SENATE AMENDED PRIOR PRINTER'S NOS. 1004, 3321, 4512, PRINTER'S NO. 4851 4520, 4636, 4711
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
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, OCTOBER 18, 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 DEFINING <-- 6 "AGRICULTURAL BUILDING"; further providing for administration 7 and enforcement, for applications and inspections, for 8 changes in Uniform Construction Code, for appeals and, for <-- 9 education and training program PROGRAMS AND FOR EXEMPTIONS. <-- 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 Section 1. Section 501(a), (a.1), (b) and (c) of the act of <-- 13 November 10, 1999 (P.L.491, No.45), known as the Pennsylvania 14 Construction Code Act, amended February 19, 2004 (P.L.141, 15 No.13), and July 15, 2004 (P.L.748, No.92), are amended and the 16 section is amended by adding a subsection to read: 17 SECTION 1. THE DEFINITION OF "AGRICULTURAL BUILDING" IN <-- 18 SECTION 103 OF THE ACT OF NOVEMBER 10, 1999 (P.L.491, NO.45), 19 KNOWN AS THE PENNSYLVANIA CONSTRUCTION CODE ACT, AMENDED JULY
1 15, 2004 (P.L.748, NO.92), IS AMENDED TO READ: 2 SECTION 103. DEFINITIONS. 3 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL 4 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 5 CONTEXT CLEARLY INDICATES OTHERWISE: 6 * * * 7 "AGRICULTURAL BUILDING." A STRUCTURE UTILIZED TO STORE FARM 8 IMPLEMENTS, HAY, FEED, GRAIN OR OTHER AGRICULTURAL OR 9 HORTICULTURAL PRODUCTS OR TO HOUSE POULTRY, LIVESTOCK OR OTHER 10 FARM ANIMALS [AND], A MILK HOUSE AND A STRUCTURE USED TO GROW 11 MUSHROOMS. THE TERM INCLUDES A CARRIAGE HOUSE OWNED AND USED BY 12 MEMBERS OF A RECOGNIZED RELIGIOUS SECT FOR THE PURPOSES OF 13 HOUSING HORSES AND STORING BUGGIES. THE TERM SHALL NOT INCLUDE 14 HABITABLE SPACE OR SPACES IN WHICH AGRICULTURAL PRODUCTS ARE 15 PROCESSED, TREATED OR PACKAGED AND SHALL NOT BE CONSTRUED TO 16 MEAN A PLACE OF OCCUPANCY BY THE GENERAL PUBLIC. 17 * * * 18 SECTION 2. SECTION 501(A), (A.1), (B) AND (C) OF THE ACT, 19 AMENDED OR ADDED FEBRUARY 19, 2004 (P.L.141, NO.13) AND JULY 15, 20 2004 (P.L.748, NO.92), ARE AMENDED AND THE SECTION IS AMENDED BY 21 ADDING A SUBSECTION TO READ: 22 Section 501. Administration and enforcement. 23 (a) Adoption of ordinance.-- 24 (1) In order to administer and enforce the provisions of 25 this act, municipalities shall enact an ordinance 26 concurrently adopting the current Uniform Construction Code 27 as their municipal building code and the current 28 International Fuel Gas Code for the purposes described in 29 section 102. Municipalities may adopt the Uniform 30 Construction Code and incorporated codes and the 20050H0881B4851 - 2 -
1 International Fuel Gas Code by reference. 2 (2) Municipalities shall have 90 days after the 3 promulgation of regulations under section 301 [or 304] to 4 adopt such an ordinance. Municipalities shall notify the 5 department of the adoption of such an ordinance within 30 6 days. A municipality may adopt such an ordinance at any time 7 thereafter, upon giving the department 180 days' notice of 8 its intention to adopt such ordinance. 9 (a.1) Counties of the second class.--Notwithstanding the 10 provisions of subsection (a), a municipality located within a 11 county of the second class shall not administer and enforce 12 plumbing code provisions of an ordinance adopting the Uniform 13 Construction Code and incorporated codes for the purposes of 14 section [302(a)] 102. A county of the second class that has 15 adopted a plumbing code and accompanying rules and regulations 16 pursuant to the act of August 24, 1951 (P.L.1304, No.315), known 17 as the Local Health Administration Law, shall retain the 18 authority to promulgate and enforce such plumbing code and to 19 make such changes as it deems necessary, provided that such 20 changes meet the minimum requirements as defined in the Uniform 21 Construction Code. 22 (b) Municipal administration and enforcement.--[This] <-- 23 SUBJECT TO SUBSECTION (D), THIS act may be administered and <-- 24 enforced by municipalities in any of the following ways: 25 (1) By the designation of an employee to serve as the 26 municipal code official to act on behalf of the municipality 27 for administration and enforcement of this act. 28 (2) By the retention of one or more construction code 29 officials or third-party agencies to act on behalf of the 30 municipality for administration and enforcement of this act. 20050H0881B4851 - 3 -
