PRIOR PRINTER'S NO. 1004 PRINTER'S NO. 3321
No. 881 Session of 2005
INTRODUCED BY ALLEN, GOODMAN, TIGUE, CALTAGIRONE, CAWLEY,
CREIGHTON, DALLY, FAIRCHILD, GINGRICH, GOOD, HALUSKA, HARRIS,
M. KELLER, LEH, McGILL, MUNDY, PETRARCA, PHILLIPS, PICKETT,
PRESTON, REICHLEY, SATHER, SCAVELLO, SEMMEL, SHANER, STERN,
E. Z. TAYLOR, CAUSER, BOYD, DeLUCA AND EACHUS, MARCH 14, 2005
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 14, 2005
AN ACT
1 Amending the act of November 10, 1999 (P.L.491, No.45), entitled
2 "An act establishing a uniform construction code; imposing
3 powers and duties on municipalities and the Department of
4 Labor and Industry; providing for enforcement; imposing
5 penalties; and making repeals," further providing for
6 administration and enforcement, FOR APPLICATIONS AND <--
7 INSPECTIONS, FOR CHANGES IN UNIFORM CONSTRUCTION CODE, FOR
8 APPEALS AND FOR EDUCATION AND TRAINING PROGRAM.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 501 of the act of November 10, 1999 <--
12 (P.L.491, No.45), known as the Pennsylvania Construction Code
13 Act, is amended by adding a subsection to read:
14 Section 501. Administration and enforcement.
15 * * *
16 (h) Fee limitation.--A fee charged by a municipality or a
17 third-party agency for plan review and inspection services of
18 nonresidential buildings may not be more than 150% of a fee
19 charged by the department under section 301(d)(2) for comparable
1 actions.
