No.70),
8known as the Industrialized Housing Act, to manufacture and
9sell modular homes in Pennsylvania.

10(20) A professor of engineering with a concentration or
11specialty in building energy efficiency.

12(21) An architect specializing in building energy
13efficiency.

14At least one of the inspectors appointed to the council shall be
15a municipal employee, and at least one inspector shall be a
16third-party private sector inspector.

17* * *

18(l) Compensation and expenses.--Members of the council shall
19not receive a salary [or per diem allowance for their service] 
20but shall be entitled to $60 per diem and reasonable travel, 
21hotel and other necessary expenses incurred in performing their 
22duties.

23Section 2. Section 304 of the act, amended April 5, 2011
24(P.L.1, No.1), is amended to read:

25Section 304. Revised or successor codes.

26(a) Duties of department.--

27(1) Subject to sections 105(c) and (d), 301(a)(3), (4),
28(5), (6) and (7), (c) and (d) and 302, within [three] 12
29months of the receipt of the report under section 107(b.1),
30the department shall promulgate final-omitted regulations

1under the act of June 25, 1982 (P.L.633, No.181), known as
2the Regulatory Review Act, to adopt the triennial code
3revisions made in the report without change.

4(2) Regulations promulgated under this subsection are
5exempt from:

6(i) section 205 of the act of July 31, 1968
7(P.L.769, No.240), referred to as the Commonwealth
8Documents Law; and

9(ii) sections 204(b) and 301(10) of the act of
10October 15, 1980 (P.L.950, No.164), known as the
11Commonwealth Attorneys Act.

12(3) Notwithstanding paragraphs (1) and (2), the
13department shall promulgate regulations updating
14accessibility standards under Chapter 3 by adopting Chapter
1511 and Appendix E of the International Building Code of 2012,
16or its successor, by December 31 of the year of issuance of
17the new code.

18(a.1) Continuity.--If a triennial revision is not adopted
19under section 107(b.1)(5), the relevant provisions of the prior
20version of the codes shall remain in effect.

21(c) Prior permits and construction.--

22(1) A construction permit issued under valid
23construction regulations prior to the effective date of
24regulations for a subsequent Uniform Construction Code or
25International Fuel Gas Code issued under this act shall
26remain valid, and the construction of any building or
27structure may be completed pursuant to and in accordance with
28the permit.

29(2) If the permit has not been actively prosecuted
30within two years of the effective date of the regulation or

1the period specified by a municipal ordinance, whichever is
2less, the former permitholder shall be required to acquire a
3new permit.

4(3) Where construction of a building or structure
5commenced before the effective date of the regulations for a
6subsequent Uniform Construction Code or International Fuel
7Gas Code issued under this act and a permit was not required
8at that time, construction may be completed without a permit.

9Section 3. Section 703 of the act, amended November 29, 2006
10(P.L.1440, No.157), is amended to read:

11Section 703. Education and training programs.

12(a) Fee.--Municipalities administering and enforcing this
13act under section 501(a) and third-party agencies providing
14services under section 501(e) shall assess a fee of $4 on each
15construction or building permit issued under the authority of
16this act. The fee shall be in addition to any other fee imposed
17for the permit.

18(b) [Training accounts] Accounts.--There is hereby
19established within the State Treasury [two] three restricted
20accounts which shall be known as the Municipal Code Official
21Training Account, the Review and Advisory Council Administration 
22Account and the Construction Contractor Training Account.

23(c) Deposit.--Moneys collected as authorized under
24subsection (a) shall be transmitted quarterly to the State
25Treasury and [shall be equally divided and deposited in the
26accounts established in subsection (b)] 37.5% of said moneys 
27shall be deposited in the Municipal Code Official Training 
28Account, 37.5% of said moneys shall be deposited in the 
29Construction Contractor Training Account and 25% shall be 
30deposited in the Review and Advisory Council Administration
 

1Account. Moneys so deposited are hereby equally appropriated on
2approval of the Governor to the Department of Community and
3Economic Development for the purpose of education and training
4programs provided by the Pennsylvania Construction Codes Academy
5for municipal code officials and individuals employed by third-
6party agencies under contract to a municipality and to a
7Pennsylvania-based housing research center located at a land
8grant university for the construction industry. To assure the
9programs meet the needs of the construction industry, the
10education, training and other activities provided by such a
11housing research center shall be approved by its industry
12advisory committee.

13(d) Review and Advisory Council Administration expenses.--
14Moneys collected as authorized under subsection (a) and
15deposited in the Review and Advisory Council Administration
16Account shall be transmitted quarterly to the Department of
17Labor and Industry for per diem and expenses of the Review and
18Advisory Council as authorized in section 107(l) and for
19technical assistance as provided for in section 107(k) and
20administrative assistance as determined necessary by the council
21and the department.

22Section 4. This act shall take effect in 60 days.