PRINTER'S NO. 2483
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2138
Session of
2021
INTRODUCED BY ISAACSON, NEILSON, FREEMAN, HOHENSTEIN, DELLOSO,
T. DAVIS AND SANCHEZ, DECEMBER 7, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, DECEMBER 7, 2021
AN ACT
Amending the act of November 10, 1999 (P.L.491, No.45), entitled
"An act establishing a uniform construction code; imposing
powers and duties on municipalities and the Department of
Labor and Industry; providing for enforcement; imposing
penalties; and making repeals," providing for deconstruction
standards; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of November 10, 1999 (P.L.491, No.45),
known as the Pennsylvania Construction Code Act, is amended by
adding a chapter to read:
CHAPTER 8
DECONSTRUCTION STANDARDS
Section 801. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Certified deconstruction contractor." As follows:
(1) A contractor that:
(i) has successfully completed a deconstruction
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certification program conducted by the department; and
(ii) appears on a list of certified deconstruction
contractors posted on the publicly accessible Internet
website of the department.
(2) A firm or other entity shall be considered a
certified deconstruction contractor if at least one
individual currently employed by the firm or other entity is
certified.
"Deconstruction." The systematic dismantling of a structure,
or portion of a structure, to maximize the salvage of materials
for reuse, in preference over salvaging materials for recycling,
energy recovery or sending the materials to a landfill.
"Primary dwelling structure." As follows:
(1) A residential building containing at least one but
not more than four dwelling units based on current permitted
occupancy at the time of the demolition permit application.
(2) The term does not include an accessory building such
as a garage or shed.
"Recycling." As follows:
(1) The processing of waste materials into new products
or material feed stock for products.
(2) Materials that can be recycled include, but are not
limited to, concrete, metal piping and asphalt roofing
shingles.
"Responsible party." Any of the following:
(1) An owner or person in control of a primary dwelling
structure.
(2) An authorized agent of the owner or person described
in paragraph (1).
"Reuse." As follows:
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(1) The use of a product or material that was previously
installed for the same or similar function to extend its life
cycle.
(2) Materials salvageable for reuse include, but are not
limited to, cabinets, doors, windows, hardware, fixtures,
flooring, siding and framing lumber.
Section 802. Deconstruction assessment.
Each primary dwelling structure in this Commonwealth that was
erected in 1929 or earlier, as indicated by municipal building
records or, if no municipal building records exist, according to
records of the county recorder of deeds in the county where the
primary dwelling structure is located, and that meets the
criteria established in this chapter shall undergo a
deconstruction assessment prior to the demolition, renovation or
other construction regarding the primary dwelling structure.
Section 803. Deconstruction requirements.
A primary dwelling structure shall be deconstructed in
accordance with the provisions of this section and associated
rules and regulations. The following apply:
(1) Salvaged material may be sold, donated or reused on-
site or off-site.
(2) Each deconstruction project must achieve a
documented 85% landfill diversion rate by weight and produce
one salvaged item for every 500 square meters of design
unless otherwise approved by the municipal code official in
writing for the particular structure, based on economic or
practical infeasibility as determined by the municipal code
official after consideration and inspection.
(3) Deconstruction under this chapter shall be performed
only by a certified deconstruction professional certified and
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designated by the department under section 804.
Section 804. Powers and duties of department.
(a) Mandatory actions.--The department shall:
(1) Administer the provisions of this chapter.
(2) Adopt rules, procedures and forms to implement the
provisions of this chapter.
(3) Post the rules, procedures and forms to implement
this chapter on the publicly accessible Internet website of
the department.
(4) With respect to deconstruction certification
training:
(i) Develop and conduct a deconstruction
certification training program, which must include
educational standards and requirements, to teach
deconstruction method and practice principles generally
recognized in the deconstruction industry.
(ii) Develop forms to be used by a contractor to
apply for the deconstruction certification training
program.
(iii) After review of a contractor's qualifications
and proof of successful completion of the deconstruction
certification training program:
(A) Designate the contractor as a certified
deconstruction contractor.
(B) Post the name of the contractor on the list
of certified deconstruction contractors in this
Commonwealth on the publicly accessible Internet
website of the department.
(5) Maintain and update the list, or a link to the list,
of certified deconstruction contractors in this Commonwealth
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on the publicly accessible Internet website of the
department.
(b) Discretionary actions.--The department may permit labor
unions, working in conjunction with the department, to develop
and conduct deconstruction training programs that meet the
standards established by the department in accordance with
subsection (a)(4)(i). A contractor that successfully completes a
department-approved labor union training program shall receive
certification from the department, in which case subsection (a)
(4)(iii)(A) shall apply.
Section 805. Demolition permit application.
An application for a demolition permit under this chapter for
a primary dwelling structure shall not be considered complete
unless it is accompanied by a completed predeconstruction form
provided by the municipal code official, including a list of
targeted salvageable materials and final destinations, or by a
municipal code official-approved exemption issued under section
810.
Section 806. Assessments to determine deconstruction or
demolition.