2 Section 2. This act shall take effect in 60 days.
3 SECTION 1. SECTION 501(A), (A.1), (B) AND (C) OF THE ACT OF <--
4 NOVEMBER 10, 1999 (P.L.491, NO.45), KNOWN AS THE PENNSYLVANIA
5 CONSTRUCTION CODE ACT, AMENDED FEBRUARY 19, 2004 (P.L.141,
6 NO.13), AND JULY 15, 2004 (P.L.748, NO.92), ARE AMENDED AND THE
7 SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:
8 SECTION 501. ADMINISTRATION AND ENFORCEMENT.
9 (A) ADOPTION OF ORDINANCE.--
10 (1) IN ORDER TO ADMINISTER AND ENFORCE THE PROVISIONS OF
11 THIS ACT, MUNICIPALITIES SHALL ENACT AN ORDINANCE
12 CONCURRENTLY ADOPTING THE CURRENT UNIFORM CONSTRUCTION CODE
13 AS THEIR MUNICIPAL BUILDING CODE AND THE CURRENT
14 INTERNATIONAL FUEL GAS CODE FOR THE PURPOSES DESCRIBED IN
15 SECTION 102. MUNICIPALITIES MAY ADOPT THE UNIFORM
16 CONSTRUCTION CODE AND INCORPORATED CODES AND THE
17 INTERNATIONAL FUEL GAS CODE BY REFERENCE.
18 (2) MUNICIPALITIES SHALL HAVE 90 DAYS AFTER THE
19 PROMULGATION OF REGULATIONS UNDER SECTION 301 [OR 304] TO
20 ADOPT SUCH AN ORDINANCE. MUNICIPALITIES SHALL NOTIFY THE
21 DEPARTMENT OF THE ADOPTION OF SUCH AN ORDINANCE WITHIN 30
22 DAYS. A MUNICIPALITY MAY ADOPT SUCH AN ORDINANCE AT ANY TIME
23 THEREAFTER, UPON GIVING THE DEPARTMENT 180 DAYS' NOTICE OF
24 ITS INTENTION TO ADOPT SUCH ORDINANCE.
25 (A.1) COUNTIES OF THE SECOND CLASS.--NOTWITHSTANDING THE
26 PROVISIONS OF SUBSECTION (A), A MUNICIPALITY LOCATED WITHIN A
27 COUNTY OF THE SECOND CLASS SHALL NOT ADMINISTER AND ENFORCE
28 PLUMBING CODE PROVISIONS OF AN ORDINANCE ADOPTING THE UNIFORM
29 CONSTRUCTION CODE AND INCORPORATED CODES FOR THE PURPOSES OF
30 SECTION [302(A)] 102. A COUNTY OF THE SECOND CLASS THAT HAS
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1 ADOPTED A PLUMBING CODE AND ACCOMPANYING RULES AND REGULATIONS
2 PURSUANT TO THE ACT OF AUGUST 24, 1951 (P.L.1304, NO.315), KNOWN
3 AS THE LOCAL HEALTH ADMINISTRATION LAW, SHALL RETAIN THE
4 AUTHORITY TO PROMULGATE AND ENFORCE SUCH PLUMBING CODE AND TO
5 MAKE SUCH CHANGES AS IT DEEMS NECESSARY, PROVIDED THAT SUCH
6 CHANGES MEET THE MINIMUM REQUIREMENTS AS DEFINED IN THE UNIFORM
7 CONSTRUCTION CODE.
8 (B) MUNICIPAL ADMINISTRATION AND ENFORCEMENT.--[THIS]
9 SUBJECT TO SUBSECTION (D), THIS ACT MAY BE ADMINISTERED AND
10 ENFORCED BY MUNICIPALITIES IN ANY OF THE FOLLOWING WAYS:
11 (1) BY THE DESIGNATION OF AN EMPLOYEE TO SERVE AS THE
12 MUNICIPAL CODE OFFICIAL TO ACT ON BEHALF OF THE MUNICIPALITY
13 FOR ADMINISTRATION AND ENFORCEMENT OF THIS ACT.
14 (2) BY THE RETENTION OF ONE OR MORE CONSTRUCTION CODE
15 OFFICIALS OR THIRD-PARTY AGENCIES TO ACT ON BEHALF OF THE
16 MUNICIPALITY FOR ADMINISTRATION AND ENFORCEMENT OF THIS ACT.
17 (3) TWO OR MORE MUNICIPALITIES MAY PROVIDE FOR THE JOINT
18 ADMINISTRATION AND ENFORCEMENT OF THIS ACT THROUGH AN
19 INTERMUNICIPAL AGREEMENT UNDER 53 PA.C.S. CH. 23 SUBCH. A
20 (RELATING TO INTERGOVERNMENTAL COOPERATION).