1 (3) Two or more municipalities may provide for the joint 2 administration and enforcement of this act through an 3 intermunicipal agreement under 53 Pa.C.S. Ch. 23 Subch. A 4 (relating to intergovernmental cooperation). 5 (4) By entering into a contract with the proper 6 authorities of another municipality for the administration 7 and enforcement of this act. When such a contract has been 8 entered into, the municipal code official shall have all the 9 powers and authority conferred by law in the municipality 10 which has contracted to secure such services. 11 (5) By entering into an agreement with the department 12 for plan reviews, inspections and enforcement of structures 13 other than one-family or two-family dwelling units and 14 utility and miscellaneous use structures. 15 (c) Board of appeals.-- 16 (1) A municipality which has adopted an ordinance for 17 the administration and enforcement of this act or 18 municipalities which are parties to an agreement for the 19 joint administration and enforcement of this act shall 20 establish a board of appeals as provided by Chapter 1 of the 21 1999 BOCA National Building Code, Fourteenth Edition, to hear 22 appeals from decisions of the code administrator. Members of 23 the municipality's governing body may not serve as members of 24 the board of appeals. 25 (2) An application for appeal shall be based on a claim 26 that the true intent of this act or regulations legally 27 adopted under this act have been incorrectly interpreted, the 28 provisions of this act do not fully apply or an equivalent 29 form of construction is to be used. 30 (3) When a municipality cannot find persons to serve on 20050H0881B4851 - 4 -
1 a board of appeals who meet the minimum qualifications of 2 Chapter 1 of the BOCA National Building Code, the 3 municipality may fill a position on the board with a 4 qualified person who resides outside of the municipality. 5 (4) The fee for an appeal to the Board of Appeals for a 6 municipality that is administering and enforcing this act 7 shall not exceed actual costs of the public notice of the 8 hearing, appearance fee for the court reporter and 9 administrative fees as necessary. 10 (5) In the case of an appeal or request for variance or 11 extension of time involving the construction of a one-family 12 or two-family residential building, the board of appeals 13 shall convene a hearing within 30 days of the appeal. The 14 Board of Appeals shall render a written decision to the 15 parties within five business days, OR WITHIN TEN BUSINESS <-- 16 DAYS IN CITIES OF THE FIRST CLASS, of the last hearing. If 17 the board of appeals fails to act within the time period 18 under this paragraph, the appeal shall be deemed granted. 19 * * * 20 (h) Interpretation of Uniform Construction Code.--In 21 interpreting a provision of a code adopted by regulation of the 22 department as part of the Uniform Construction Code, a 23 construction code official, a board of appeal and a court may <-- 24 SHALL consider and may rely upon relevant written <-- 25 interpretations of the ICC or any organization whose referenced <-- 26 standard is listed in the International Building Code or 27 International Residential Code or their successor codes, or any 28 related codes, or the ICC OR ANY ORGANIZATION WHOSE REFERENCED <-- 29 STANDARD IS RELEVANT AND LISTED IN THE UNIFORM CONSTRUCTION <-- 30 CODE, OR THE regulations promulgated under this act or any 20050H0881B4851 - 5 -
