PRINTER'S NO. 1254
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1193
Session of
2021
INTRODUCED BY ECKER, APRIL 16, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, APRIL 16, 2021
AN ACT
Providing for requirements for sampling and initial curing of
concrete samples on commercial construction projects;
imposing duties on the Department of Labor and Industry; and
prescribing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Reliable
Acceptance Testing of Concrete Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"ACI." The American Concrete Institute.
"ASTM." ASTM International, formerly known as American
Society for Testing and Materials.
"Commercial construction project." The construction of a
building or repair, alteration, change of occupancy, addition to
or relocation of an existing building that is subject to the act
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of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania
Construction Code Act, PA-IBC and PA-IEBC. The term does not
include a construction project subject to the PA-IRC Building
Code for residential construction.
"Contractor." A person, firm or corporation with which an
owner enters into an agreement for the construction of a
commercial construction project.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Owner." A person, agent, operator, entity, firm or
corporation that has a legal or equitable interest in a
property.
"Owner's testing agency." A firm or entity under contract
with an owner to provide testing services for quality assurance
and compliance with the requirements of ASTM C1077.
"PA-IBC." Building Code of Pennsylvania.
"PA-IEBC." Existing Building Code of Pennsylvania.
"PA-IRC Building Code." Residential Code for One-and-Two
Family Dwellings of Pennsylvania.
Section 3. Sampling and initial curing of concrete samples.
(a) Required standards.--A contractor and owner's testing
agency shall provide for the casting of concrete test specimens
for the purpose of acceptance of concrete and for the initial
curing of concrete test specimens at a commercial construction
project site in compliance with this section.
(b) Duties of owner's testing agency.--An owner's testing
agency shall:
(1) Obtain samples of concrete in accordance with ASTM
C172 and cast test specimens in accordance with ASTM C31.
(2) Cure test specimens and monitor and report curing
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conditions for conformance with the requirements of ASTM C31
and as provided under this section.
(3) Provide a container for the storage of test
specimens at the project site that will facilitate compliance
with the storage and initial curing requirements of ASTM C31.
(4) Store the test specimens in the initial curing
container and maintain the required temperature and moisture
conditions during the initial curing period as defined in the
standard curing requirements of ASTM C31.
(5) Transport test specimens from the project site to
the testing location in accordance with the requirements of
ASTM C31.
(6) Maintain the test specimens at a laboratory in
accordance with the final curing section for standard curing
in the requirements of ASTM C31.
(7) Test the specimens for strength in accordance with
the requirements of ASTM C39.
(c) Duties of contractor.--A contractor shall provide 100v
power, water and space for the initial curing container for use
by an owner's testing agency, and security and timely access to
the storage location of the concrete test specimens.
(d) Initial curing of test specimens.--The initial curing of
concrete test specimens shall be conducted as follows:
(1) The initial curing environment surrounding test
specimens shall be monitored by a digital system that records
temperature at least every hour, within the range of 30
degrees Fahrenheit to 120 degrees Fahrenheit and to an
accuracy of 1 degree Fahrenheit, and provide software to
access the stored data.
(2) When requested, the output from the automated
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temperature measuring device shall be made available in real
time to the contractor, concrete supplier, concrete special
inspector, licensed design professional and building code
official. The output from the automated temperature device
shall be included in the concrete strength report issued by
the owner's testing agency.
(e) Technician requirements.--Sampling, casting of test
specimens and providing, maintaining and monitoring of initial
curing of concrete shall be conducted by a technician who holds
a current ACI Grade I Concrete Field Testing Technician
certification.
(f) Final curing and testing of specimens.--Final curing and
testing of concrete specimens for strength shall be conducted in
accordance with the requirements of ASTM C31 and ASTM C39 by a
technician who holds a current ACI Concrete Strength Testing
Technician certification.
Section 4. Enforcement.
The department shall enforce the provisions of this act.
Section 5. Penalties.
A person who violates this act shall be subject to the
following:
(1) For a first violation, a warning issued by the
department.
(2) For a second violation, an administrative fine of
$500.
(3) For a third violation, an administrative fine of
$1,000 and inclusion on a list of violators posted on the
department's publicly accessible Internet website for a
period of one year.
(4) For a fourth and subsequent violation, an
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administrative fine of $2,000 and inclusion on a list of
violators posted on the department's publicly accessible
Internet website for a period of one year for each violation.
Section 6. Effective date.
This act shall take effect in 60 days.
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