SENATE AMENDED
PRIOR PRINTER'S NOS. 1004, 3321, 4512, PRINTER'S NO. 4636
4520
No. 881 Session of 2005
INTRODUCED BY ALLEN, GOODMAN, TIGUE, CALTAGIRONE, CAWLEY,
CREIGHTON, DALLY, FAIRCHILD, GINGRICH, GOOD, HALUSKA, HARRIS,
M. KELLER, LEH, McGILL, MUNDY, PHILLIPS, PICKETT, REICHLEY,
SATHER, SCAVELLO, SEMMEL, SHANER, STERN, E. Z. TAYLOR, BOYD,
DeLUCA AND EACHUS, MARCH 14, 2005
SENATOR GORDNER, LABOR AND INDUSTRY, IN SENATE, AS AMENDED,
SEPTEMBER 26, 2006
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(a), (a.1), (b) and (c) of the act of
12 November 10, 1999 (P.L.491, No.45), known as the Pennsylvania
13 Construction Code Act, amended February 19, 2004 (P.L.141,
14 No.13), and July 15, 2004 (P.L.748, No.92), are amended and the
15 section is amended by adding a subsection to read:
16 Section 501. Administration and enforcement.
17 (a) Adoption of ordinance.--
18 (1) In order to administer and enforce the provisions of
1 this act, municipalities shall enact an ordinance
2 concurrently adopting the current Uniform Construction Code
3 as their municipal building code and the current
4 International Fuel Gas Code for the purposes described in
5 section 102. Municipalities may adopt the Uniform
6 Construction Code and incorporated codes and the
7 International Fuel Gas Code by reference.
8 (2) Municipalities shall have 90 days after the
9 promulgation of regulations under section 301 [or 304] to
10 adopt such an ordinance. Municipalities shall notify the
11 department of the adoption of such an ordinance within 30
12 days. A municipality may adopt such an ordinance at any time
13 thereafter, upon giving the department 180 days' notice of
14 its intention to adopt such ordinance.
15 (a.1) Counties of the second class.--Notwithstanding the
16 provisions of subsection (a), a municipality located within a
17 county of the second class shall not administer and enforce
18 plumbing code provisions of an ordinance adopting the Uniform
19 Construction Code and incorporated codes for the purposes of
20 section [302(a)] 102. A county of the second class that has
21 adopted a plumbing code and accompanying rules and regulations
22 pursuant to the act of August 24, 1951 (P.L.1304, No.315), known
23 as the Local Health Administration Law, shall retain the
24 authority to promulgate and enforce such plumbing code and to
25 make such changes as it deems necessary, provided that such
26 changes meet the minimum requirements as defined in the Uniform
27 Construction Code.
28 (b) Municipal administration and enforcement.--This act may
29 be administered and enforced by municipalities in any of the
30 following ways:
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1 (1) By the designation of an employee to serve as the
2 municipal code official to act on behalf of the municipality
3 for administration and enforcement of this act.
4 (2) By the retention of one or more construction code
5 officials or third-party agencies to act on behalf of the
6 municipality for administration and enforcement of this act.
7 (3) Two or more municipalities may provide for the joint
8 administration and enforcement of this act through an
9 intermunicipal agreement under 53 Pa.C.S. Ch. 23 Subch. A
10 (relating to intergovernmental cooperation).
11 (4) By entering into a contract with the proper
12 authorities of another municipality for the administration
13 and enforcement of this act. When such a contract has been
14 entered into, the municipal code official shall have all the
15 powers and authority conferred by law in the municipality
16 which has contracted to secure such services.
17 (5) By entering into an agreement with the department
18 for plan reviews, inspections and enforcement of structures
19 other than one-family or two-family dwelling units and
20 utility and miscellaneous use structures.
21 (c) Board of appeals.--
22 (1) A municipality which has adopted an ordinance for
23 the administration and enforcement of this act or
24 municipalities which are parties to an agreement for the
25 joint administration and enforcement of this act shall
26 establish a board of appeals as provided by Chapter 1 of the
27 1999 BOCA National Building Code, Fourteenth Edition, to hear
28 appeals from decisions of the code administrator. Members of
29 the municipality's governing body may not serve as members of
30 the board of appeals.
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1 (2) An application for appeal shall be based on a claim
2 that the true intent of this act or regulations legally
3 adopted under this act have been incorrectly interpreted, the
4 provisions of this act do not fully apply or an equivalent
5 form of construction is to be used.
6 (3) When a municipality cannot find persons to serve on
7 a board of appeals who meet the minimum qualifications of
8 Chapter 1 of the BOCA National Building Code, the
9 municipality may fill a position on the board with a
10 qualified person who resides outside of the municipality.
11 (4) The fee for an appeal to the Board of Appeals for a
12 municipality that is administering and enforcing this act
13 shall not exceed actual costs of the public notice of the
14 hearing, appearance fee for the court reporter and
15 administrative fees as necessary.
