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12/14/2019 11:40 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20190&cosponId=26644
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House of Representatives
Session of 2019 - 2020 Regular Session

MEMORANDUM

Posted: December 3, 2018 03:38 PM
From: Representative Clint Owlett
To: All House members
Subject: Legislation to Amend the Pennsylvania Construction Code Act (Former House Bill 2622)
 
In the near future, I plan to introduce legislation (former HB 2622, 2017-18) that will amend the Pennsylvania Construction Code Act (Act 45 of 1999) to require that decisions rendered by a local Uniform Construction Code (UCC) Board of Appeals to be honored by any subsequent code administrators that might take jurisdiction over a construction project. My legislation is being introduced in response to a situation in my district where a building owner obtained several variances on a building project from a local UCC Board of Appeals and has had problems with subsequent code administrators honoring those variances.

Specifically, this building owner has been in process, for several years, of attempting to open a restaurant. The owner had code interpretation disputes with the local Third Party Agency and applied for variances from the local UCC Board of Appeals; several variances were granted by the Board. The municipality decided to “opt out” from UCC enforcement, and the Department of Labor & Industry assumed jurisdiction for commercial buildings in the municipality. The department’s UCC enforcement personnel are not legally required to accept the variance decisions previously rendered; and, as of this writing, there is ongoing discussion with the department about the applicability of the previously granted variances.

The problem my bill seeks to address is that the law is silent on the applicability of previously granted variances to interpretations of the code by a subsequent code administrator. I believe that a building owner who spends the time and money on obtaining a variance should not have that variance simply ignored by a future code administrator. I believe my legislation is reasonable and will ensure that future property owners do not experience the frustration that my constituents have suffered.

Thank you for your consideration.

Prior Co-sponsors: RAPP, PICKETT, COX, B. O'NEILL, RADER, ROTHMAN and ZIMMERMAN



Introduced as HB832