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), (b.1), (c), (f), (j) and (l) of 
11the act of November 10, 1999 (P.L.491, No.45), known as the 
12Pennsylvania Construction Code Act, amended or added October 9, 
132008 (P.L.1386, No.106) and April 25, 2011 (P.L.1, No.1), are 
14amended to read:

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

17* * *

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

19(1) Gather information from municipal officers, building
20code officials, construction code officials, licensed design

1professionals, builders and property owners concerning issues
2with the Uniform Construction Code raised by council members
3or changes proposed by members of the General Assembly.

4(2) Evaluate the information compiled under paragraph
5(1) and make recommendations to the following:

6(i) The Governor.

7(ii) The Secretary of Labor and Industry.

8(iii) The members of any legislative committee
9considering amendments to this act.

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

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

12(vi) The Code Development Councils of the
13International Code Council.

14(3) With the exception of the provisions of Chapter 11
15and Appendix E of the International Building Code of 2009, or
16its successor codes, or any other accessibility requirements
17which shall be specified in the regulations contained in or
18referenced by the Uniform Construction Code relating to
19persons with physical disabilities, review the [latest
20triennial code revisions issued by the International Code
21Council, beginning with the 2012 codes,] provisions revised 
22in published International Code Council updates subsequent to 
23the latest Pennsylvania Uniform Construction Code adoption,
24as provided under subsection (b.1).

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

26(1) Beginning with the [2012 ICC codes, the council
27shall review the latest triennial code revisions upon
28official publication of the codes.] 2015 ICC codes, the 
29council shall review the latest triennial code revisions upon 
30official publication of the codes, as well as code revisions
 

1in the 2012 triennial publication of the codes that were not 
2previously adopted by the council for inclusion in the 
3Uniform Construction Code.

4(2) During the review process, the council shall hold at
5least three public hearings. One of the public hearings shall
6be held in Harrisburg, one shall be held in the eastern
7region of this Commonwealth and one shall be held in the
8western region of this Commonwealth.

9(3) The council shall submit a report to the secretary
10within the [12-month] 24-month period following official
11publication of the latest triennial code revisions under
12paragraph (1) with provisions of the codes that are specified
13for adoption[.] and which provisions are specified for 
14modification. Modification shall be limited to the subject 
15matter of the provisions of the latest triennial code 
16revisions and shall be consistent with the intent and 
17purposes of this act. The provisions of the codes that are
18specified for [adoption] rejection shall be separately
19designated in the report.

20(4) The council shall examine triennial code revisions 
21and modifications by applying all of the following criteria:

22(i) The impact that the provision may have upon the
23health, safety and welfare of the public.

24(ii) The economic and financial impact of the
25provision.

26(iii) The technical feasibility of the provision.

27(iv) The requirement that the provision, if modified
28by the council, must meet or exceed the Uniform
29Construction Code provision currently in effect.

30(5) Only triennial code revisions and modifications that

1are adopted by a two-thirds vote of council membership shall
2be included in the report required under paragraph (3).

<-3(6) The council may, as part of its review of the 2015
4ICC codes, also re-review the 2012 codes.

5(c) Composition.--The council shall consist of the following
6members appointed by the Governor:

7(1) A general contractor from an association
8representing the residential construction industry who has
9recognized ability and experience in the construction of new
10residential buildings.

11(2) A general contractor from an association
12representing the nonresidential construction industry who has
13recognized ability and experience in the construction of
14nonresidential buildings.

15(3) A Uniform Construction Code-certified residential
16building inspector who possesses all five residential
17certifications from an association representing building code
18officials who has experience administering and enforcing
19residential codes.

20(4) A Uniform Construction Code-certified building
21inspector who possesses all nonresidential inspection
22certifications, but need not possess a fire inspector
23certification, or a certified plans examiner who also holds
24an accessibility certification from an association
25representing building code officials who has experience
26administering and enforcing nonresidential codes.

27(5) A Uniform Construction Code-certified fire inspector
28from an association representing building code officials.

29(6) A Uniform Construction Code-certified building code
30official from an association representing building code

1officials with building code official certification.

2(7) A residential contractor from an association
3representing contractors engaged in remodeling residential
4buildings who has recognized ability and experience in
5remodeling residential and nonresidential buildings.

6(8) A licensed architect from an association
7representing architects who has recognized ability and
8experience in the design and construction of nonresidential
9buildings.

10(9) A licensed architect from an association
11representing architects who has recognized ability and
12experience in the design and construction of residential
13buildings.

14(10) A licensed structural engineer from an association
15representing professional engineers who has recognized
16ability and experience in the design and construction of
17buildings.

18(11) A licensed mechanical engineer specializing in HVAC
19systems from an association representing professional
20engineers who has recognized ability and experience in the
21design and construction of buildings.

22(12) A licensed mechanical engineer specializing in
23plumbing and fire protection from an association representing
24professional engineers who has recognized ability and
25experience in the design and construction of buildings.

26(13) A licensed electrical engineer from an association
27representing professional engineers who has recognized
28ability and experience in the design and construction of
29buildings.

30(14) An elected official of a township of the second

1class who has recognized ability and experience in
2construction of buildings.

3(15) An elected borough official who has recognized
4ability and experience in construction of buildings.

5(16) An elected official of a third class city who has
6recognized ability and experience in the construction of
7buildings.

8(17) An individual from an association representing
9manufactured housing who shall be knowledgeable, licensed or
10certified to sell and install manufactured housing.