16 (5) In the case of an appeal or request for variance or
17 extension of time involving the construction of a one-family
18 or two-family residential building, the board of appeals
19 shall convene a hearing within 30 days of the appeal. The
20 Board of Appeals shall render a written decision to the
21 parties within five business days of the last hearing. If the
22 board of appeals fails to act within the time period under
23 this paragraph, the appeal shall be deemed granted.
24 * * *
25 (h) Interpretation of Uniform Construction Code.--In
26 interpreting a provision of a code adopted by regulation of the
27 department as part of the Uniform Construction Code, a
28 construction code official, a board of appeal and a court may <--
29 SHALL consider and may rely upon relevant written <--
30 interpretations of the ICC or any organization whose referenced <--
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1 standard is listed in the International Building Code or
2 International Residential Code or their successor codes, or any
3 related codes, or the UNIFORM CONSTRUCTION CODE, OR THE <--
4 regulations promulgated under this act or any municipal
5 construction code ordinance.
6 Section 2. Section 502 of the act is amended to read:
7 Section 502. Consideration of applications and inspections.
8 (a) Applications for [construction] permits and
9 inspections.--
10 (1) Every application for a construction permit for one-
11 family and two-family dwelling units and utility and
12 miscellaneous use structures shall be granted or denied, in
13 whole or in part, within 15 business days of the filing
14 date[.] or, if the drawings have been prepared by a licensed <--
15 architect DESIGN PROFESSIONALS WHO ARE LICENSED, REGISTERED <--
16 OR CERTIFIED UNDER THE LAWS AND REGULATIONS OF THIS
17 COMMONWEALTH and the application contains a certification by
18 the architect LICENSED, REGISTERED OR CERTIFIED DESIGN <--
19 PROFESSIONAL that the plans meet the applicable standards of
20 the Uniform Construction Code and ordinance as appropriate,
21 within five business days of the filing date. Every
22 application for a certificate of occupancy for one-family and
23 two-family dwelling units and miscellaneous use structures
24 shall be acted upon GRANTED OR DENIED, IN WHOLE OR IN PART, <--
25 within five business days after receipt of a final inspection
26 report indicates compliance with the Uniform Construction
27 Code and ordinance as appropriate. All other construction
28 permits shall be granted or denied, in whole or in part,
29 within 30 business days of the filing date. Municipalities
30 may establish different time limits to consider applications
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1 for construction permits in historic districts. A code
2 administrator shall review a construction plan of a building
3 permit application upon submission and shall issue a notice
4 of construction plan approval on a building permit
5 application within the periods set forth in this section if
6 the construction plans comply with the Construction Code Act
7 and any other applicable municipal construction code
8 ordinance. The municipality shall also provide a list of all
9 other required permits necessary prior to issuance of the
10 building permit. The municipality will not be liable for the
11 completeness of any list. When a construction plan has been
12 approved a code administrator shall issue a building permit
13 immediately upon receipt of all other required permits or
14 approvals related to the construction. All revisions or
15 changes to construction plans so approved under this
16 subsection shall necessitate an additional plan review prior
17 to the issuing of the building permit.
18 (2) If an application is denied in whole or in part, the
19 code administrator shall set forth the reasons in writing[.],
20 identifying the elements of the application which are not in
21 compliance with the relevant provisions of the Uniform
22 Construction Code and ordinance as appropriate and providing
23 a citation to the relevant provisions of the Uniform
24 Construction Code and ordinance as appropriate.
25 (2.1) Inspections shall be completed on one-family and
26 two-family dwellings no more than five business days after a
27 request for inspection by the permit holder or the holder's
28 agent. If a code administrator fails to complete the
29 requested inspection within the time period stated in this
30 paragraph, the permit holder or his agent shall be provided
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1 by the municipality or its designee under section 501(b)(3)
2 or (4) an approved list of no fewer than three WHICH SHALL BE <--
3 MADE AVAILABLE TO THE PUBLIC FOR INSPECTION OF NO FEWER THAN
4 THREE construction code officials or third party agencies who
5 are certified to provide required inspections and provide
6 reasonable service within the area. The inspection must be
7 performed by a construction code official or third party
8 agency on that list. If the municipality or its designee does
9 not provide a permit holder or his agent with a list of five <--
10 THREE construction code officials or third party agencies the <--
11 permit holder or his agent may hire a construction code
12 official or third party agency to perform the inspection,
13 which shall be accepted by the municipality or its designee.