21 (4) BY ENTERING INTO A CONTRACT WITH THE PROPER
22 AUTHORITIES OF ANOTHER MUNICIPALITY FOR THE ADMINISTRATION
23 AND ENFORCEMENT OF THIS ACT. WHEN SUCH A CONTRACT HAS BEEN
24 ENTERED INTO, THE MUNICIPAL CODE OFFICIAL SHALL HAVE ALL THE
25 POWERS AND AUTHORITY CONFERRED BY LAW IN THE MUNICIPALITY
26 WHICH HAS CONTRACTED TO SECURE SUCH SERVICES.
27 (5) BY ENTERING INTO AN AGREEMENT WITH THE DEPARTMENT
28 FOR PLAN REVIEWS, INSPECTIONS AND ENFORCEMENT OF STRUCTURES
29 OTHER THAN ONE-FAMILY OR TWO-FAMILY DWELLING UNITS AND
30 UTILITY AND MISCELLANEOUS USE STRUCTURES.
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1 (B.1) PREPARATION OF CONSTRUCTION DOCUMENTS.--A MUNICIPALITY
2 MAY NOT REQUIRE THAT ANY CONSTRUCTION DOCUMENT BE PREPARED BY AN
3 ARCHITECT OR OTHER LICENSED DESIGN PROFESSIONAL UNLESS THE WORK
4 IS REQUIRED TO BE PERFORMED BY AN ARCHITECT OR OTHER LICENSED
5 PROFESSIONAL BY THE ACT OF DECEMBER 14, 1982 (P.L.1227, NO.281),
6 KNOWN AS THE ARCHITECTS LICENSURE LAW, OR ANOTHER APPLICABLE
7 STATUTE.
8 (C) BOARD OF APPEALS.--
9 (1) A MUNICIPALITY WHICH HAS ADOPTED AN ORDINANCE FOR
10 THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT OR
11 MUNICIPALITIES WHICH ARE PARTIES TO AN AGREEMENT FOR THE
12 JOINT ADMINISTRATION AND ENFORCEMENT OF THIS ACT SHALL
13 ESTABLISH A BOARD OF APPEALS AS PROVIDED BY CHAPTER 1 OF THE
14 1999 BOCA NATIONAL BUILDING CODE, FOURTEENTH EDITION, TO HEAR
15 APPEALS FROM DECISIONS OF THE CODE ADMINISTRATOR. MEMBERS OF
16 THE MUNICIPALITY'S GOVERNING BODY MAY NOT SERVE AS MEMBERS OF
17 THE BOARD OF APPEALS.
18 (2) AN APPLICATION FOR APPEAL SHALL BE BASED ON A CLAIM
19 THAT THE TRUE INTENT OF THIS ACT OR REGULATIONS LEGALLY
20 ADOPTED UNDER THIS ACT HAVE BEEN INCORRECTLY INTERPRETED, THE
21 PROVISIONS OF THIS ACT DO NOT FULLY APPLY OR AN EQUIVALENT
22 FORM OF CONSTRUCTION IS TO BE USED.
23 (3) WHEN A MUNICIPALITY CANNOT FIND PERSONS TO SERVE ON
24 A BOARD OF APPEALS WHO MEET THE MINIMUM QUALIFICATIONS OF
25 CHAPTER 1 OF THE BOCA NATIONAL BUILDING CODE, THE
26 MUNICIPALITY MAY FILL A POSITION ON THE BOARD WITH A
27 QUALIFIED PERSON WHO RESIDES OUTSIDE OF THE MUNICIPALITY.
28 (4) THERE SHALL BE NO FEE FOR AN APPEAL TO THE BOARD OF
29 APPEALS.
30 (5) IN THE CASE OF AN APPEAL OR REQUEST FOR VARIANCE OR
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1 EXTENSION OF TIME INVOLVING THE CONSTRUCTION OF A ONE-FAMILY
2 OR TWO-FAMILY RESIDENTIAL BUILDING, THE BOARD OF APPEALS
3 SHALL HOLD A HEARING AND ISSUE A DECISION WITHIN TEN BUSINESS
4 DAYS AFTER THE APPEAL OR REQUEST IS FILED WITH THE BOARD OF
5 APPEALS, UNLESS THE PERMIT HOLDER OR THE HOLDER'S AGENT AGREE
