PRIOR PRINTER'S NO. 3974 PRINTER'S NO. 4106
No. 2668 Session of 2004
INTRODUCED BY BELFANTI, ALLEN, DeWEESE, SURRA, TANGRETTI,
CASORIO AND VEON, JUNE 7, 2004
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 16, 2004
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 regulations. DEFINITIONS, FOR APPLICATION, FOR REGULATIONS, <--
7 FOR REFERENCE STANDARDS AND FOR CHANGES IN UNIFORM
8 CONSTRUCTION CODE.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 301(a) 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 paragraph to read:
14 SECTION 1. SECTION 103 OF THE ACT OF NOVEMBER 10, 1999 <--
15 (P.L.491, NO.45), KNOWN AS THE PENNSYLVANIA CONSTRUCTION CODE
16 ACT, IS AMENDED BY ADDING DEFINITIONS TO READ:
17 SECTION 103. DEFINITIONS.
18 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
19 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
20 CONTEXT CLEARLY INDICATES OTHERWISE:
1 "ADDITION." AN EXTENSION OR INCREASE IN FLOOR AREA OR HEIGHT
2 OF A BUILDING OR STRUCTURE.
3 * * *
4 "ALTERATION." ANY CONSTRUCTION OR RENOVATION TO AN EXISTING
5 STRUCTURE OTHER THAN REPAIR OR ADDITION.
6 * * *
7 "REPAIR." THE RECONSTRUCTION OR RENEWAL OF ANY PART OF AN
8 EXISTING BUILDING FOR THE PURPOSE OF ITS MAINTENANCE.
9 "RESIDENTIAL BUILDING." DETACHED ONE-FAMILY AND TWO-FAMILY
10 DWELLINGS AND MULTIPLE SINGLE-FAMILY DWELLINGS WHICH ARE NOT
11 MORE THAN THREE STORIES IN HEIGHT WITH A SEPARATE MEANS OF
12 EGRESS WHICH INCLUDES ACCESSORY STRUCTURES.
13 * * *
14 SECTION 2. SECTION 104(A) AND (B) OF THE ACT ARE AMENDED TO
15 READ:
16 SECTION 104. APPLICATION.
17 (A) GENERAL RULE.--THIS ACT SHALL APPLY TO [THE
18 CONSTRUCTION, ALTERATION, REPAIR AND OCCUPANCY OF ALL BUILDINGS
19 IN THIS COMMONWEALTH] ALL COMMERCIAL, INDUSTRIAL AND PUBLIC
20 BUILDINGS AND ALL NEW CONSTRUCTION.
21 (B) EXCLUSIONS.--THIS ACT SHALL NOT APPLY TO:
22 (1) NEW BUILDINGS OR RENOVATIONS TO EXISTING BUILDINGS
23 FOR WHICH AN APPLICATION FOR A BUILDING PERMIT HAS BEEN MADE
24 TO THE MUNICIPALITY PRIOR TO THE EFFECTIVE DATE OF THE
25 REGULATIONS PROMULGATED UNDER THIS ACT;
26 (2) NEW BUILDINGS OR RENOVATIONS TO EXISTING BUILDINGS
27 ON WHICH A CONTRACT FOR DESIGN OR CONSTRUCTION HAS BEEN
28 SIGNED PRIOR TO THE EFFECTIVE DATE OF THE REGULATIONS
29 PROMULGATED UNDER THIS ACT ON PROJECTS REQUIRING DEPARTMENT
30 APPROVAL;
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1 (3) UTILITY AND MISCELLANEOUS USE STRUCTURES THAT ARE
2 ACCESSORY TO DETACHED ONE-FAMILY DWELLINGS, EXCEPT IN CITIES
3 OF THE FIRST AND SECOND CLASS; [OR]
4 (4) ANY AGRICULTURAL BUILDING[.];
5 (5) RESIDENTIAL BUILDINGS EXCEPT FOR NEW CONSTRUCTION
6 FOR WHICH A BUILDING PERMIT HAS BEEN APPLIED FOR OR FOR WHICH
7 A CONTRACT FOR DESIGN OR CONSTRUCTION HAS BEEN SIGNED PRIOR
8 TO THE EFFECTIVE DATE OF THE REGULATIONS PROMULGATED UNDER
9 THIS ACT ON PROJECTS REQUIRING DEPARTMENT APPROVAL;
10 (6) ALTERATIONS TO RESIDENTIAL BUILDINGS WHICH DO NOT
11 MAKE STRUCTURAL CHANGES OR CHANGES TO MEANS OF EGRESS, EXCEPT
12 AS MIGHT BE REQUIRED BY ORDINANCES IN EFFECT PURSUANT TO
13 SECTION 303(B)(1) OR ADOPTED PURSUANT TO SECTION 503; OR
14 (7) REPAIRS TO RESIDENTIAL BUILDINGS, EXCEPT AS MIGHT BE
15 REQUIRED BY ORDINANCES IN EFFECT PURSUANT TO SECTION
16 303(B)(1) OR ADOPTED PURSUANT TO SECTION 503.
