PRIOR PRINTER'S NO. 1327 PRINTER'S NO. 2561
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 20070H1096B2561 - 2 -
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. 20070H1096B2561 - 3 -
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 20070H1096B2561 - 4 -
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. <-- C30L35JAM/20070H1096B2561 - 10 -