1 municipal construction code ordinance. 2 Section 2 3. Section 502 of the act is amended to read: <-- 3 Section 502. Consideration of applications and inspections. 4 (a) Applications for [construction] permits and 5 inspections.-- 6 (1) Every application for a construction permit for one- 7 family and two-family dwelling units and utility and 8 miscellaneous use structures shall be granted or denied, in 9 whole or in part, within 15 business days of the filing 10 date[.] or, if the drawings have been prepared by a licensed <-- 11 architect DESIGN PROFESSIONALS WHO ARE LICENSED, REGISTERED <-- 12 OR CERTIFIED OR REGISTERED UNDER THE LAWS AND REGULATIONS OF <-- 13 THIS COMMONWEALTH and the application contains a 14 certification by the architect LICENSED, REGISTERED OR <-- 15 CERTIFIED OR REGISTERED DESIGN PROFESSIONAL that the plans <-- 16 meet the applicable standards of the Uniform Construction 17 Code and ordinance as appropriate, within five business days 18 of the filing date. Every application for a certificate of 19 occupancy for one-family and two-family dwelling units and 20 miscellaneous use structures shall be acted upon GRANTED OR <-- 21 DENIED, IN WHOLE OR IN PART, within five business days, OR <-- 22 WITHIN TEN BUSINESS DAYS IN CITIES OF THE FIRST CLASS, after 23 receipt of a final inspection report indicates compliance 24 with the Uniform Construction Code and ordinance as 25 appropriate. All other construction permits shall be granted 26 or denied, in whole or in part, within 30 business days of 27 the filing date. Municipalities may establish different time 28 limits to consider applications for construction permits in 29 historic districts. A code administrator shall review a 30 construction plan of a building permit application upon 20050H0881B4851 - 6 -
1 submission and shall issue a notice of construction plan 2 approval on a building permit application within the periods 3 set forth in this section if the construction plans comply 4 with the Construction Code Act and any other applicable 5 municipal construction code ordinance. The municipality shall 6 also provide a list of all other required permits necessary 7 prior to issuance of the building permit. The municipality 8 will not be liable for the completeness of any list. When a 9 construction plan has been approved a code administrator 10 shall issue a building permit immediately upon receipt of all 11 other required permits or approvals related to the 12 construction. All revisions or changes to construction plans 13 so approved under this subsection shall necessitate an 14 additional plan review prior to the issuing of the building 15 permit. 16 (2) If an application is denied in whole or in part, the 17 code administrator shall set forth the reasons in writing[.], 18 identifying the elements of the application which are not in 19 compliance with the relevant provisions of the Uniform 20 Construction Code and ordinance as appropriate and providing 21 a citation to the relevant provisions of the Uniform 22 Construction Code and ordinance as appropriate. 23 (2.1) Inspections shall be completed on one-family and <-- 24 two-family dwellings no more than five business days after a 25 request for inspection by the permit holder or the holder's 26 agent. If a code administrator fails to complete the 27 requested inspection within the time period stated in this 28 paragraph, the permit holder or his agent shall be provided 29 by the municipality or its designee under section 501(b)(3) 30 or (4) an approved list of no fewer than three WHICH SHALL BE <-- 20050H0881B4851 - 7 -
1 MADE AVAILABLE TO THE PUBLIC FOR INSPECTION OF NO FEWER THAN 2 THREE construction code officials or third party agencies who 3 are certified to provide required inspections and provide 4 reasonable service within the area. The inspection must be 5 performed by a construction code official or third party 6 agency on that list. If the municipality or its designee does 7 not provide a permit holder or his agent with a list of five 8 THREE construction code officials or third party agencies the <-- 9 permit holder or his agent may hire a construction code 10 official or third party agency to perform the inspection, 11 which shall be accepted by the municipality or its designee. 