6 IN WRITING TO AN EXTENSION. IF THE BOARD OF APPEALS FAILS TO
7 ACT WITHIN THE TIME PERIOD UNDER THIS PARAGRAPH, THE APPEAL
8 SHALL BE DEEMED GRANTED.
9 * * *
10 (H) INTERPRETATION OF UNIFORM CONSTRUCTION CODE.--IN
11 INTERPRETING A PROVISION OF A CODE ADOPTED BY REGULATION OF THE
12 DEPARTMENT AS PART OF THE UNIFORM CONSTRUCTION CODE, A
13 CONSTRUCTION CODE OFFICIAL, A BOARD OF APPEAL AND A COURT SHALL
14 CONSIDER AND RELY UPON RELEVANT WRITTEN INTERPRETATIONS OF THE
15 TECHNICAL STAFF OR COMMITTEES OF THE ICC OR OF ANY OTHER
16 ORGANIZATION THE CODES OF WHICH ARE APPLICABLE UNDER THIS ACT,
17 REGULATIONS OF THE DEPARTMENT OR THE UNIFORM CONSTRUCTION CODE.
18 SECTION 2. SECTION 502 OF THE ACT IS AMENDED TO READ:
19 SECTION 502. CONSIDERATION OF APPLICATIONS AND INSPECTIONS.
20 (A) APPLICATIONS FOR [CONSTRUCTION] PERMITS AND
21 INSPECTIONS.--
22 (1) EVERY APPLICATION FOR A CONSTRUCTION PERMIT FOR ONE-
23 FAMILY AND TWO-FAMILY DWELLING UNITS AND UTILITY AND
24 MISCELLANEOUS USE STRUCTURES SHALL BE GRANTED OR DENIED, IN
25 WHOLE OR IN PART, WITHIN 15 BUSINESS DAYS OF THE FILING
26 DATE[.] OR, IF THE APPLICATION CONTAINS A CERTIFICATION BY A
27 LICENSED ARCHITECT THAT THE PLANS MEET THE APPLICABLE
28 STANDARDS OF THE UNIFORM CONSTRUCTION CODE, WITHIN THREE
29 BUSINESS DAYS OF THE FILING DATE. EVERY APPLICATION FOR A
30 CERTIFICATE OF OCCUPANCY FOR ONE-FAMILY AND TWO-FAMILY
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1 DWELLING UNITS AND MISCELLANEOUS USE STRUCTURES SHALL BE
2 GRANTED OR DENIED, IN WHOLE OR IN PART, WITHIN FIVE BUSINESS
3 DAYS AFTER A FINAL INSPECTION INDICATES COMPLIANCE WITH THE
4 UNIFORM CONSTRUCTION CODE. ALL OTHER CONSTRUCTION PERMITS
5 SHALL BE GRANTED OR DENIED, IN WHOLE OR IN PART, WITHIN 30
6 BUSINESS DAYS OF THE FILING DATE. MUNICIPALITIES MAY
7 ESTABLISH DIFFERENT TIME LIMITS TO CONSIDER APPLICATIONS FOR
8 CONSTRUCTION PERMITS IN HISTORIC DISTRICTS. A MUNICIPALITY
9 MAY NOT DENY OR DELAY CONSIDERATION OF AN APPLICATION FOR A
10 BUILDING PERMIT BASED ON THE FAILURE OF THE APPLICANT TO
11 PROVIDE PERMITS REQUIRED BY OTHER MUNICIPAL ORDINANCES. A
12 MUNICIPALITY MAY ISSUE A CONSTRUCTION PLAN APPROVAL ON A
13 BUILDING PERMIT APPLICATION WITHIN THE PERIODS SET FORTH IN
14 THIS SECTION ADVISING THAT THE CONSTRUCTION PLANS COMPLY WITH
15 THE UNIFORM CONSTRUCTION CODE AND THAT A BUILDING PERMIT WILL
16 BE ISSUED IMMEDIATELY UPON SUBMISSION OF OTHER PERMITS OR
17 APPROVALS RELATED TO THE CONSTRUCTION WHICH ARE OTHERWISE
18 REQUIRED BY MUNICIPAL ORDINANCES AND WHICH ARE SPECIFICALLY
19 STATED IN THE CONSTRUCTION PLAN APPROVAL.
