THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BOYD, BENNINGHOFF, PHILLIPS, BAKER, BEAR, CALTAGIRONE, CARROLL, CASORIO, CUTLER, EVERETT, FABRIZIO, GEORGE, GERGELY, GIBBONS, GOODMAN, GRUCELA, HALUSKA, HORNAMAN, HUTCHINSON, KORTZ, MILLARD, MOUL, MUSTIO, PICKETT, RAPP, READSHAW, REICHLEY, ROCK, ROHRER AND SIPTROTH, APRIL 3, 2009

REFERRED TO COMMITTEE ON LABOR RELATIONS, APRIL 3, 2009  

AN ACT

Amending the act of November 10, 1999 (P.L.491, No.45), entitled

"An act establishing a uniform construction code; imposing

powers and duties on municipalities and the Department of

Labor and Industry; providing for enforcement; imposing

penalties; and making repeals," further providing for

definitions and for administration and enforcement; and

providing for applicability.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "board of appeals" in section

103 of the act of November 10, 1999 (P.L.491, No.45), known as

the Pennsylvania Construction Code Act, is amended to read:

Section 103.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Board of appeals."  The body created by a municipality or

more than one municipality to consider variance requests, to

consider extensions of time and to hear appeals from decisions

of the code administrator as provided for by Chapter 1 of the

1999 Building Officials and Code Administrators International,

Inc., National Building Code, Fourteenth Edition.

* * *

Section 2.  Section 501(c)(1) and (2) of the act, amended

November 29, 2006 (P.L.1440, No.157), are amended to read:

Section 501.  Administration and enforcement.

* * *

(c)  Board of appeals.--

(1)  A municipality which has adopted an ordinance for

the administration and enforcement of this act or

municipalities which are parties to an agreement for the

joint administration and enforcement of this act shall

establish a board of appeals [as provided by Chapter 1 of the

1999 BOCA National Building Code, Fourteenth Edition, to hear

appeals from decisions of the code administrator]. Members of

the municipality's governing body may not serve as members of

the board of appeals.

(2)  [An application for appeal shall be based on a claim

that the true intent of this act or regulations legally

adopted under this act have been incorrectly interpreted, the

provisions of this act do not fully apply or an equivalent

form of construction is to be used.] A board of appeals shall

consider variance requests, requests for extensions of time

and appeals of decisions of code administrators. Appeals of

code administrators decisions must be based on a claim that

the decision meets any of the following criteria:

(i)  The decision contravenes the true intent of the

act.

(ii)  The Uniform Construction Code was incorrectly

interpreted by the code administrator.

(iii)  The Uniform Construction Code does not apply

to the subject of the decision.

(iv)  The requirements of the Uniform Construction

Code impose an impracticable or unreasonable burden for

which an exemption that poses no public safety hazard

should be granted from the Uniform Construction Code.

(v)  An equivalent form of construction can be used

for the subject of the decision.

(vi)  The Uniform Construction Code imposes a

requirement which violates the basic tenets of a

recognized religious sect for which an exemption that

poses no public safety hazard should be granted from the

Uniform Construction Code.

* * *

Section 3.  The amendment of section 501(c)(1) and (2) of the

act shall apply to appeals filed on or after the effective date

of this section.

Section 4.  This act shall take effect in 60 days.