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        PRIOR PRINTER'S NO. 1327                      PRINTER'S NO. 2561

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1096 Session of 2007


        INTRODUCED BY BUXTON, ARGALL, BELFANTI, BIANCUCCI, CALTAGIRONE,
           CAPPELLI, CARROLL, CLYMER, FABRIZIO, FAIRCHILD, GEORGE,
           GERGELY, GIBBONS, HALUSKA, HENNESSEY, HUTCHINSON, JAMES,
           KORTZ, KOTIK, MARKOSEK, McILHATTAN, M. O'BRIEN, SCAVELLO,
           SONNEY, TRUE, EVERETT, LONGIETTI, COX, GINGRICH, STURLA,
           FLECK, DERMODY, HORNAMAN, PASHINSKI AND SIPTROTH,
           APRIL 18, 2007

        AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, OCTOBER 2, 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," defining "council"; and
     6     establishing the Uniform Construction Code REVIEW AND          <--
     7     Advisory Council.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Section 103 of the act of November 10, 1999
    11  (P.L.491, No.45), known as the Pennsylvania Construction Code
    12  Act, is amended by adding a definition to read:
    13  Section 103.  Definitions.
    14  The following words and phrases when used in this act shall have
    15  the meanings given to them in this section unless the context
    16  clearly indicates otherwise:
    17     * * *


