PRINTER'S NO. 3555
No. 2542 Session of 1974
INTRODUCED BY A. K. HUTCHINSON AND PETRARCA (BY REQUEST), JULY 10, 1974
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JULY 10, 1974
AN ACT 1 Authorizing the Secretary of the Department of Community Affairs 2 to adopt rules and regulations relating to the construction, 3 alteration, demolition, maintenance, occupancy and use of 4 buildings and structures; to provide for the administration 5 and enforcement of the act; and establish remedies and fix 6 penalties for violations of the act. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Short Title.--This act shall be known and may be 10 cited as the "Pennsylvania Building Act." 11 Section 2. Legislative Findings and Declaration of Policy.-- 12 (a) It is hereby found and declared that: 13 (1) There are inadequate resources at the local level for 14 municipal governments of the Commonwealth to deal effectively 15 with all the problems of sound building practices. 16 (2) There exists in the Commonwealth a variety of model or 17 local building regulations that cause confusion. 18 (3) There exists at local levels restrictive obsolete, 19 conflicting and unnecessary construction regulations that tend 20 to increase construction costs or retard the use of new
1 materials, products or methods of construction, or provide 2 preferential treatment to types or classes of materials or 3 products or methods of construction. 4 (4) There exists inadequate maintenance of buildings and 5 structures throughout the Commonwealth to adequately protect the 6 health, safety and welfare of the people of Pennsylvania. 7 (5) There exists in the Commonwealth both urban and rural 8 residential, commercial and industrial structures which are 9 substandard or unsanitary or are neglected and this trend will 10 cause them to become dilapidated. 11 (b) It is declared to be the policy of the Commonwealth of 12 Pennsylvania to promote the health and welfare of the 13 inhabitants thereof by the enactment of the "Pennsylvania 14 Building Act" to: 15 (1) Promote innovations and economy in construction and to 16 provide requirements for construction and construction materials 17 consistent with nationally recognized and approved standards. 18 (2) Formulate such requirements, to the extent practicable, 19 in terms of performance objectives, so as to make adequate 20 performance for the use intended as the test of acceptability. 21 (3) Permit to the fullest extent feasible the use of modern 22 technical methods, devices and improvements consistent with 23 reasonable requirements for the health, safety and welfare of 24 occupants or users of buildings and structures. 25 (4) Eliminate restrictive, obsolete, conflicting and 26 unnecessary construction regulations that tend to unnecessarily 27 increase construction costs or retard the use of new materials, 28 products or methods of construction. 29 (5) Insure adequate maintenance of buildings and structures 30 throughout the Commonwealth and to adequately protect the 19740H2542B3555 - 2 -
1 health, safety and welfare of the people. 2 Section 3. Definitions.--The following words and phrases 3 when used in this act shall have the meanings ascribed to them 4 in this section unless the context clearly indicates otherwise: 5 "Accessory building." A building, the use or occupancy of 6 which is incidental to that of the main building. 7 "Accessory use." A use or occupancy incidental to the 8 principle use or occupancy of a building. 9 "Addition." An extension or increase in floor area or height 10 of a building that increases its exterior dimensions. 11 "Allowable stress." The maximum stress permitted at a given 12 point in a structural member under given conditions. 13 "Alteration." Any addition, or change or modification of a 14 building, or the service equipment thereof, that affects safety 15 or health and that is not classified as a minor alteration or 16 ordinary repair. The moving of a building from one location or 17 position to another shall be deemed an alteration. 18 "Amusement device." A mechanically operated device or 19 structure open to the public, used to convey persons in any 20 direction as a form of amusement. 21 "Approved." When used in connection with plans shall mean 22 approved by the secretary; when used in connection with 23 materials or equipment shall mean approved by the board; 24 otherwise shall mean approved by the department. 25 "Assembly space." Any part of a place of assembly exclusive 26 of a stage, that is occupied by a number of persons during the 27 major period of occupancy. Every tier of seating shall be 28 considered a separate assembly space. 29 "Attic." The space between the ceiling framing of the top 30 most story and the underside of the roof framing. 19740H2542B3555 - 3 -
