PRINTER'S NO. 933
No. 816 Session of 2007
INTRODUCED BY BOYD, SURRA, BIANCUCCI, CALTAGIRONE, CARROLL,
CAUSER, CREIGHTON, CUTLER, DALEY, DeLUCA, FABRIZIO, GEORGE,
GERGELY, GINGRICH, GOODMAN, GRELL, GRUCELA, HALUSKA, HERSHEY,
MARSHALL, MILLARD, MUNDY, MUSTIO, NAILOR, PALLONE, PETRARCA,
REICHLEY, SONNEY, STABACK, R. STEVENSON AND WANSACZ,
MARCH 19, 2007
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 19, 2007
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 board
6 of appeals.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 501(c)(2) of the act of November 10, 1999
10 (P.L.491, No.45), known as the Pennsylvania Construction Code
11 Act, amended November 29, 2006 (P.L.1440, No.157), is amended to
12 read:
13 Section 501. Administration and enforcement.
14 * * *
15 (c) Board of appeals.--
16 * * *
17 (2) [An application for appeal shall be based on a claim
18 that the true intent of this act or regulations legally
1 adopted under this act have been incorrectly interpreted, the
2 provisions of this act do not fully apply or an equivalent
3 form of construction is to be used.] A board of appeals shall
4 consider appeals to decisions of code administrators and may
5 grant such appeals if it determines that:
6 (i) the Uniform Construction Code was incorrectly
7 interpreted by the code administrator;
8 (ii) the Uniform Construction Code does not apply;
9 (iii) the requirements of the Uniform Construction
10 Code impose an unreasonable burden on the appellant for
11 which the board believes a variance will pose no public
12 safety hazard;
13 (iv) an equivalent form of construction can be used;
14 or
15 (v) the Uniform Construction Code imposes a
16 requirement that violates the basic tenets of a
17 recognized religious sect.
18 * * *
19 Section 2. This act shall take effect in 60 days.
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