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Pennsylvania House of Representatives
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House Co-Sponsorship Memoranda

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House of Representatives
Session of 2013 - 2014 Regular Session


Posted: March 19, 2013 11:26 AM
From: Representative Kate Harper
To: All House members
Subject: Cosponsorship of Legislation to Amend Pennsylvania Construction Code Act
Please find attached a copy of legislation I plan to introduce in the near future to amend the Pennsylvania Construction Code Act (Act 45 of 1999) to clarify the law with respect to the composition of municipal Uniform Construction Code (UCC) boards of appeal. My legislation deletes the reference in current law to the appeal boards being established in accordance with the “1999 BOCA code”, and replaces this with a requirement that such boards be established pursuant to regulations promulgated by the Department of Labor & Industry.
It is important to note that Section 501(c) (1) of the act requires that municipalities establish a UCC Board of Appeals to hear appeals of code administrator decisions. The act requires that the board be established in accordance with “Chapter One of the 1999 BOCA Code”; Chapter One of the 1999 BOCA Code requires that such boards consist of 5 members. The implementing administrative regulations for the UCC technically conflict with the law’s requirement in that Title 34 Chapter 403 .121 establishes board requirements, but sets no minimum or maximum number that must be on board. Thus, the current regulations conflict with the law.
It is also important to note that UCC stakeholders are happy with the board composition requirements of the regulations. Most municipalities have boards that consist of three members because of the difficulty in finding 5 qualified persons to serve. In fact, the UCC Review and Advisory Council reviewed my proposed bill on February 28th and voted unanimously to support it as a needed technical correction to the law.
I believe this legislation addresses a needed technical correction to the law which is supported by all stakeholders. Please join me in co-sponsoring this important piece of legislation.

View Attachment

Introduced as HB1253