PRIOR PRINTER'S NOS. 1327, 2561, 2667 PRINTER'S NO. 2725
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, SIPTROTH, BENNINGHOFF AND PAYNE, APRIL 18, 2007
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 23, 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"; 6 establishing the Uniform Construction Code Review and 7 Advisory Council; and further providing for revised or 8 successor codes and for training of inspectors. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. Section 103 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 definition to read: 14 Section 103. Definitions. 15 The following words and phrases when used in this act shall 16 have the meanings given to them in this section unless the 17 context clearly indicates otherwise: 18 * * *
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 Secretary of Labor and Industry. 20 (iii) The members of any legislative committee 21 considering amendments to this act. 22 (iv) The President pro tempore of the Senate. 23 (v) The Speaker of the House of Representatives. 24 (vi) The Code Development Councils of the 25 International Code Council. 26 (3) Review new and amended provisions contained in 27 triennial revisions of the codes issued by the International 28 Code Council to any of its codes. The council shall inform 29 the department of any code provisions that should be excluded 30 from the Uniform Construction Code by May 1 of the year of 20070H1096B2725 - 2 -
1 issuance of the latest triennial code issued by the 2 International Code Council. 3 (c) Composition.--The council shall consist of the following 4 members appointed by the Governor: 5 (1) A general contractor from an association 6 representing the residential construction industry who has 7 recognized ability and experience in the construction of new 8 residential buildings. 9 (2) A contractor from an association representing the 10 nonresidential construction industry who has recognized 11 ability and experience in the construction of nonresidential 12 buildings. 13 (3) A Uniform Construction Code certified residential 14 building inspector who possesses all five residential 15 certifications from an association representing building code 16 officials who has experience administering and enforcing 17 residential codes. 18 (4) A Uniform Construction Code certified building 19 inspector who possesses all nonresidential inspection 20 certifications, but need not possess a fire inspector 21 certification, or a certified plans examiner who also holds 22 an accessibility certification from an association 23 representing building code officials who has experience 24 administering and enforcing nonresidential codes. 25 (5) A Uniform Construction Code certified fire inspector 26 from an association representing building code officials. 27 (6) A Uniform Construction Code certified building code 28 official from an association representing building code 29 officials with building code official certification. 30 (7) A residential contractor from an association 20070H1096B2725 - 3 -
1 representing contractors engaged in remodeling residential 2 buildings who has recognized ability and experience in 3 remodeling residential and nonresidential buildings. 4 (8) A licensed architect from an association 5 representing architects who has recognized ability and 6 experience in the design and construction of nonresidential 7 buildings. 8 (9) A licensed architect from an association 9 representing architects who has recognized ability and 10 experience in the design and construction of residential 11 buildings. 12 (10) A licensed structural engineer from an association 13 representing professional engineers who has recognized 14 ability and experience in the design and construction of 15 buildings. 16 (11) A licensed mechanical engineer specializing in HVAC 17 systems from an association representing professional 18 engineers who has recognized ability and experience in the 19 design and construction of buildings. 20 (12) A licensed mechanical engineer, specializing in 21 plumbing and fire protection, from an association 22 representing professional engineers who has recognized 23 ability and experience in the design and construction of 24 buildings. 25 (13) A licensed electrical engineer from an association 26 representing the electrical construction industry <-- 27 PROFESSIONAL ENGINEERS who has recognized ability and <-- 28 experience in the design and construction of buildings. 29 (14) An elected official of a township of the second 30 class who has recognized ability and experience in 20070H1096B2725 - 4 -
1 construction of buildings. 2 (15) An elected borough official who has recognized 3 ability and experience in construction of buildings. 4 (16) An elected official of a third class city who has 5 recognized ability and experience in the construction of 6 buildings. 7 (17) An individual from an association representing 8 manufactured housing who shall be knowledgeable, licensed or 9 certified to sell and install manufactured housing. 10 (18) An official of a city of the first class who has 11 recognized ability and experience in the administration and 12 enforcement of this act. 13 (19) An individual from an association representing only 14 modular housing manufacturers, who is knowledgeable, licensed 15 or certified under the act of May 11, 1972 (P.L.286, No.70), 16 known as the Industrialized Housing Act, to manufacture and 17 sell modular homes in Pennsylvania. 18 (20) AN ELECTED OFFICIAL OF A TOWNSHIP OF THE FIRST <-- 19 CLASS WHO HAS RECOGNIZED ABILITY AND EXPERIENCE IN 20 CONSTRUCTION OF BUILDINGS. 21 At least one of the inspectors appointed to the council shall be 22 a municipal employee, and at least one inspector shall be a 23 third-party private sector inspector. 24 (d) Vacancies.--Vacancies on the council shall be filled in 25 the same manner in which they were originally designated, within 26 30 business days of the vacancy. If the Governor fails to act 27 within the 30 business days, the council chairperson shall 28 appoint an individual to fill the vacancy. 29 (e) Removal.--A member may be removed for just cause by the 30 Governor. 20070H1096B2725 - 5 -