     1     "Council."  The Uniform Construction Code REVIEW AND Advisory  <--
     2  Council established under this act.
     3     * * *
     4     Section 2.  The act is amended by adding a section to read:
     5  Section 107.  Uniform Construction Code REVIEW AND Advisory       <--
     6                 Council.
     7     (a)  Establishment.--The Uniform Construction Code REVIEW AND  <--
     8  Advisory Council is hereby established.
     9     (b)  Duties.--The council shall do the following:
    10         (1)  Gather information from municipal officers, building
    11     code officials, construction code officials, licensed design
    12     professionals, builders and property owners, concerning
    13     issues with the Uniform Construction Code raised by council
    14     members, or changes proposed by members of the General
    15     Assembly.
    16         (2)  Evaluate the information compiled under paragraph
    17     (1) and make recommendations to the following:
    18             (i)  The Governor.
    19             (ii)  The Labor and Industry Committee of the Senate.  <--
    20             (iii)  The Labor Relations Committee of the House of
    21         Representatives.
    22             (II)  THE SECRETARY OF LABOR AND INDUSTRY.             <--
    23             (III)  THE MEMBERS OF ANY LEGISLATIVE COMMITTEE
    24         CONSIDERING AMENDMENTS TO THIS ACT.
    25             (IV)  THE PRESIDENT PRO TEMPORE OF THE SENATE.
    26             (V)  THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
    27             (iv) (VI)  The Code Development Councils of the        <--
    28         International Code Council.
    29         (3)  REVIEW NEW AND AMENDED PROVISIONS CONTAINED IN        <--
    30     TRIENNIAL REVISIONS BY THE ICC TO ANY OF THE ICC CODES WHICH
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     1     HAVE BEEN ADOPTED BY REGULATION AS PART OF THE UNIFORM
     2     CONSTRUCTION CODE AND PROVIDE ADVICE TO THE DEPARTMENT WITHIN
     3     120 DAYS AFTER THE PUBLICATION OF THE REVISIONS IN ACCORDANCE
     4     WITH SECTION 304(D).
     5     (c)  Composition.--The council shall consist of the following
     6  members appointed by the Governor:
     7         (1)  A general contractor from an association
     8     representing the residential construction industry who has
     9     recognized ability and experience in the construction of NEW   <--
    10     residential buildings.
    11         (2)  A general contractor from an association              <--
    12     representing the commercial NONRESIDENTIAL construction        <--
    13     industry who has recognized ability and experience in the
    14     construction of commercial NONRESIDENTIAL buildings.           <--
    15         (3)  A certified residential building inspector from an    <--
    16     association representing building code officials who has
    17     experience administering and enforcing residential codes.
    18         (4)  A certified building inspector from an association
    19     representing building code officials who has experience
    20     administering and enforcing commercial codes.
    21         (5)  A certified fire official from an association
    22     representing fire officials.
    23         (6)  One residential contractor who has recognized
    24     ability and experience in remodeling residential buildings.
    25         (7)  A licensed architect from an association
    26     representing architects who has recognized ability and
    27     experience in the construction of buildings.
    28         (8)  A licensed structural engineer from an association
    29     representing professional engineers who has recognized
    30     ability and experience in the construction of buildings.
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     1         (9)  A licensed mechanical engineer from an association
     2     representing professional engineers who has recognized
     3     ability and experience in the construction of buildings.
     4         (10)  A master plumber from an association representing
     5     the plumbing industry who has recognized ability and
     6     experience in the construction of buildings.
     7         (11)  An electrical contractor from an association
     8     representing the electrical construction industry who has
     9     recognized ability and experience in the construction of
    10     buildings.
    11         (12)  An elected municipal official who has recognized
    12     ability and experience in the construction of buildings.
    13         (13)  A representative of the Department of Labor and
    14     Industry managing the Uniform Construction Code program.
    15         (3)  A UNIFORM CONSTRUCTION CODE CERTIFIED RESIDENTIAL     <--
    16     BUILDING INSPECTOR WHO POSSESSES ALL FIVE RESIDENTIAL
    17     CERTIFICATIONS FROM AN ASSOCIATION REPRESENTING BUILDING CODE
    18     OFFICIALS WHO HAS EXPERIENCE ADMINISTERING AND ENFORCING
    19     RESIDENTIAL CODES.
    20         (4)  A UNIFORM CONSTRUCTION CODE CERTIFIED BUILDING
    21     INSPECTOR WHO POSSESSES ALL NONRESIDENTIAL INSPECTION
    22     CERTIFICATIONS, BUT NEED NOT POSSESS A FIRE INSPECTOR
    23     CERTIFICATION, OR A CERTIFIED PLANS EXAMINER WHO ALSO HOLDS
    24     AN ACCESSIBILITY CERTIFICATION FROM AN ASSOCIATION
    25     REPRESENTING BUILDING CODE OFFICIALS WHO HAS EXPERIENCE
    26     ADMINISTERING AND ENFORCING NONRESIDENTIAL CODES.
    27         (5)  A UNIFORM CONSTRUCTION CODE CERTIFIED FIRE INSPECTOR
    28     FROM AN ASSOCIATION REPRESENTING BUILDING CODE OFFICIALS.
    29         (6)  A UNIFORM CONSTRUCTION CODE CERTIFIED BUILDING CODE
    30     OFFICIAL FROM AN ASSOCIATION REPRESENTING BUILDING CODE
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     1     OFFICIALS WITH BUILDING CODE OFFICIAL CERTIFICATION.
     2         (7)  A RESIDENTIAL CONTRACTOR FROM AN ASSOCIATION
     3     REPRESENTING CONTRACTORS ENGAGED IN REMODELING RESIDENTIAL
     4     BUILDINGS WHO HAS RECOGNIZED ABILITY AND EXPERIENCE IN
     5     REMODELING RESIDENTIAL AND NONRESIDENTIAL BUILDINGS.
     6         (8)  A LICENSED ARCHITECT FROM AN ASSOCIATION
     7     REPRESENTING ARCHITECTS WHO HAS RECOGNIZED ABILITY AND
     8     EXPERIENCE IN THE DESIGN AND CONSTRUCTION OF NONRESIDENTIAL
     9     BUILDINGS.
    10         (9)  A LICENSED ARCHITECT FROM AN ASSOCIATION
    11     REPRESENTING ARCHITECTS WHO HAS RECOGNIZED ABILITY AND
    12     EXPERIENCE IN THE DESIGN AND CONSTRUCTION OF RESIDENTIAL
    13     BUILDINGS.
    14         (10)  A LICENSED STRUCTURAL ENGINEER FROM AN ASSOCIATION
    15     REPRESENTING PROFESSIONAL ENGINEERS WHO HAS RECOGNIZED
    16     ABILITY AND EXPERIENCE IN THE DESIGN AND CONSTRUCTION OF
    17     BUILDINGS.
    18         (11)  A LICENSED MECHANICAL ENGINEER SPECIALIZING IN HVAC
    19     SYSTEMS FROM AN ASSOCIATION REPRESENTING PROFESSIONAL
    20     ENGINEERS WHO HAS RECOGNIZED ABILITY AND EXPERIENCE IN THE
    21     DESIGN AND CONSTRUCTION OF BUILDINGS.
    22         (12)  A LICENSED MECHANICAL ENGINEER, SPECIALIZING IN
    23     PLUMBING AND FIRE PROTECTION, FROM AN ASSOCIATION
    24     REPRESENTING PROFESSIONAL ENGINEERS WHO HAS RECOGNIZED
    25     ABILITY AND EXPERIENCE IN THE DESIGN AND CONSTRUCTION OF
    26     BUILDINGS.
    27         (13)  A LICENSED ELECTRICAL ENGINEER FROM AN ASSOCIATION
    28     REPRESENTING THE ELECTRICAL CONSTRUCTION INDUSTRY WHO HAS
    29     RECOGNIZED ABILITY AND EXPERIENCE IN THE DESIGN AND
    30     CONSTRUCTION OF BUILDINGS.
    20070H1096B2561                  - 5 -     