12 If the code administrator fails to complete the requested 13 inspection within the time period stated in this paragraph, 14 the municipality or third party agency shall return to the 15 permit holder or his agent that portion of the permit fee 16 that had been paid for that inspection. If the permit holder 17 or his agent is not ready when the scheduled inspection is to 18 take place, the time period is waived and the permit holder 19 or his agent shall reschedule the inspection. Upon completion 20 of an inspection, the inspector shall provide a written 21 inspection report either indicating that the inspector has 22 approved or disapproved inspected work and, if the inspector 23 has disapproved inspected work, setting forth the reasons for 24 disapproval by providing a citation to the relevant 25 provisions of the Uniform Construction Code and ordinance as 26 appropriate or other law relied upon. 27 (3) If the code administrator fails to act on an 28 application for a construction permit for one-family and two- 29 family dwelling units and utility and miscellaneous use 30 structures within the time prescribed, the application shall 20050H0881B4851 - 8 -
1 be deemed approved. The time limits established in this 2 section for permit applications other than one-family and 3 two-family dwellings may be extended upon agreement in 4 writing between the applicant and the municipality for a 5 specific number of additional days. 6 (A.1) EXCEPTIONS.--A PERMIT IS NOT REQUIRED FOR THE <-- 7 INSTALLATION, ALTERATION OR REPAIR OF GENERATION, TRANSMISSION, 8 DISTRIBUTION, METERING OR OTHER RELATED FACILITIES AND/OR 9 EQUIPMENT UNDER THE OWNERSHIP OR CONTROL OF A PUBLIC UTILITY OR <-- 10 ELECTRIC GENERATOR AND THAT ARE NOT INTENDED FOR HUMAN 11 OCCUPANCY. 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. 20050H0881B4851 - 9 -
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 4. 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. 20050H0881B4851 - 10 -
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 20050H0881B4851 - 11 -
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 20050H0881B4851 - 12 -
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 5. 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 6. 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 20050H0881B4851 - 13 -
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 7. SECTION 901(B)(1) OF THE ACT, AMENDED JULY 7, <-- 26 2006 (P.L.1052, NO.108), IS AMENDED TO READ: 27 SECTION 901. EXEMPTIONS. 28 * * * 29 (B) RELIGIOUS BELIEFS.-- 30 (1) AN APPLICANT FOR A CONSTRUCTION PERMIT FOR A 20050H0881B4851 - 14 -
1 DWELLING UNIT OR ONE-ROOM SCHOOLHOUSE UTILIZED BY A MEMBER OR 2 MEMBERS OF A RECOGNIZED RELIGIOUS SECT MAY FILE AN 3 APPLICATION WITH A CODE ADMINISTRATOR TO BE EXEMPTED FROM THE 4 UNIFORM CONSTRUCTION CODE, AS PROVIDED IN THIS SUBSECTION, 5 WHICH CONFLICTS WITH THE APPLICANT'S RELIGIOUS BELIEFS. THE 6 APPLICATION SHALL STATE THE MANNER IN WHICH THE PROVISION 7 CONFLICTS WITH THE APPLICANT'S RELIGIOUS BELIEFS AND SHALL 8 INCLUDE AN AFFIDAVIT BY THE APPLICANT STATING THAT: 9 (I) THE APPLICANT IS A MEMBER OF A RECOGNIZED 10 RELIGIOUS SECT; 11 (II) THE RELIGIOUS SECT HAS ESTABLISHED TENETS OR 12 TEACHINGS WHICH CONFLICT WITH: 13 (A) AN ELECTRICAL PROVISION OF THE UNIFORM 14 CONSTRUCTION CODE; 15 (B) A LUMBER OR WOOD PROVISION, NOT RELATING TO 16 PRESSURE TREATMENT, OF THE UNIFORM CONSTRUCTION 17 CODE[.]; OR 18 (C) A PLUMBING PROVISION OF THE UNIFORM 19 CONSTRUCTION CODE. 20 (III) THE APPLICANT ADHERES TO THE ESTABLISHED 21 TENETS OR TEACHINGS OF THE SECT; 22 (IV) IN THE CASE OF A DWELLING UNIT, THE DWELLING 23 UNIT WILL BE USED SOLELY AS A RESIDENCE FOR THE APPLICANT 24 AND THE APPLICANT'S HOUSEHOLD; AND 25 (V) IN THE CASE OF A ONE-ROOM SCHOOLHOUSE, THE ONE- 26 ROOM SCHOOLHOUSE WILL BE USED SOLELY BY MEMBERS OF THE 27 RELIGIOUS SECT. 28 * * * 29 Section 6 7 8. This act shall take effect April 1, 2006, or <-- 30 immediately, whichever is later. JANUARY 1, 2007. <-- A28L35RLE/20050H0881B4851 - 15 -