1 "Backflow" (water supply). The flow of water or other 2 substances into distribution pipes of a potable water supply 3 from any source other than the intended source. 4 "Basement." A story partly underground, but having less than 5 one-half its clear height below grade. 6 "Board." The Board of Standards and Appeals of the 7 Commonwealth of Pennsylvania. 8 "Building." A combination of materials to form a 9 construction adopted to permanent, temporary or continuous 10 occupancy having a roof. 11 "Certificate of occupancy." A certificate provided for in 12 this act indicating that the construction authorized by the 13 building permit has been completed in accordance with the 14 building permit, the State Building Code, and any ordinance 15 implementing said code. 16 "Code enforcement." The discharge by the building official 17 of his duties pursuant to this act. 18 "Construction." Any or all work or operations necessary or 19 incidental to the erection, demolition, assembling, installing, 20 or equipping of buildings, or any alteration and operations 21 incidental thereto. The term "construction" shall include land 22 clearing, grading, excavating and filling. 23 "Department." The Department of Community Affairs. 24 "Enforcing agency." The municipal building official and any 25 assistants and inspectors subordinate to him. In the absence of 26 a municipal building official the department will assume the 27 responsibility. 28 "Hearing examiner." Persons appointed by the secretary to 29 conduct hearings, summarize evidence, and make findings of fact. 30 "Maintenance." The replacement or mending of existing work 19740H2542B3555 - 4 -
1 with equivalent materials or the provisions of additional work 2 or material for the purpose of the safety, healthfulness, and 3 upkeep as are required in the interest of public safety, health 4 and welfare. 5 "Municipality." Any county, city, borough, township, 6 incorporated town or village. 7 "Owner." The owner or owners in fee of the property or a 8 lesser estate therein, a mortgagee, or vendee in possession, an 9 assignee of rents, receiver, executor, trustee, lessee, or any 10 other person, firm or corporation, directly or indirectly in 11 control of a building, structure or real property. 12 "Secretary." The Secretary of Community Affairs. 13 "Structure." A combination of materials to form a 14 construction for occupancy, use or ornamentation whether 15 installed on, above, or below the surface of a parcel of land, 16 provided the word structure shall be construed when used herein 17 as though followed by the words "or part or parts thereof and 18 all equipment therein" unless the context clearly requires a 19 different meaning. 20 Section 4. Adoption of State Building Code.--(a) The 21 secretary shall promulgate a State building code for the purpose 22 of regulating the design, construction, maintenance and use of 23 buildings or structures to be erected and alterations, repair, 24 maintenance, or demolition of buildings or structures already 25 erected. Prior to the adoption of said code, the secretary or 26 his designated representative shall consult with the other 27 departments of State Government heretofore authorized to 28 establish or administer construction regulations. 29 (b) The department shall promulgate rules and regulations to 30 interpret and make specific the provisions of this act. Such 19740H2542B3555 - 5 -
1 rules and regulations adopted, amended, repealed and substituted 2 from time to time pursuant to this section shall assure the 3 health, safety and welfare of the people of Pennsylvania by 4 requiring safe and sanitary housing and shall include provisions 5 imposing requirements reasonably consistent with recognized and 6 accepted model codes. 7 Section 5. Powers of the Secretary.--The secretary shall 8 have all the powers necessary or convenient to effectuate the 9 purposes of this act, including, but not limited to, the 10 following powers in addition to all others granted by this act: 11 (1) To adopt, amend and repeal rules relating to the 12 administration and enforcement of the code and the 13 qualifications or licensing, or both, of all persons employed by 14 enforcing agencies or the State to enforce this act or the code. 15 (2) To enter into agreements with Federal agencies to 16 provide, insofar as practicable, (i) single agency review of 17 construction, and (ii) intergovernmental acceptance of such 18 review and inspection to avoid unnecessary duplication of 19 efforts and fees. The secretary shall have the power to enter 20 into such agreements although the Federal standards are not 21 identical with State standards; provided that the same basic 22 objectives are reasonably expected to be met by either the State 23 or Federal standards. The secretary shall have the power through 24 such agreements with Federal agencies to bind the Commonwealth 25 of Pennsylvania and all governmental entities deriving authority 26 therefrom. 27 (3) To enforce the code in lieu of local enforcing agencies 28 for projects financed by the Pennsylvania Housing Finance 29 Agency. 30 (4) To take testimony and hold hearings relating to any 19740H2542B3555 - 6 -