20 (2) IF AN APPLICATION IS DENIED IN WHOLE OR IN PART, THE
21 CODE ADMINISTRATOR SHALL SET FORTH THE REASONS IN WRITING[.],
22 IDENTIFYING THE ELEMENTS OF THE APPLICATION WHICH ARE NOT IN
23 COMPLIANCE WITH THE RELEVANT PROVISIONS OF THE UNIFORM
24 CONSTRUCTION CODE AND PROVIDING A CITATION TO THE RELEVANT
25 PROVISIONS OF THE UNIFORM CONSTRUCTION CODE.
26 (2.1) INSPECTIONS SHALL BE COMPLETED ON ONE-FAMILY AND
27 TWO-FAMILY DWELLINGS NO MORE THAN TWO BUSINESS DAYS AFTER A
28 REQUEST FOR INSPECTION BY THE PERMIT HOLDER OR THE HOLDER'S
29 AGENT. IF A CODE ADMINISTRATOR FAILS TO COMPLETE THE
30 REQUESTED INSPECTION WITHIN THE TIME PERIOD STATED IN THIS
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1 PARAGRAPH, A CONSTRUCTION CODE OFFICIAL OR THIRD-PARTY AGENCY
2 MAY PERFORM THE INSPECTION, WHICH SHALL BE ACCEPTED BY THE
3 MUNICIPALITY. UPON COMPLETION OF AN INSPECTION, THE INSPECTOR
4 SHALL PROVIDE A WRITTEN INSPECTION REPORT EITHER INDICATING
5 THAT THE INSPECTOR HAS APPROVED OR DISAPPROVED INSPECTED WORK
6 AND, IF THE INSPECTOR HAS DISAPPROVED INSPECTED WORK, SETTING
7 FORTH THE REASONS FOR DISAPPROVAL, EXPLAINING THE VIOLATION
8 AND PROVIDING A CITATION TO THE RELEVANT PROVISIONS OF THE
9 UNIFORM CONSTRUCTION CODE OR OTHER LAW RELIED UPON.
10 (3) IF THE CODE ADMINISTRATOR FAILS TO ACT ON AN
11 APPLICATION FOR A CONSTRUCTION PERMIT OR ISSUE A CERTIFICATE
12 OF OCCUPANCY FOR ONE-FAMILY AND TWO-FAMILY DWELLING UNITS AND
13 UTILITY AND MISCELLANEOUS USE STRUCTURES WITHIN THE TIME
14 PRESCRIBED, THE APPLICATION SHALL BE DEEMED APPROVED; AND THE
15 PERMIT OR CERTIFICATE OF OCCUPANCY SHALL BE DEEMED TO HAVE
16 BEEN ISSUED. THE TIME LIMITS ESTABLISHED IN THIS SECTION FOR
17 PERMIT APPLICATIONS OTHER THAN ONE-FAMILY AND TWO-FAMILY
18 DWELLINGS MAY BE EXTENDED UPON AGREEMENT IN WRITING BETWEEN
19 THE APPLICANT AND THE MUNICIPALITY FOR A SPECIFIC NUMBER OF
20 ADDITIONAL DAYS.
21 (B) HIGHWAY OCCUPANCY PERMIT.--
22 (1) NO BUILDING PERMIT SHALL BE ISSUED FOR ANY PROPERTY
23 WHICH WILL REQUIRE ACCESS TO A HIGHWAY UNDER THE JURISDICTION
24 OF THE DEPARTMENT OF TRANSPORTATION UNLESS THE PERMIT
25 CONTAINS A NOTICE THAT A HIGHWAY OCCUPANCY PERMIT IS REQUIRED
26 PURSUANT TO SECTION 420 OF THE ACT OF JUNE 1, 1945 (P.L.1242,
27 NO.428), KNOWN AS THE STATE HIGHWAY LAW, BEFORE DRIVEWAY
28 ACCESS TO A STATE HIGHWAY IS PERMITTED.
29 (2) THE DEPARTMENT OF TRANSPORTATION SHALL, WITHIN 60
30 DAYS OF THE DATE OF RECEIPT OF AN APPLICATION FOR A HIGHWAY
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1 OCCUPANCY PERMIT:
2 (I) APPROVE THE PERMIT;
3 (II) DENY THE PERMIT;
