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House of Representatives
Session of 2017 - 2018 Regular Session


Posted: January 13, 2017 09:28 AM
From: Representative Kate Harper
To: All House members
Subject: Changing the UCC Board of Appeals
I plan to reintroduce in the near future legislation 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.

Municipalities are required to establish a UCC Board of Appeals to hear appeals of code administrator decisions. Currently 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 which states that such boards consist of 5 members with very specific technical backgrounds. The administrative regulations for the UCC technically conflict with the law’s requirement for a 5 member board because Title 34 Chapter 403 .121 which establishes the board requirements sets no minimum or maximum number that must be on the 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 28, 2014 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. This legislation was introduced as House Bill 93 last session. Please join me in co-sponsoring this important piece of legislation.

Introduced as HB266