1 aspect of or matter relating to the administration or 2 enforcement of this act and, in connection therewith, issue 3 subpoenas to compel the attendance of witnesses and the 4 production of evidence. The secretary may designate one or more 5 hearing examiners to hold public hearings and report on such 6 hearings to the secretary. 7 (5) To encourage, support or conduct educational and 8 training programs for employees, agents and inspectors of the 9 enforcing agencies, either through the Department of Community 10 Affairs or in cooperation with other departments of State 11 government, enforcing agencies, educational institutions or 12 associations of building code officials. 13 (6) To determine after thorough evaluation whether any 14 material, product, method of construction, or method of 15 manufacture, or installation is acceptable under the code; to 16 issue certificates of such acceptability; and to establish 17 procedures for the testing of devices, materials, fixtures, 18 methods, systems, or processes, and contract with existing 19 laboratories for such testing. 20 (7) To make, establish and amend such rules as may be 21 necessary, desirable or proper to carry out his powers and 22 duties under this act. 23 Section 6. Enforcement.--(a) The municipality shall appoint 24 an officer to administer this act within the municipality. Such 25 officer shall be known as the building official and shall head 26 the enforcing agency. The municipality shall have the power to 27 appoint such assistants, inspectors and other subordinates, 28 consistent with standards established by the secretary as are 29 necessary for proper enforcement of the code. The building 30 official, to be eligible for appointment, shall be certified by 19740H2542B3555 - 7 -
1 the Commonwealth of Pennsylvania, Department of Community 2 Affairs in accordance with subsection (b) of this section and 3 shall have at least three years of experience in construction, 4 design or supervision. The building official shall pass upon 5 matters relative to the mode, manner or construction or 6 materials to be used in the erection or alteration of buildings 7 or structures. The building official shall pass on the actual 8 execution of the approved plans and the installation of the 9 materials approved by the State. He shall require compliance 10 with the provisions of this act, of all rules lawfully adopted 11 and promulgated thereunder and of laws relating to the 12 construction, alteration, repair, removal, demolition and 13 integral equipment and location, occupancy and maintenance of 14 building and structures, except as may be otherwise provided 15 for. Two or more municipalities may provide by ordinance subject 16 to regulations established by the secretary for the joint 17 appointment of a building official for the purpose of enforcing 18 the provisions of this act. The Department of Community Affairs 19 shall reimburse municipalities for enforcing the rules and 20 regulations as promulgated under this act. A municipal governing 21 body may, by ordinance transmitted to the secretary by certified 22 or registered mail, transfer to the Department of Community 23 Affairs all municipal powers to enforce the rules and 24 regulations as promulgated under this act. 25 (b) No person shall act as a building official for any 26 municipality unless the Department of Community Affairs 27 determines that said person is so qualified except for the 28 following: (i) a municipal building official holding office 29 under tenure by law on the effective date of this act or within 30 one year thereafter, and, (ii) a municipal building official 19740H2542B3555 - 8 -
1 holding office without tenure on the effective date of this act 2 or within one year thereafter provided said building official 3 not having tenure shall be certified in accordance with this act 4 within two years of the effective date thereof. The secretary 5 may authorize the preparation and conducting of oral, written 6 and practical examinations to determine if a person is qualified 7 by this act to be eligible to be a building official or in the 8 alternative may accept successful completion of programs of 9 training as proof of qualifications within the meaning of this 10 act. Upon a determination of qualifications the secretary shall 11 issue or cause to be issued a certificate to the building 12 official or trainee stating that he is so certified. The 13 secretary may establish classes of certification that will 14 recognize the varying complexities of code enforcement in the 15 municipalities within the Commonwealth. The secretary may 16 provide for educational programs designed to train and assist 17 building officials in carrying out their responsibilities. 