4 (III) RETURN THE APPLICATION FOR ADDITIONAL
5 INFORMATION OR CORRECTION TO CONFORM WITH REGULATIONS OF
6 THE DEPARTMENT OF TRANSPORTATION; OR
7 (IV) DETERMINE THAT NO PERMIT IS REQUIRED, IN WHICH
8 CASE THE DEPARTMENT OF TRANSPORTATION SHALL NOTIFY THE
9 MUNICIPALITY AND APPLICANT IN WRITING.
10 (3) (I) IF THE DEPARTMENT OF TRANSPORTATION FAILS TO
11 TAKE ANY ACTION WITHIN THE 60-DAY PERIOD, THE PERMIT
12 SHALL BE DEEMED TO BE ISSUED. THE PERMIT SHALL BE MARKED
13 TO INDICATE THAT ACCESS TO THE STATE HIGHWAY SHALL BE
14 ONLY AS AUTHORIZED BY A HIGHWAY OCCUPANCY PERMIT.
15 (II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH
16 (I), IF THE HIGHWAY OCCUPANCY PERMIT REQUIRES A
17 DETERMINATION BY THE UNITED STATES DEPARTMENT OF
18 TRANSPORTATION, THE PENNSYLVANIA DEPARTMENT OF
19 TRANSPORTATION SHALL HAVE 60 DAYS FROM THE RECEIPT OF THE
20 DETERMINATION TO TAKE ACTION ON THE PERMIT OR THE PERMIT
21 SHALL BE DEEMED TO BE ISSUED.
22 (4) (I) NEITHER THE DEPARTMENT OF TRANSPORTATION NOR
23 ANY MUNICIPALITY TO WHICH PERMIT-ISSUING AUTHORITY HAS
24 BEEN DELEGATED UNDER SECTION 420 OF THE STATE HIGHWAY LAW
25 SHALL BE LIABLE IN DAMAGES FOR ANY INJURY TO PERSONS OR
26 PROPERTY ARISING OUT OF THE ISSUANCE OR DENIAL OF A
27 DRIVEWAY PERMIT OR FOR FAILURE TO REGULATE ANY DRIVEWAY.
28 (II) THE MUNICIPALITY FROM WHICH THE BUILDING PERMIT
29 APPROVAL HAS BEEN REQUESTED SHALL NOT BE HELD LIABLE FOR
30 DAMAGES TO PERSONS OR PROPERTY ARISING OUT OF THE
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1 ISSUANCE OR DENIAL OF A DRIVEWAY PERMIT BY THE DEPARTMENT
2 OF TRANSPORTATION.
3 (C) FINANCIAL INTEREST PROHIBITED.--A CODE ADMINISTRATOR
4 SHALL NOT REVIEW OR APPROVE ANY PLANS FOR OR CONSTRUCTION OF ANY
5 BUILDING OR STRUCTURE IN WHICH THE CODE ADMINISTRATOR HAS ANY
6 FINANCIAL INTEREST.
7 SECTION 3. SECTION 503(C), (E) AND (J) OF THE ACT, AMENDED
8 JULY 15, 2004 (P.L.748, NO.92), ARE AMENDED TO READ:
9 SECTION 503. CHANGES IN UNIFORM CONSTRUCTION CODE.
10 * * *
11 (C) MODIFICATION OF MINIMUM REQUIREMENT.--SUBJECT TO THE
12 PROVISIONS OF THIS ACT, THE MUNICIPAL GOVERNING BODY MAY PROPOSE
13 AND ENACT AN ORDINANCE TO EQUAL OR EXCEED THE MINIMUM
14 REQUIREMENTS OF THE UNIFORM CONSTRUCTION CODE UNDER THE LAW
15 GOVERNING THE ADOPTION OF ORDINANCES IN THAT JURISDICTION. AN
16 ORDINANCE UNDER THIS SUBSECTION SHALL NOT BE EFFECTIVE NOR
17 ENFORCEABLE UNLESS ALL THE PROVISIONS OF THIS SECTION HAVE BEEN
18 SATISFIED. MUNICIPALITIES MAY ENACT ORDINANCES PURSUANT TO THIS
19 SECTION WHICH ADOPT ADDITIONAL CODE REQUIREMENTS FOR ALTERATIONS