     1         (14)  AN ELECTED OFFICIAL OF A TOWNSHIP OF THE SECOND
     2     CLASS WHO HAS RECOGNIZED ABILITY AND EXPERIENCE IN
     3     CONSTRUCTION OF BUILDINGS.
     4         (15)  AN ELECTED BOROUGH OFFICIAL WHO HAS RECOGNIZED
     5     ABILITY AND EXPERIENCE IN CONSTRUCTION OF BUILDINGS.
     6         (16)  AN ELECTED OFFICIAL OF A THIRD CLASS CITY WHO HAS
     7     RECOGNIZED ABILITY AND EXPERIENCE IN THE CONSTRUCTION OF
     8     BUILDINGS.
     9         (17)  AN INDIVIDUAL FROM AN ASSOCIATION REPRESENTING
    10     MANUFACTURED AND MODULAR HOUSING WHO SHALL BE KNOWLEDGEABLE,
    11     LICENSED OR CERTIFIED TO SELL AND INSTALL MANUFACTURED AND
    12     MODULAR HOUSING.
    13  AT LEAST ONE OF THE INSPECTORS APPOINTED TO THE COUNCIL SHALL BE
    14  A MUNICIPAL EMPLOYEE, AND AT LEAST ONE INSPECTOR SHALL BE A
    15  THIRD-PARTY PRIVATE SECTOR INSPECTOR.
    16     (d)  Vacancies.--Vacancies on the council shall be filled in
    17  the same manner in which they were originally designated, within
    18  30 business days of the vacancy. If the Governor fails to act
    19  within the 30 business days, the council chairperson shall
    20  appoint an individual to fill the vacancy.
    21     (e)  Removal.--A member may be removed for just cause by the
    22  appointing authority GOVERNOR.                                    <--
    23     (f)  Terms.--A member of the council shall serve terms of two
    24  years and until his successor is appointed beginning July 1,
    25  2007, except the initial term of members appointed under
    26  subsection (c)(1), (3), (5), (7), (9), (11) and (13) (C)(1),      <--
    27  (3), (4), (5), (8), (11), (13) AND (14) shall be for three years
    28  and until their successor is appointed.
    29     (g)  Chairperson and vice chairperson.--The members shall
    30  elect, by a majority vote, a chairperson and vice chairperson of
    20070H1096B2561                  - 6 -     