18 Section 7. Permits Required for Construction or Alteration 19 of Buildings and Structures; Application Therefor; Required 20 Contents of Application; Issuance, Effect and Duration of 21 Permits.--(a) Application for Permit. Except as otherwise 22 provided in the act, before construction or alteration of any 23 building or structure, the owner, or his agent, shall submit an 24 application in writing, including signed and sealed drawings and 25 specifications to the building official as defined in this act. 26 The application shall be in accordance with regulations 27 established by the secretary and on a form prescribed by the 28 secretary and shall be accompanied by payment of the fee as 29 established by the enforcing agency in accordance with standards 30 established in the rules and regulations. The application for a 19740H2542B3555 - 9 -
1 building permit shall be filed with the enforcing agency and 2 shall be a public record and no application for a building 3 permit shall be removed from the custody of the enforcing agency 4 after a building permit has been issued. 5 (b) Examination and Approval of Applications for Permits; 6 Expiration or Cancellation of Permits. All applications for 7 permits and any accompanying plans and papers, including any 8 amendments thereto, shall be examined promptly after their 9 submission for compliance with the provisions of this act and 10 other applicable laws and regulations. Applications complying 11 with the provisions of this act and other applicable laws and 12 regulations shall be approved by the enforcing agency and the 13 permit issued promptly and not later than thirty calendar days 14 after the submission thereof; applications failing to comply 15 with the requirements of this act and other applicable laws and 16 regulations shall be rejected and written notice of rejection, 17 stating the grounds of rejection, shall be given the applicant 18 promptly and not later than thirty calendar days after the 19 submission thereof. Whenever a permit application has been 20 rejected and is thereafter revised and resubmitted to meet 21 stated grounds of rejection the revised application shall be 22 approved if it meets the stated grounds of rejection. The permit 23 card bearing the permit number, application number, location of 24 the premises for which the permit is issued shall be posted in a 25 conspicuous place. No such permit card shall be posted or 26 displayed at any location other than the location of the 27 premises for which the permit was issued. At least twenty-four 28 hour written notice shall be given to the enforcing agency 29 before commencement of any work for which a permit has been 30 issued. 19740H2542B3555 - 10 -
1 (c) Expiration or Revocation of Permits. Except as otherwise 2 provided, all permits issued by the enforcing agency shall 3 expire by limitation and become invalid if the permitted work or 4 use is not commenced within six months from the date of issuance 5 of the permit, or if commenced is suspended or abandoned for a 6 period of six months thereafter. The enforcing agency may revoke 7 any permit for failure to comply with the provisions of this act 8 or other applicable laws or regulations; or whenever there has 9 been any false statement or any misrepresentation as to a 10 material fact in the application or accompanying plans and 11 papers upon the basis of which the permit was issued; or 12 whenever any permit has been issued in error and conditions are 13 such that a permit should not have been issued. No permit shall 14 be issued unless and until the required fee or fees therefor as 15 prescribed shall have been paid. Permit shall be deemed to 16 incorporate the provisions that the applicant, his agent, 17 employees and contractors shall carry out the permitted work or 18 use in accordance with the provisions of this act and other 19 applicable laws and regulations, whether specified or not, 20 except in so far as variations therefrom have been legally 21 permitted or authorized. All work shall conform to the approved 22 application and accompanying plans and papers, and any approved 23 amendments thereto. 24 (d) Right of Entry and Inspection. All inspections pursuant 25 to this act shall be between the hours of 9:00 a.m. and 4:00 26 p.m. on business days, or when construction is actually being 27 undertaken, provided, however, that inspections may be conducted 28 at other times if the enforcing agency has reasonable cause to 29 believe that an immediate danger to life, limb or property 30 exists. 19740H2542B3555 - 11 -
