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 1. Section 107(b), (b.1), (c), (f), (j) and (l) of
16the act of November 10, 1999 (P.L.491, No.45), known as the
17Pennsylvania Construction Code Act, amended or added October 9,
182008 (P.L.1386, No.106) and April 25, 2011 (P.L.1, No.1), are
19amended to read:

1Section 107. Uniform Construction Code Review and Advisory
2Council.

3* * *

<-4(b) Duties.--The council shall do the following:

5(1) Gather information from municipal officers, building
6code officials, construction code officials, licensed design
7professionals, builders and property owners concerning issues
8with the Uniform Construction Code raised by council members
9or changes proposed by members of the General Assembly.

10(2) Evaluate the information compiled under paragraph
11(1) and make recommendations to the following:

12(i) The Governor.

13(ii) The Secretary of Labor and Industry.

14(iii) The members of any legislative committee
15considering amendments to this act.

16(iv) The President pro tempore of the Senate.

17(v) The Speaker of the House of Representatives.

18(vi) The Code Development Councils of the
19International Code Council.

20(3) With the exception of the provisions of Chapter 11
21and Appendix E of the International Building Code of 2009, or
22its successor codes, or any other accessibility requirements
23which shall be specified in the regulations contained in or
24referenced by the Uniform Construction Code relating to
25persons with physical disabilities, review the [latest
26triennial code revisions issued by the International Code
27Council, beginning with the 2012 codes,] provisions revised 
28in published International Code Council updates subsequent to 
29the latest Pennsylvania Uniform Construction Code adoption,
30as provided under subsection (b.1).

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

2(1) Beginning with the <-[2012 ICC codes, the council
3shall review the latest triennial code revisions upon
4official publication of the codes.<-] 2015 ICC codes, the 
5council shall review the latest triennial code revisions upon 
6official publication of the codes, as well as code revisions 
7in the 2012 triennial publication of the codes that were not 
8previously adopted by the council for inclusion in the 
9Uniform Construction Code.

10(2) During the review process, the council shall hold at
11least three public hearings. One of the public hearings shall
12be held in Harrisburg, one shall be held in the eastern
13region of this Commonwealth and one shall be held in the
14western region of this Commonwealth.

15(3) The council shall submit a report to the secretary
16within the [12-month<-] 24-month period following official
17publication of the latest triennial code revisions under
18paragraph (1) with provisions of the codes that are specified
19for [adoption] rejection.[<-.] and which provisions are 
20specified for modification. Modification shall be limited to 
21the subject matter of the provisions of the latest triennial 
22code revisions and shall be consistent with the intent and 
23purposes of this act. The provisions of the codes that are
24specified for [adoption] rejection shall be separately
25designated in the report.

26(4) The council shall examine triennial code revisions 
<-27and modifications by applying all of the following criteria:

28(i) The impact that the provision may have upon the
29health, safety and welfare of the public.

30(ii) The economic and financial impact of the

1provision.

2(iii) The technical feasibility of the provision.

<-3(iv) The requirement that the provision, if modified
4by the council, must meet or exceed the Uniform
5Construction Code provision currently in effect.

6(5) Only triennial code revisions <-and modifications that
7are [adopted<-] rejected by a two-thirds vote of council
8membership shall be included in the report required under
9paragraph (3).

10(6) The council <-shall may, as part of its review of the
112015 ICC codes, also re-review the 2012 codes.

12(c) Composition.--The council shall consist of the following
13members appointed by the Governor:

14(1) A general contractor from an association
15representing the residential construction industry who has
16recognized ability and experience in the construction of new
17residential buildings.

18(2) A general contractor from an association
19representing the nonresidential construction industry who has
20recognized ability and experience in the construction of
21nonresidential buildings.

22(3) A Uniform Construction Code-certified residential
23building inspector who possesses all five residential
24certifications from an association representing building code
25officials who has experience administering and enforcing
26residential codes.

27(4) A Uniform Construction Code-certified building
28inspector who possesses all nonresidential inspection
29certifications, but need not possess a fire inspector
30certification, or a certified plans examiner who also holds

1an accessibility certification from an association
2representing building code officials who has experience
3administering and enforcing nonresidential codes.

4(5) A Uniform Construction Code-certified fire inspector
5from an association representing building code officials.

6(6) A Uniform Construction Code-certified building code
7official from an association representing building code
8officials with building code official certification.

9(7) A residential contractor from an association
10representing contractors engaged in remodeling residential
11buildings who has recognized ability and experience in
12remodeling residential and nonresidential buildings.

13(8) A licensed architect from an association
14representing architects who has recognized ability and
15experience in the design and construction of nonresidential
16buildings.

17(9) A licensed architect from an association
18representing architects who has recognized ability and
19experience in the design and construction of residential
20buildings.

21(10) A licensed structural engineer from an association
22representing professional engineers who has recognized
23ability and experience in the design and construction of
24buildings.

25(11) A licensed mechanical engineer specializing in HVAC
26systems from an association representing professional
27engineers who has recognized ability and experience in the
28design and construction of buildings.

29(12) A licensed mechanical engineer specializing in
30plumbing and fire protection from an association representing

1professional engineers who has recognized ability and
2experience in the design and construction of buildings.

3(13) A licensed electrical engineer from an association
4representing professional engineers who has recognized
5ability and experience in the design and construction of
6buildings.

7(14) An elected official of a township of the second
8class who has recognized ability and experience in
9construction of buildings.

10(15) An elected borough official who has recognized
11ability and experience in construction of buildings.

12(16) An elected official of a third class city who has
13recognized ability and experience in the construction of
14buildings.