     1  the council.
     2     (h)  Quorum AND CONSENSUS.--Nine members shall constitute a    <--
     3  quorum, AND A CONSENSUS AMONG AT LEAST NINE MEMBERS MUST BE       <--
     4  REACHED BEFORE ANY RECOMMENDATION CAN BE MADE BY THE COUNCIL.
     5     (i)  Meetings.--Meetings shall be held in Harrisburg in
     6  locations provided by the department. The meetings shall also be
     7  conducted as required by 65 Pa.C.S. Ch. 7 (relating to open
     8  meetings) as follows:
     9         (1)  The council shall meet at least once every six
    10     months. Meeting dates shall be set by majority vote of the
    11     council members or by the call of the chair along with at
    12     least seven business days' notice to all members.
    13         (2)  All meetings of the council shall be publicly
    14     advertised and shall be open to the public. Members of the
    15     general public shall be given reasonable opportunity to
    16     address the council.
    17         (3)  The council shall publish a schedule of its meetings
    18     in the Pennsylvania Bulletin and in at least one newspaper of
    19     general circulation. The notice shall be published at least
    20     five business days in advance of each meeting. The notice
    21     shall specify the date, time and place of the meeting and
    22     shall state that the meetings of the council are open to the
    23     general public.
    24     (j)  Administrative support.--The secretary shall provide the
    25  administrative support necessary for the functions of the
    26  council.
    27     (k)  Technical support.--The council may solicit and retain,
    28  without compensation, individuals who are qualified by training
    29  or experience to provide expert input to the council and, at the
    30  discretion of the council, such individuals may be reimbursed
    20070H1096B2561                  - 7 -     

     1  for reasonable travel expenses at a rate established by the
     2  secretary.
     3     (l)  Compensation and expenses.--Members of the council shall
     4  not receive a salary or per diem allowance for their service,
     5  but shall be reimbursed for reasonable travel expenses and other
     6  necessary expenses, at a rate to be determined by the secretary,
     7  while attending council meetings.
     8     (M)  COMMONWEALTH DOCUMENT LAW AND REGULATORY REVIEW ACT.--    <--
     9  THE COUNCIL SHALL NOT BE SUBJECT TO THE PROVISIONS OF THE ACT OF
    10  JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH
    11  DOCUMENTS LAW, OR THE ACT OF JUNE 25, 1982 (P.L.633, NO.181),
    12  KNOWN AS THE REGULATORY REVIEW ACT.
    13     SECTION 3.  SECTION 304(A) OF THE ACT, AMENDED FEBRUARY 19,
    14  2004 (P.L.141, NO.13), IS AMENDED AND THE SECTION IS AMENDED BY
    15  ADDING A SUBSECTION TO READ:
    16  SECTION 304.  REVISED OR SUCCESSOR CODES.
    17     (A)  BUILDING CODE.--
    18         (1)  SUBJECT TO SECTIONS 105(C) AND (D), 301(A)(3), (4),
    19     (5), (6) AND (7), (C) AND (D) AND 302, BY DECEMBER 31 OF THE
    20     YEAR OF THE ISSUANCE OF A NEW TRIENNIAL BOCA NATIONAL
    21     BUILDING CODE, OR ITS SUCCESSOR BUILDING CODE, BUT NO SOONER
    22     THAN RECEIVING A DETERMINATION FROM THE COUNCIL AS PROVIDED
    23     IN SUBSECTION (D), OR 210 DAYS AFTER PUBLICATION OF A
    24     TRIENNIAL REVISION, WHICHEVER FIRST OCCURS, THE DEPARTMENT
    25     SHALL PROMULGATE REGULATIONS ADOPTING THE NEW CODE AS THE
    26     UNIFORM CONSTRUCTION CODE, EXCEPT AS MAY BE REQUIRED BY
    27     SUBSECTION (D).
    28         (2)  SUBJECT TO SECTIONS 105(C) AND (D), 301(A)(3), (4),
    29     (5), (6) AND (7), (C) AND (D) AND 302, BY DECEMBER 31 OF THE
    30     YEAR OF ISSUANCE OF A NEW TRIENNIAL ICC [INTERNATIONAL ONE
    20070H1096B2561                  - 8 -     