1 (e) Notice of Violation of Building Permit; Stop Orders. If 2 the construction, alteration or demolition of a structure or 3 building is being undertaken contrary to provisions of a 4 building permit, this act, the rules and regulations, or other 5 applicable laws or ordinances, the enforcing agency shall give 6 written notice of said violation to the owner and the holder of 7 the building permit, if a building permit has been issued; or to 8 the person performing the construction, and the owner as shown 9 on the current tax duplicate in the municipal tax assessor's or 10 collector's office, if a building permit has not been issued. 11 The holder of the building permit or other persons performing 12 the construction, as the case may be, shall be notified to 13 appear and show cause before the building official why the 14 construction should not be stopped. If the person doing the 15 construction, alteration or demolition is not known, or cannot 16 be located with reasonable effort, the notice may be delivered 17 to the person in charge of, or apparently in charge of the 18 construction. No person shall continue, or cause or allow to be 19 continued, the construction, alteration or demolition of a 20 building or structure in violation of a stop construction order, 21 except with the permission of the enforcing agency to abate a 22 dangerous condition or remove a violation, or except by court 23 order. If an order to stop construction, alteration or 24 demolition is not obeyed, the enforcing agency may apply to the 25 appropriate court as otherwise established by law for an order 26 enjoining the violation of the stop construction order. 27 Section 8. Certificates of Occupancy.--No building or 28 structure hereafter constructed shall be used or occupied in 29 whole or part until a certificate of occupancy shall have been 30 issued by the enforcing agency. 19740H2542B3555 - 12 -
1 Section 9. Stay of Proceedings.--An appeal to a court of 2 competent jurisdiction shall not automatically stay any order to 3 stop construction issued by an enforcing agency or prevent an 4 enforcing agency from seeking an order in a court of competent 5 jurisdiction enjoining the violations of a stop construction 6 order. 7 Section 10. Penalties.--(a) Any person or corporation, 8 including an officer, director or employee of a corporation, 9 owner or his agent, is subject to the penalties in subsection 10 (b) who knowingly: 11 (1) violates any of the provisions of this act or rules 12 promulgated hereunder; 13 (2) constructs, alters or demolishes a structure or building 14 in violation of a condition of a building permit; 15 (3) fails to comply with any order issued by an enforcing 16 agency or the department; 17 (4) knowingly makes false or misleading written statements 18 or knowingly omits any required information or statement in any 19 application or request for approval to an enforcing agency or to 20 the department; 21 (5) refuses entry or access to an inspector lawfully 22 authorized to inspect any premises, building or structure 23 pursuant to this act or who unreasonably interferes with such an 24 inspection; or 25 (6) fails to comply with a stop construction order validly 26 issued by an enforcing agency or the department. 27 (b) The department may obtain injunctive relief from the 28 Commonwealth Court of Pennsylvania to enjoin the construction, 29 alteration or demolition of a building or structure upon an 30 affidavit specifying the manner in which the construction, 19740H2542B3555 - 13 -
1 alteration or demolition does not conform to the requirements of 2 this act or to rules and regulations issued pursuant hereto. 3 Whoever violates any provisions of this act is guilty of a 4 misdemeanor, and upon conviction thereof, shall be sentenced to 5 pay a fine not exceeding five hundred dollars ($500) or undergo 6 imprisonment not exceeding six months or both. 7 Section 11. Appeals.--The department shall promulgate rules 8 pertaining to hearing of appeals. The department shall hear 9 appeals brought by any person regarding the application or 10 interpretation of any rule or regulation promulgated by the 11 department under this act. 12 Section 12. Variances.--The department may grant variances 13 from the duly promulgated rules and regulations when it appears 14 that such requested variances do not impair the health, safety 15 and welfare of consumers. 16 Section 13. General Provisions.--Nothing in this act or in 17 the rules and regulations herein adopted shall be construed to 18 affect any suit or proceeding now pending in any court, or any 19 rights acquired or liability incurred, or any cause or causes or 20 action accrued or existing, under any act or rules and 21 regulations repealed hereby. No right or remedy of any character 22 shall be lost, impaired or affected by this act. 23 Section 14. Interpretation of Powers.--The powers enumerated 24 in this act shall be interpreted broadly to effectuate the 25 purposes thereof. 26 Section 15. Effective Date.--This act shall take effect 27 immediately. D23L54JD/19740H2542B3555 - 14 -