1 (f) Terms.--A member of the council shall serve terms of two 2 years and until his successor is appointed beginning July 1, 3 2007, except the initial term of members appointed under 4 subsection (c)(1), (3), (4), (5), (8), (11), (13) and (14) shall 5 be for three years and until their successor is appointed. 6 (g) Chairperson and vice chairperson.--The members shall 7 elect, by a majority vote, a chairperson and vice chairperson of 8 the council. 9 (h) Quorum and consensus.-- Ten ELEVEN members shall <-- 10 constitute a quorum, and a consensus among at least ten 11 <-- 11 members must be reached before any determination can be made by 12 the council. 13 (i) Meetings.--Meetings shall be held in Harrisburg in 14 locations provided by the department. The meetings shall also be 15 conducted as required by 65 Pa.C.S. Ch. 7 (relating to open 16 meetings) as follows: 17 (1) The council shall meet at least once every six 18 months. Meeting dates shall be set by majority vote of the 19 council members or by the call of the chair along with at 20 least seven business days' notice to all members. 21 (2) All meetings of the council shall be publicly 22 advertised and shall be open to the public. Members of the 23 general public shall be given reasonable opportunity to 24 address the council. 25 (3) The council shall publish a schedule of its meetings 26 in the Pennsylvania Bulletin and in at least one newspaper of 27 general circulation. The notice shall be published at least 28 five business days in advance of each meeting. The notice 29 shall specify the date, time and place of the meeting and 30 shall state that the meetings of the council are open to the 20070H1096B2725 - 6 -
1 general public. 2 (j) Administrative support.--The secretary shall provide a 3 facility for council meetings under this act, stenographic 4 services and required notice of the council's meetings. 5 (k) Technical support.--The council may solicit and retain, 6 without compensation, individuals who are qualified by training 7 or experience to provide expert input to the council and, at the 8 discretion of the council, such individuals may be reimbursed 9 for reasonable travel expenses at a rate established by the 10 secretary. 11 (l) Compensation and expenses.--Members of the council shall 12 not receive a salary or per diem allowance for their service. 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] ICC 21 International Building Code, or its successor building code, 22 the department shall promulgate regulations adopting the new 23 code as the Uniform Construction Code[.] unless the council 24 informs the department that it should exclude any provisions 25 of the triennial code from the Uniform Construction Code. If 26 the council provides this notification, the department shall 27 submit regulations adopting the triennial code with 28 provisions omitted by the council under this section within 29 90 days following council notification. 30 (2) Subject to sections 105(c) and (d), 301(a)(3), (4), 20070H1096B2725 - 7 -
1 (5), (6) and (7), (c) and (d) and 302, by December 31 of the 2 year of issuance of a new triennial ICC [International One 3 and Two Family Dwelling Code] International Residential Code, 4 or its successor building code, the department shall 5 promulgate regulations providing that all detached one-family 6 and two-family dwellings and one-family townhouses that are 7 not more than three stories in height and their accessory 8 structures may be designed in accordance with that code or 9 the Uniform Construction Code at the option of the building 10 permit applicant. The department shall promulgate regulations 11 adopting the new code as the Uniform Construction Code unless 12 the council informs the department that it should exclude any 13 provisions of the triennial code from the Uniform 14 Construction Code. If the council provides this notification, 15 the department shall submit regulations adopting the 16 triennial code with provisions omitted by the council under 17 this section within 90 days following council notification. 18 * * * 19 (d) Code revisions.-- 20 (1) The council may determine that any new or amended 21 provision contained in a triennial revision by the ICC to any 22 of the codes which have been adopted by regulation of the 23 department as part of the Uniform Construction Code is not, 24 in the opinion of the council, consistent with the intent and 25 purpose of this act or is otherwise inappropriate for 26 inclusion in the Uniform Construction Code. In making a 27 determination on the new or amended triennial revisions the 28 council may consider the provisions of section 102, as well 29 as other relevant factors, including, but not limited to: 30 (i) The impact that the provisions may have upon the 20070H1096B2725 - 8 -
1 health, safety and welfare of the public. 2 (ii) The economic reasonableness and financial 3 impact of the provisions. 4 (iii) The technical feasibility of the provisions. 5 (2) When adopting the latest triennial versions of the 6 ICC codes, the department shall exclude a specific new or 7 amended code provision rejected by the council under 8 paragraph (1) and shall provide that the relevant provisions 9 of the prior versions of the code shall remain in effect. 10 Section 4. Section 701(a) and (b) of the act, amended July 11 7, 2006 (P.L.1052, No.108), are amended to read: 12 Section 701. Training of inspectors. 13 (a) Training program.--The department, in consultation with 14 the advisory board, [BOCA] ICC, NCSBCS and other interested 15 parties, shall by regulation adopt a program of required 16 training and certification for all categories of code 17 administrators. This education program shall include 18 accessibility requirements contained in and referenced by the 19 Uniform Construction Code. The department may contract with 20 third parties to provide the code training and testing programs. 21 (b) Categories of inspectors.-- 22 (1) The department, in consultation with [BOCA] the ICC 23 and other interested parties, shall establish appropriate 24 categories of code administrators. 25 (2) A code administrator may act in place of a lumber 26 grading or inspection agency to satisfy the requirement set 27 forth under section 2303.1.1 of the 2003 International 28 Building Code or its successor code or section R404.2.1, 29 R502.1, R602.1 or R802.1 of the 2003 International 30 Residential Code for One- and Two-Family Dwellings or its 20070H1096B2725 - 9 -
1 successor code. 2 * * * 3 Section 5. This act shall take effect in 60 days. C30L35JAM/20070H1096B2725 - 10 -