A municipal code official for the municipality in which the
subject primary dwelling structure is located shall perform an
assessment of primary dwelling structure and determine if the
primary dwelling structure shall undergo deconstruction rather
than demolition. The assessment:
(1) Shall apply to all demolition, renovation or other
construction projects.
(2) May include input from the municipal government in
which the primary dwelling structure is located and any
relevant historical commission or organization in the
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municipality or county in which the primary dwelling
structure is located.
Section 807. Participation of certified deconstruction
contractors.
Regarding the need for a certified deconstruction contractor
during deconstruction:
(1) Deconstruction may only be performed by a certified
deconstruction contractor.
(2) At least one certified employee of the contractor
shall be present on the job site when activities related to
deconstruction are underway.
Section 808. Heavy machinery.
(a) Permissible use.--Heavy machinery may be used in
deconstruction to assist in the salvage of materials for reuse
or to remove material not required to be salvaged for reuse.
(b) Prohibited use.--Heavy machinery may not be used in
deconstruction to remove or dismantle components of buildings in
ways that render building components unsuitable for salvage.
(c) Definition.--For purposes of this section, the term
"heavy machinery" includes, but is not limited to, track hoes,
excavators, skid steer loaders and forklifts.
Section 809. Documentation.
(a) Receipts.--A deconstruction permit holder shall maintain
receipts for donation, sale, recycling and disposal of all
materials for a deconstruction project.
(b) Photographs.--Materials that are intended for reuse on
site, or that are disposed of during a deconstruction project
and for which no receipt for disposal is obtainable, shall be
documented with photographs.
(c) Inspection.--A municipal code official for a
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municipality may at any time request that a deconstruction
permit holder working in the municipality produce the receipts
or photographs specified in this section.
Section 810. Exemptions.
(a) Exempted circumstances.--The following are exempt from
the requirements of this chapter:
(1) The moving of a building.
(2) A primary building structure that the municipal code
official has determined unsuitable for deconstruction if
either of the following are true:
(i) The structure is structurally unsafe or is
otherwise hazardous to the health, safety or welfare of
the public and too unsafe or hazardous for
deconstruction.
(ii) Most or a substantial portion of the material
in the structure is nor suitable for reuse.
(b) Request for exemption.--A municipal code official shall
make the final determination of exemption based on evidence
submitted by the applicant and an inspection to confirm
conditions and unsuitability. A demolition permit may not be
issued until the final determination is made on the exemption
request.
Section 811. Enforcement and penalties.
(a) Amount of civil penalties.--A person that violates this
chapter shall be subject to the following penalties, which shall
be enforced by and payable to the municipality in which the
violation occurred:
(1) For a first violation, a civil penalty of up to
$1,000.
(2) For a second violation, a civil penalty of up to
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$2,000.
(3) For a third or subsequent violation, a civil penalty
of up to $3,000.
(b) Frequency of civil penalties.--Civil penalties under
subsection (a) may be imposed on a per month, per day or per
incident basis as determined by the municipality.
(c) Heavy machinery penalties.--Improper use of heavy
machinery in violation of this chapter shall be subject to a
penalty of up to $20,000 and shall be enforced and payable to
the municipality in which the violation occurred.
(d) Additional enforcement actions for certified
deconstruction contractors.--The department may impose the
following additional penalties on a certified deconstruction
contractor:
(1) For a first violation of this chapter, the removal
from the list of certified deconstruction contractors for up
to six months.
(2) For a second violation of this chapter, the removal
from the list of certified deconstruction contractors for up
to 12 months.
(3) For a third or subsequent violation of this chapter,
the removal from the list of certified deconstruction
contractors for an indefinite period. The contractor may not
apply for reinstatement to the list of certified
deconstruction contractors for a period of at least 18
months.
(4) If a deconstruction contractor falsely advertises or
otherwise falsely portrays the deconstruction contractor as a
certified deconstruction contractor, a fine of up to $10,000
per occurrence.
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Section 812. Stop work orders.
When necessary to obtain compliance with this chapter, a
municipal code official may issue a stop work order requiring
that all work, except work directly related to elimination of
the violation, be immediately and completely stopped. The
following apply:
(1) If the municipal code official issues a stop work
order, activity subject to the order may not be resumed until
the municipal code official gives specific approval in
writing.
(2) As follows:
(i) Subject to subparagraph (ii), the stop work
order shall be in writing and posted at a conspicuous
location at the worksite.
(ii) When an emergency condition exists, the stop
work order may be issued orally, followed by a written
stop work order as soon as practicable.
(3) A person may not remove, obscure, mutilate or
otherwise damage a stop work order.
Section 813. Inspections.
(a) Authorization.--A municipal code official may conduct
inspections whenever:
(1) it is necessary to determine compliance with this
chapter or enforce any provision of this chapter; or
(2) the municipal code official has reasonable cause to
believe there exists a violation of this chapter.
(b) Credentials.--If a responsible party is at the worksite
when an inspection is occurring, the municipal code official
conducting the inspection shall present proper credentials to
the responsible party and request entry.
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Section 2. This act shall take effect in 60 days.
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