11(18) An official of a city of the first class who has
12recognized ability and experience in the administration and
13enforcement of this act.

14(19) An individual from an association representing only
15modular housing manufacturers who is knowledgeable, licensed
16or certified under the act of May 11, 1972 (P.L.286, No.70),
17known as the Industrialized Housing Act, to manufacture and
18sell modular homes in Pennsylvania.

19(20) An architect or engineer specializing in building 
20energy efficiency.

21At least one of the inspectors appointed to the council shall be
22a municipal employee, and at least one inspector shall be a
23third-party private sector inspector.

24* * *

25(f) Terms.--A member of the council shall serve terms of
26[two] three years and until his successor is appointed beginning
27July 1, 2008, except the initial term of members appointed under
28subsection (c)(1), (3), (4), (5), (8), (11), (13) and (14) shall
29be for three years and until their successor is appointed.

30* * *

1(j) Administrative support.--The department shall provide a
2facility for council meetings under this act, stenographic
3services and required notice of the council's meetings. The
4department [may] shall provide staff support to assist the 
5council in its duties required by subsection (b.1)(4) and in
6drafting any reports required under this act.

7* * *

8(l) Compensation and expenses.--Members of the council shall
9not receive a salary [or per diem allowance for their service] 
10but shall be entitled to reasonable travel, hotel and other 
11necessary expenses incurred in performing their duties.

12Section 2. Section 304 of the act, amended April 5, 2011
13(P.L.1, No.1), is amended to read:

14Section 304. Revised or successor codes.

15(a) Duties of department.--

16(1) Subject to sections 105(c) and (d), 301(a)(3), (4),
17(5), (6) and (7), (c) and (d) and 302, within [three] 12
18months of the receipt of the report under section 107(b.1),
19the department shall promulgate final-omitted regulations
20under the act of June 25, 1982 (P.L.633, No.181), known as
21the Regulatory Review Act, to adopt the triennial code
22revisions and modifications made in the report without
23change.

24(2) Regulations promulgated under this subsection are
25exempt from:

26(i) section 205 of the act of July 31, 1968
27(P.L.769, No.240), referred to as the Commonwealth
28Documents Law; and

29(ii) sections 204(b) and 301(10) of the act of
30October 15, 1980 (P.L.950, No.164), known as the

1Commonwealth Attorneys Act.

2(3) Notwithstanding paragraphs (1) and (2), the
3department shall promulgate regulations updating
4accessibility standards under Chapter 3 by adopting Chapter
511 and Appendix E of the International Building Code of 2012,
6or its successor, by December 31 of the year of issuance of
7the new code.

8(a.1) Continuity.--If a triennial revision is not adopted
9under section 107(b.1)(5), the relevant provisions of the prior
10version of the codes shall remain in effect.

11(c) Prior permits and construction.--

12(1) A construction permit issued under valid
13construction regulations prior to the effective date of
14regulations for a subsequent Uniform Construction Code or
15International Fuel Gas Code issued under this act shall
16remain valid, and the construction of any building or
17structure may be completed pursuant to and in accordance with
18the permit.

19(2) If the permit has not been actively prosecuted
20within two years of the effective date of the regulation or
21the period specified by a municipal ordinance, whichever is
22less, the former permitholder shall be required to acquire a
23new permit.

24(3) Where construction of a building or structure
25commenced before the effective date of the regulations for a
26subsequent Uniform Construction Code or International Fuel
27Gas Code issued under this act and a permit was not required
28at that time, construction may be completed without a permit.

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

1Section 703. Education and training programs.

2(a) Fee.--Municipalities administering and enforcing this
3act under section 501(a) and third-party agencies providing
4services under section 501(e) shall assess a fee of [$4] $5 on
5each construction or building permit issued under the authority
6of this act. The fee shall be in addition to any other fee
7imposed for the permit.

8(b) [Training accounts] Accounts.--There is hereby
9established within the State Treasury [two] three restricted
10accounts which shall be known as the Municipal Code Official
11Training Account, the Review and Advisory Council Administration 
12Account and the Construction Contractor Training Account.

13(c) Deposit.--Moneys collected as authorized under
14subsection (a) shall be transmitted quarterly to the State
15Treasury and shall be [equally] divided and deposited in the
16accounts established in subsection (b)[.] as follows:

17(1) forty percent of the moneys shall be deposited in
18the Municipal Code Official Training Account;

19(2) forty percent of the moneys shall be deposited in
20the Construction Contractor Training Account; and

21(3) twenty percent of the moneys shall be deposited in
22the Review and Advisory Council Administration Account.

23Moneys so deposited are hereby equally appropriated on approval
24of the Governor to the Department of Community and Economic
25Development for the purpose of education and training programs
26provided by the Pennsylvania Construction Codes Academy for
27municipal code officials and individuals employed by third-party
28agencies under contract to a municipality and to a Pennsylvania-
29based housing research center located at a land grant university
30for the construction industry. To assure the programs meet the

1needs of the construction industry, the education, training and
2other activities provided by such a housing research center
3shall be approved by its industry advisory committee.

4(d) Review and Advisory Council Administration expenses.--
5Moneys collected as authorized under subsection (a) and
6deposited in the Review and Advisory Council Administration
7Account shall be transmitted quarterly to the Department of
8Labor and Industry for expenses of the Review and Advisory
9Council as authorized in section 107(l) and for technical
10assistance as provided for in section 107(k) and administrative
11assistance as determined necessary by the council and the
12department.

13Section 4. This act shall take effect in 60 days.