15(17) An individual from an association representing
16manufactured housing who shall be knowledgeable, licensed or
17certified to sell and install manufactured housing.

18(18) An official of a city of the first class who has
19recognized ability and experience in the administration and
20enforcement of this act.

21(19) An individual from an association representing only
22modular housing manufacturers who is knowledgeable, licensed
23or certified under the act of May 11, 1972 (P.L.286, No.70),
24known as the Industrialized Housing Act, to manufacture and
25sell modular homes in Pennsylvania.

<-26(20) A professor of engineering with a concentration or
27specialty in building energy efficiency.

28(21) An architect specializing in building energy
29efficiency.

<-30(20) An architect or engineer specializing in building
 

1energy efficiency.

2At least one of the inspectors appointed to the council shall be
3a municipal employee, and at least one inspector shall be a
4third-party private sector inspector.

5* * *

<-6(f) Terms.--A member of the council shall serve terms of
7[two] three years and until his successor is appointed beginning
8July 1, 2008, except the initial term of members appointed under
9subsection (c)(1), (3), (4), (5), (8), (11), (13) and (14) shall
10be for three years and until their successor is appointed.

11* * *

12(j) Administrative support.--The department shall provide a
13facility for council meetings under this act, stenographic
14services and required notice of the council's meetings. The
15department [may] shall provide staff support to assist the 
16council in its duties required by subsection (b.1)(4) and in
17drafting any reports required under this act.

18* * *

19(l) Compensation and expenses.--Members of the council shall
20not receive a salary [or per diem allowance for their service] 
21but shall be entitled to <-$60 per diem and reasonable travel, 
22hotel and other necessary expenses incurred in performing their 
23duties.

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

26Section 304. Revised or successor codes.

27(a) Duties of department.--

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

1the department shall promulgate final-omitted regulations
2under the act of June 25, 1982 (P.L.633, No.181), known as
3the Regulatory Review Act, to adopt the triennial code
4revisions <-and modifications made in the report without
5change.

6(2) Regulations promulgated under this subsection are
7exempt from:

8(i) section 205 of the act of July 31, 1968
9(P.L.769, No.240), referred to as the Commonwealth
10Documents Law; and

11(ii) sections 204(b) and 301(10) of the act of
12October 15, 1980 (P.L.950, No.164), known as the
13Commonwealth Attorneys Act.

14(3) Notwithstanding paragraphs (1) and (2), the
15department shall promulgate regulations updating
16accessibility standards under Chapter 3 by adopting Chapter
1711 and Appendix E of the International Building Code of 2012,
18or its successor, by December 31 of the year of issuance of
19the new code.

20(a.1) Continuity.--If a triennial revision is not adopted
21under section 107(b.1)(5), the relevant provisions of the prior
22version of the codes shall remain in effect.

23(c) Prior permits and construction.--

24(1) A construction permit issued under valid
25construction regulations prior to the effective date of
26regulations for a subsequent Uniform Construction Code or
27International Fuel Gas Code issued under this act shall
28remain valid, and the construction of any building or
29structure may be completed pursuant to and in accordance with
30the permit.

1(2) If the permit has not been actively prosecuted
2within two years of the effective date of the regulation or
3the period specified by a municipal ordinance, whichever is
4less, the former permitholder shall be required to acquire a
5new permit.

6(3) Where construction of a building or structure
7commenced before the effective date of the regulations for a
8subsequent Uniform Construction Code or International Fuel
9Gas Code issued under this act and a permit was not required
10at that time, construction may be completed without a permit.

11Section 3. Section 703 of the act, amended November 29, 2006
12(P.L.1440, No.157), is amended to read:

13Section 703. Education and training programs.

14(a) Fee.--Municipalities administering and enforcing this
15act under section 501(a) and third-party agencies providing
16services under section 501(e) shall assess a fee of [$4<-] $5 on
17each construction or building permit issued under the authority
18of this act. The fee shall be in addition to any other fee
19imposed for the permit.

20(b) [Training accounts] Accounts.--There is hereby
21established within the State Treasury [two] three restricted
22accounts which shall be known as the Municipal Code Official
23Training Account, the Review and Advisory Council Administration 
24Account and the Construction Contractor Training Account.

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

1Construction Contractor Training Account and 25% shall be 
2deposited in the Review and Advisory Council Administration 
3Account. Moneys so deposited are hereby equally appropriated on 
<- 4accounts established in subsection (b)[.] as follows:

5(1) forty percent of the moneys shall be deposited in
6the Municipal Code Official Training Account;

7(2) forty percent of the moneys shall be deposited in
8the Construction Contractor Training Account; and

9(3) twenty percent of the moneys shall be deposited in
10the Review and Advisory Council Administration Account.

11Moneys so deposited are hereby equally appropriated on approval
12of the Governor to the Department of Community and Economic
13Development for the purpose of education and training programs
14provided by the Pennsylvania Construction Codes Academy for
15municipal code officials and individuals employed by third-party
16agencies under contract to a municipality and to a Pennsylvania-
17based housing research center located at a land grant university
18for the construction industry. To assure the programs meet the
19needs of the construction industry, the education, training and
20other activities provided by such a housing research center
21shall be approved by its industry advisory committee.

22(d) Review and Advisory Council Administration expenses.--
23Moneys collected as authorized under subsection (a) and
24deposited in the Review and Advisory Council Administration
25Account shall be transmitted quarterly to the Department of
26Labor and Industry for <-per diem and expenses of the Review and
27Advisory Council as authorized in section 107(l) and for
28technical assistance as provided for in section 107(k) and
29administrative assistance as determined necessary by the council
30and the department.

1Section 4. This act shall take effect in 60 days.