14 If the code administrator fails to complete the requested
15 inspection within the time period stated in this paragraph,
16 the municipality or third party agency shall return to the
17 permit holder or his agent that portion of the permit fee
18 that had been paid for that inspection. If the permit holder
19 or his agent is not ready when the scheduled inspection is to
20 take place, the time period is waived and the permit holder
21 or his agent shall reschedule the inspection. Upon completion
22 of an inspection, the inspector shall provide a written
23 inspection report either indicating that the inspector has
24 approved or disapproved inspected work and, if the inspector
25 has disapproved inspected work, setting forth the reasons for
26 disapproval by providing a citation to the relevant
27 provisions of the Uniform Construction Code and ordinance as
28 appropriate or other law relied upon.
29 (3) If the code administrator fails to act on an
30 application for a construction permit for one-family and two-
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1 family dwelling units and utility and miscellaneous use
2 structures within the time prescribed, the application shall
3 be deemed approved. The time limits established in this
4 section for permit applications other than one-family and
5 two-family dwellings may be extended upon agreement in
6 writing between the applicant and the municipality for a
7 specific number of additional days.
8 (A.1) EXCEPTIONS.--A PERMIT IS NOT REQUIRED FOR THE <--
9 INSTALLATION, ALTERATION OR REPAIR OF GENERATION, TRANSMISSION,
10 DISTRIBUTION, METERING OR OTHER RELATED FACILITIES AND/OR
11 EQUIPMENT.
12 (b) Highway occupancy permit.--
13 (1) No building permit shall be issued for any property
14 which will require access to a highway under the jurisdiction
15 of the Department of Transportation unless the permit
16 contains a notice that a highway occupancy permit is required
17 pursuant to section 420 of the act of June 1, 1945 (P.L.1242,
18 No.428), known as the State Highway Law, before driveway
19 access to a State highway is permitted.
20 (2) The Department of Transportation shall, within 60
21 days of the date of receipt of an application for a highway
22 occupancy permit:
23 (i) approve the permit;
24 (ii) deny the permit;
25 (iii) return the application for additional
26 information or correction to conform with regulations of
27 the Department of Transportation; or
28 (iv) determine that no permit is required, in which
29 case the Department of Transportation shall notify the
30 municipality and applicant in writing.
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1 (3) (i) If the Department of Transportation fails to
2 take any action within the 60-day period, the permit
3 shall be deemed to be issued. The permit shall be marked
4 to indicate that access to the State highway shall be
5 only as authorized by a highway occupancy permit.
6 (ii) Notwithstanding the provisions of subparagraph
7 (i), if the highway occupancy permit requires a
8 determination by the United States Department of
9 Transportation, the Pennsylvania Department of
10 Transportation shall have 60 days from the receipt of the
11 determination to take action on the permit or the permit
12 shall be deemed to be issued.
13 (4) (i) Neither the Department of Transportation nor
14 any municipality to which permit-issuing authority has
15 been delegated under section 420 of the State Highway Law
16 shall be liable in damages for any injury to persons or
17 property arising out of the issuance or denial of a
18 driveway permit or for failure to regulate any driveway.
19 (ii) The municipality from which the building permit
20 approval has been requested shall not be held liable for
21 damages to persons or property arising out of the
22 issuance or denial of a driveway permit by the Department
23 of Transportation.
24 (c) Financial interest prohibited.--A code administrator
25 shall not review or approve any plans for or construction of any
26 building or structure in which the code administrator has any
27 financial interest.
28 Section 3. Section 503(c), (e), (F) and (j) of the act, <--
29 amended July 15, 2004 (P.L.748, No.92), are amended to read:
30 Section 503. Changes in Uniform Construction Code.
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1 * * *
2 (c) Modification of minimum requirement.--Subject to the
3 provisions of this act, the municipal governing body may propose
4 and enact an ordinance to equal or exceed the minimum
5 requirements of the Uniform Construction Code under the law
6 governing the adoption of ordinances in that jurisdiction. An
7 ordinance under this subsection shall not be effective nor
8 enforceable unless subsections (d), (e), (f), (g), (h) and (i)
9 have been satisfied. Municipalities may enact ordinances
10 pursuant to this section which adopt additional code
11 requirements for alterations or repairs to residential
12 buildings. Municipalities may enact ordinances pursuant to this
13 section which adopt stricter code requirements than required by
14 this act for the regulation of utility and miscellaneous use
15 structures.
16 * * *
17 (e) Notice of public hearing.--The municipality shall place
18 notice in a newspaper of general circulation in the municipality
19 and provide notice to the department at least seven days, but
20 not more than 60 days, in advance of a public hearing to
21 consider the proposed ordinance. The notice shall contain the
22 time and place of the hearing and a summary of the changes
23 proposed by the ordinance.