     1     AND TWO FAMILY DWELLING CODE] INTERNATIONAL RESIDENTIAL CODE
     2     FOR ONE- AND TWO-FAMILY DWELLINGS, OR ITS SUCCESSOR BUILDING
     3     CODE, BUT NO SOONER THAN RECEIVING A DETERMINATION FROM THE
     4     COUNCIL AS PROVIDED IN SUBSECTION (D), OR 210 DAYS AFTER
     5     PUBLICATION OF A TRIENNIAL REVISION, WHICHEVER FIRST OCCURS,
     6     THE DEPARTMENT SHALL PROMULGATE REGULATIONS PROVIDING THAT
     7     ALL DETACHED ONE-FAMILY AND TWO-FAMILY DWELLINGS AND ONE-
     8     FAMILY TOWNHOUSES THAT ARE NOT MORE THAN THREE STORIES IN
     9     HEIGHT AND THEIR ACCESSORY STRUCTURES MAY BE DESIGNED IN
    10     ACCORDANCE WITH THAT CODE , EXCEPT AS MAY BE REQUIRED BY
    11     SUBSECTION (D) OR THE [UNIFORM CONSTRUCTION CODE]
    12     INTERNATIONAL BUILDING CODE AT THE OPTION OF THE BUILDING
    13     PERMIT APPLICANT.
    14     * * *
    15     (D)  CODE REVISIONS.--
    16         (1)  THE COUNCIL MAY DETERMINE THAT ANY NEW OR AMENDED
    17     PROVISION CONTAINED IN A TRIENNIAL REVISION BY THE ICC TO ANY
    18     OF THE CODES WHICH HAVE BEEN ADOPTED BY REGULATION OF THE
    19     DEPARTMENT AS PART OF THE UNIFORM CONSTRUCTION CODE IS NOT,
    20     IN THE OPINION OF THE COUNCIL, CONSISTENT WITH THE INTENT AND
    21     PURPOSE OF THIS ACT OR IS OTHERWISE INAPPROPRIATE FOR
    22     INCLUSION IN THE UNIFORM CONSTRUCTION CODE. IN MAKING A
    23     DETERMINATION ON THE NEW OR AMENDED TRIENNIAL REVISIONS THE
    24     COUNCIL MAY CONSIDER THE PROVISIONS OF SECTION 102, AS WELL
    25     AS OTHER RELEVANT FACTORS, INCLUDING, BUT NOT LIMITED TO:
    26             (I)  THE IMPACT THAT THE PROVISIONS MAY HAVE UPON THE
    27         HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
    28             (II)  THE ECONOMIC REASONABLENESS AND FINANCIAL
    29         IMPACT OF THE PROVISIONS.
    30             (III)  THE TECHNICAL FEASIBILITY OF THE PROVISIONS.
    20070H1096B2561                  - 9 -     

     1         (2)  WHEN ADOPTING NEW TRIENNIAL VERSIONS OF THE ICC
     2     CODES PURSUANT TO SUBSECTION (A) FOR WHICH THE COUNCIL HAS
     3     RECOMMENDED REVISIONS UNDER PARAGRAPH (1), THE DEPARTMENT
     4     SHALL ISSUE PROPOSED REGULATIONS AS REQUIRED BY THE ACT OF
     5     JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE REGULATORY
     6     REVIEW ACT, ADOPTING THE NEW ICC VERSION AS AMENDED. IN THE
     7     EVENT OF PROPOSED REGULATIONS, THE DECEMBER 31 DEADLINE IN
     8     SUBSECTION (A) SHALL BE WAIVED.
     9     Section 3 4.  This act shall take effect in 60 days.           <--














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