17 * * *
18 SECTION 3. SECTION 301(A) OF THE ACT IS AMENDED BY ADDING A
19 PARAGRAPH TO READ:
20 Section 301. Adoption by regulations.
21 (a) Regulations.--
22 * * *
23 (8) The regulations shall exclude section R313.1.1 of
24 the 2003 International Residential Code for One- and Two-
25 Family Dwellings or its successor code from applying to
26 existing one-family and two-family unit dwellings undergoing
27 alterations, repairs or additions.
28 * * *
29 Section 2. Any and all regulations are abrogated to the <--
30 extent of any inconsistency with this act.
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1 SECTION 4. SECTIONS 302 AND 503(A) OF THE ACT ARE AMENDED TO <--
2 READ:
3 SECTION 302. REFERENCED STANDARDS.
4 (A) GENERAL RULE.--THE STANDARDS REFERENCED IN CHAPTERS 30
5 AND 35 RELATING TO ELEVATORS AND CONVEYING SYSTEMS AND
6 REFERENCED STANDARDS, RESPECTIVELY, OR THE APPLICABLE CHAPTER,
7 OF THE 1999 BOCA NATIONAL BUILDING CODE, FOURTEENTH EDITION, AND
8 THE AMERICAN NATIONAL STANDARDS FOR PASSENGER TRAMWAYS, AERIAL
9 TRAMWAYS, AERIAL LIFTS, SURFACE LIFTS AND TOWS, ASME/ANSI B77.1,
10 AND ITS SUCCESSORS, SHALL BE CONSIDERED PART OF THE REQUIREMENTS
11 OF THE UNIFORM CONSTRUCTION CODE TO THE PRESCRIBED EXTENT OF
12 EACH SUCH REFERENCE EXCEPT THAT BNPMC-96 BOCA NATIONAL PROPERTY
13 MAINTENANCE CODE AND ASME/ANSI A17.3 (SAFETY CODE FOR EXISTING
14 ELEVATORS AND ESCALATORS) SHALL BE EXCLUDED.
15 (B) NO PREEMPTION.--NOTHING CONTAINED IN THIS ACT SHALL BE
16 CONSTRUED TO PREEMPT THE ABILITY OF A MUNICIPALITY TO ADOPT OR
17 ENFORCE THE CODES REFERRED TO IN THIS SECTION TO THE EXTENT NOT
18 REFERENCED, IN WHOLE OR IN PART, IN CHAPTER 35 RELATING TO
19 REFERENCED STANDARDS OR APPLICABLE CHAPTER OF THE 1999 BOCA
20 NATIONAL BUILDING CODE, FOURTEENTH EDITION.
21 SECTION 503. CHANGES IN UNIFORM CONSTRUCTION CODE.
22 (A) ADMINISTRATION.--MUNICIPALITIES MAY ENACT ORDINANCES
23 WHICH EQUAL OR EXCEED THE MINIMUM REQUIREMENTS OF CHAPTER 1 OF
24 THE 1999 BOCA NATIONAL BUILDING CODE, FOURTEENTH EDITION,
25 RELATING TO ADMINISTRATION CONSISTENT WITH THE PROVISIONS OF
26 SECTION 501(C). MUNICIPALITIES MAY ENACT ORDINANCES PURSUANT TO
27 THIS SECTION WHICH ADOPT ADDITIONAL CODE REQUIREMENTS FOR
28 ALTERATIONS OR REPAIRS TO RESIDENTIAL BUILDINGS.
29 * * *
30 SECTION 5. THE FOLLOWING SHALL APPLY:
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1 (1) THE PROVISIONS OF 34 PA. CODE § 405.2(A)(4)
2 (RELATING TO STANDARDS) ARE ABROGATED ABSOLUTELY.
3 (2) THE PROVISIONS OF 34 PA. CODE § 405.11(E) (RELATING
4 TO ACCIDENT REPORT) ARE ABROGATED INSOFAR AS THEY RELATE TO
5 SKI LIFTS.
6 (3) ALL OTHER REGULATIONS ARE ABROGATED TO THE EXTENT OF
7 ANY INCONSISTENCY WITH THIS ACT.
8 Section 3 6. This act shall take effect immediately. <--
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