24 (F) FILING OF PROPOSED NOTICE AND ORDINANCE WITH <--
25 DEPARTMENT.--THE MUNICIPALITY SHALL PROVIDE NOTICE AND FILE A
26 COPY OF THE PROPOSED ORDINANCE WITH THE DEPARTMENT AT LEAST 30
27 DAYS PRIOR TO PUBLIC HEARING. THE NOTICE SHALL CONTAIN THE TIME
28 AND PLACE OF THE PUBLIC HEARING AND A SUMMARY OF THE CHANGES
29 PROPOSED BY THE ORDINANCE, INCLUDING CODE SECTIONS AFFECTED BY
30 THE CHANGES. THE DEPARTMENT SHALL MAKE PROPOSED ORDINANCES
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1 AVAILABLE FOR PUBLIC INSPECTION AND SHALL POST THE NOTICE ON ITS
2 INTERNET WEBSITE WITHIN SEVEN 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.] and shall serve a copy
8 of the challenge upon the municipality. The challenge shall
9 state the reason or reasons for the challenge. A municipal
10 ordinance may not take effect for a period of 35 days
11 following its enactment. If a challenge is filed in writing
12 with the department within 30 days, the department has five
13 business days from the end of the 30-day filing period to
14 notify a municipality of the challenge. There may be no
15 enforcement of the ordinance until a ruling is issued by the
16 secretary or 45 days after the filing date of the last
17 challenge to the ordinance, whichever occurs first.
18 (2) The department shall review any ordinance which
19 would equal or exceed the minimum requirements of the Uniform
20 Construction Code based on the following standards:
21 (i) that certain clear and convincing local
22 climatic, geologic, topographic or public health and
23 safety circumstances or conditions justify the exception;
24 (ii) the exception shall be adequate for the purpose
25 intended and shall meet a standard of performance equal
26 to or greater than that prescribed by the Uniform
27 Construction Code;
28 (iii) the exception would not diminish or threaten
29 the health, safety and welfare of the public; and
30 (iv) the exception would not be inconsistent with
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1 the legislative findings and purpose described in section
2 102.
3 The department shall take into consideration, in rendering the
4 determination, the provision, code development process history,
5 purpose and intent of relevant provisions of the 1999 BOCA
6 National Building Code, Fourteenth Edition, ICC International
7 One and Two Family Dwelling Code, 1998 Edition, or their
8 successor codes.
9 * * *
10 Section 4. Section 504 of the act is amended to read:
11 Section 504. Appeals.
12 (a) Ruling of secretary.--An appeal of the secretary's
13 ruling may be taken to the appropriate court of common pleas
14 within 30 days of the date of the ruling.
15 (b) Application for enforcement of ordinance.--Any person
16 aggrieved by the application or enforcement of any provision of
17 an ordinance adopted pursuant to section 503 shall have the
18 right to challenge the validity of the ordinance in the
19 appropriate court of common pleas. In order to be aggrieved, a
20 person must have a direct, immediate and substantial interest in
21 the application or enforcement of the ordinance. The appropriate
22 court of common pleas shall determine the validity of the
23 ordinance.
24 Section 5. Section 703 of the act, added February 19, 2004
25 (P.L.141, No.13), is amended to read:
26 Section 703. Education and training [program] programs.
27 (a) Fee.--Municipalities administering and enforcing this
28 act under section 501(a) and third-party agencies providing
29 services under section 501(e) shall assess a fee of [$2] $4 on
30 each construction or building permit issued under the authority
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1 of this act. The fee shall be in addition to any other fee
2 imposed for the permit.
3 (b) [Municipal Code Official Training Account] Training
4 Accounts.--There is hereby established within the State Treasury
5 [a] two restricted [account] accounts which shall be known as
6 the Municipal Code Official Training Account and the
7 Construction Contractor Training Account.
8 (c) Deposit.--Moneys collected as authorized under
9 subsection (a) shall be transmitted quarterly to the State
10 Treasury and shall be equally divided and deposited in the
11 [account] accounts established in subsection (b). Moneys so
12 deposited are hereby equally appropriated on approval of the
13 Governor to the Department of Community and Economic Development
14 for the purpose of education and training programs provided by
15 the Pennsylvania Construction Codes Academy for municipal code
16 officials and individuals employed by third-party agencies under
17 contract to a municipality and to the Pennsylvania Housing <--
18 Research Center for construction contractors. [.] A <--
19 PENNSYLVANIA-BASED HOUSING RESEARCH CENTER, LOCATED AT A LAND
20 GRANT UNIVERSITY FOR THE CONSTRUCTION INDUSTRY. TO ASSURE THE
21 PROGRAMS MEET THE NEEDS OF THE CONSTRUCTION INDUSTRY, THE
22 EDUCATION, TRAINING AND OTHER ACTIVITIES PROVIDED BY SUCH A
23 HOUSING RESEARCH CENTER SHALL BE APPROVED BY ITS INDUSTRY
24 ADVISORY COMMITTEE.
25 Section 6. This act shall take effect April 1, 2006, or <--
26 immediately, whichever is later. JANUARY 1, 2007. <--
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