20 OR REPAIRS TO RESIDENTIAL BUILDINGS. MUNICIPALITIES MAY ENACT
21 ORDINANCES PURSUANT TO THIS SECTION WHICH ADOPT STRICTER CODE
22 REQUIREMENTS THAN REQUIRED BY THIS ACT FOR THE REGULATION OF
23 UTILITY AND MISCELLANEOUS USE STRUCTURES.
24 * * *
25 (E) NOTICE OF PUBLIC HEARING.--THE MUNICIPALITY SHALL PLACE
26 NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE MUNICIPALITY
27 AND PROVIDE NOTICE TO THE DEPARTMENT AT LEAST SEVEN DAYS, BUT
28 NOT MORE THAN 60 DAYS, IN ADVANCE OF A PUBLIC HEARING TO
29 CONSIDER THE PROPOSED ORDINANCE. THE NOTICE SHALL CONTAIN THE
30 TIME AND PLACE OF THE HEARING AND A SUMMARY OF THE CHANGES
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1 PROPOSED BY THE ORDINANCE. THE DEPARTMENT SHALL POST THE NOTICE
2 ON ITS INTERNET WEBSITE WITHIN TWO BUSINESS DAYS AFTER RECEIPT.
3 * * *
4 (J) CHALLENGE OF ORDINANCE.--
5 (1) AGGRIEVED PARTIES SHALL HAVE 30 DAYS FROM DATE OF
6 ENACTMENT OF THE ORDINANCE TO FILE A WRITTEN CHALLENGE WITH
7 THE DEPARTMENT [AND THE MUNICIPALITY]. A CHALLENGER SHALL
8 SERVE A COPY OF THE CHALLENGE UPON THE MUNICIPALITY. THE
9 CHALLENGE SHALL STATE THE REASON OR REASONS FOR THE
10 CHALLENGE. A MUNICIPAL ORDINANCE MAY NOT TAKE EFFECT FOR A
11 PERIOD OF 35 DAYS FOLLOWING ITS ENACTMENT. IF A CHALLENGE IS
12 FILED IN WRITING WITH THE DEPARTMENT WITHIN 30 DAYS, THE
13 DEPARTMENT HAS FIVE BUSINESS DAYS FROM THE END OF THE 30-DAY
14 FILING PERIOD TO NOTIFY A MUNICIPALITY OF THE CHALLENGE.
15 THERE MAY BE NO ENFORCEMENT OF THE ORDINANCE UNTIL A RULING
16 IS ISSUED BY THE SECRETARY [OR 45 DAYS AFTER THE FILING DATE
17 OF THE LAST CHALLENGE TO THE ORDINANCE, WHICHEVER OCCURS
18 FIRST].
19 (2) THE DEPARTMENT SHALL REVIEW ANY ORDINANCE WHICH
20 WOULD EQUAL OR EXCEED THE MINIMUM REQUIREMENTS OF THE UNIFORM
21 CONSTRUCTION CODE BASED ON THE FOLLOWING STANDARDS:
22 (I) THAT CERTAIN CLEAR AND CONVINCING LOCAL
23 CLIMATIC, GEOLOGIC, TOPOGRAPHIC OR PUBLIC HEALTH AND
24 SAFETY CIRCUMSTANCES OR CONDITIONS, WHICH CIRCUMSTANCES
25 OR CONDITIONS ARE NEITHER GENERAL NOR WIDESPREAD OUTSIDE
26 OF THE MUNICIPALITY, JUSTIFY THE EXCEPTION;
27 (II) THE EXCEPTION SHALL BE ADEQUATE FOR THE PURPOSE
28 INTENDED AND SHALL MEET A STANDARD OF PERFORMANCE EQUAL
29 TO OR GREATER THAN THAT PRESCRIBED BY THE UNIFORM
30 CONSTRUCTION CODE;
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1 (III) THE EXCEPTION WOULD NOT DIMINISH OR THREATEN
2 THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC; AND
3 (IV) THE EXCEPTION WOULD NOT BE INCONSISTENT WITH
4 THE LEGISLATIVE FINDINGS AND PURPOSE DESCRIBED IN SECTION
5 102.
6 THE DEPARTMENT SHALL TAKE INTO CONSIDERATION, IN RENDERING THE
7 DETERMINATION, THE PROVISION, CODE DEVELOPMENT PROCESS HISTORY,
8 PURPOSE AND INTENT OF RELEVANT PROVISIONS OF THE 1999 BOCA
9 NATIONAL BUILDING CODE, FOURTEENTH EDITION, ICC INTERNATIONAL
10 ONE AND TWO FAMILY DWELLING CODE, 1998 EDITION, OR THEIR
11 SUCCESSOR CODES.
12 * * *
13 SECTION 4. SECTION 504 OF THE ACT IS AMENDED TO READ:
14 SECTION 504. APPEALS.
15 (A) RULING OF SECRETARY.--AN APPEAL OF THE SECRETARY'S
16 RULING MAY BE TAKEN TO THE [APPROPRIATE COURT OF COMMON PLEAS]
17 COMMONWEALTH COURT WITHIN 30 DAYS OF THE DATE OF THE RULING.
18 (B) APPLICATION FOR ENFORCEMENT OF ORDINANCE.--ANY PERSON
19 AGGRIEVED BY THE APPLICATION OR ENFORCEMENT OF ANY PROVISION OF
20 AN ORDINANCE ADOPTED PURSUANT TO SECTION 503 SHALL HAVE THE
21 RIGHT TO CHALLENGE THE VALIDITY OF THE ORDINANCE [IN THE
22 APPROPRIATE COURT OF COMMON PLEAS] BY FILING A CHALLENGE WITH
23 THE DEPARTMENT. IN ORDER TO BE AGGRIEVED, A PERSON MUST HAVE A
24 DIRECT, IMMEDIATE AND SUBSTANTIAL INTEREST IN THE APPLICATION OR
25 ENFORCEMENT OF THE ORDINANCE. THE SECRETARY SHALL DETERMINE THE
26 VALIDITY OF THE ORDINANCE BY APPLYING THE STANDARDS OF REVIEW
27 SET FORTH IN SECTION 503(J)(2).
28 SECTION 5. SECTION 703 OF THE ACT, ADDED FEBRUARY 19, 2004
29 (P.L.141, NO.13), IS AMENDED TO READ:
30 SECTION 703. EDUCATION AND TRAINING [PROGRAM] PROGRAMS.
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1 (A) FEE.--MUNICIPALITIES ADMINISTERING AND ENFORCING THIS
2 ACT UNDER SECTION 501(A) AND THIRD-PARTY AGENCIES PROVIDING
3 SERVICES UNDER SECTION 501(E) SHALL ASSESS A FEE OF [$2] $4 ON
4 EACH CONSTRUCTION OR BUILDING PERMIT ISSUED UNDER THE AUTHORITY
5 OF THIS ACT. THE FEE SHALL BE IN ADDITION TO ANY OTHER FEE
6 IMPOSED FOR THE PERMIT.
7 (B) [MUNICIPAL CODE OFFICIAL TRAINING ACCOUNT] TRAINING
8 ACCOUNTS.--THERE IS HEREBY ESTABLISHED WITHIN THE STATE TREASURY
9 [A] TWO RESTRICTED [ACCOUNT] ACCOUNTS WHICH SHALL BE KNOWN AS
10 THE MUNICIPAL CODE OFFICIAL TRAINING ACCOUNT AND THE
11 CONSTRUCTION CONTRACTOR TRAINING ACCOUNT.
12 (C) DEPOSIT.--MONEYS COLLECTED AS AUTHORIZED UNDER
13 SUBSECTION (A) SHALL BE TRANSMITTED QUARTERLY TO THE STATE
14 TREASURY AND SHALL BE EQUALLY DIVIDED AND DEPOSITED IN THE
15 [ACCOUNT] ACCOUNTS ESTABLISHED IN SUBSECTION (B). MONEYS SO
16 DEPOSITED ARE HEREBY EQUALLY APPROPRIATED ON APPROVAL OF THE
17 GOVERNOR TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
18 FOR THE PURPOSE OF EDUCATION AND TRAINING PROGRAMS PROVIDED BY
19 THE PENNSYLVANIA CONSTRUCTION CODES ACADEMY FOR MUNICIPAL CODE
20 OFFICIALS AND INDIVIDUALS EMPLOYED BY THIRD-PARTY AGENCIES UNDER
21 CONTRACT TO A MUNICIPALITY AND TO THE PENNSYLVANIA HOUSING
22 RESEARCH CENTER FOR CONSTRUCTION CONTRACTORS.
23 SECTION 6. THIS ACT SHALL TAKE EFFECT APRIL 1, 2006.
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