THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ROBBINS, ALLOWAY, ARGALL, EARLL, FOLMER, KASUNIC, PICCOLA, SMUCKER, WARD, D. WHITE, M. WHITE AND YAW, JULY 6, 2009

REFERRED TO LABOR AND INDUSTRY, JULY 6, 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

adoption of regulations, for changes in the Uniform

Construction Code and for exemptions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 301 of the act of November 10, 1999

(P.L.491, No.45), known as the Pennsylvania Construction Code

Act, is amended by adding a subsection to read:

Section 301.  Adoption by regulations.

* * *

(e)  Application of ICC codes.--All ICC codes adopted by

department regulations as part of the Uniform Construction Code

other than the International Building Code and International

Residential Code shall be part of the Uniform Construction Code

only to the extent referenced in the International Building Code

or International Residential Code.

Section 2.  Section 503(c) and (j) of the act, amended

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

Section 503.  Changes in Uniform Construction Code.

* * *

(c)  Modification of minimum requirement.--Subject to the

provisions of this act, the municipal governing body may propose

and enact an ordinance to equal or exceed the minimum

requirements of the Uniform Construction Code under the law

governing the adoption of ordinances in that jurisdiction. An

ordinance under this subsection shall not be effective nor

enforceable unless subsections (d), (e), (f), (g), (h) and (i)

have been satisfied. Municipalities may enact ordinances

pursuant to this section which adopt additional code

requirements for alterations or repairs to residential

buildings. Municipalities may enact ordinances pursuant to this

section which adopt stricter code requirements than required by

this act for the regulation of utility and miscellaneous use

structures. Any ordinance requiring fire sprinkler systems in

residential buildings adopted or enacted on or after July 1,

1999, shall provide for the design and installation of such

systems consistent with the provisions of the International

Residential Code (2009) or its successor triennial revisions.

* * *

(j)  Challenge of ordinance.--

(1)  Aggrieved parties shall have 30 days from date of

enactment of the ordinance to file a written challenge with

the department and shall serve a copy of the challenge upon

the municipality. The challenge shall state the reason or

reasons for the challenge. A municipal ordinance may not take

effect for a period of 35 days following its enactment. If a

challenge is filed in writing with the department within 30

days, the department has five business days from the end of

the 30-day filing period to notify a municipality of the

challenge. There may be no enforcement of the ordinance until

a ruling is issued by the secretary or 45 days after the

filing date of the last challenge to the ordinance, whichever

occurs first.

(2)  [The] Except as provided in paragraphs (3) and (4),

the department shall review any ordinance which would equal

or exceed the minimum requirements of the Uniform

Construction Code based on the following standards:

(i)  that certain clear and convincing local

climatic, geologic, topographic or public health and

safety circumstances or conditions justify the exception;

(ii)  the exception shall be adequate for the purpose

intended and shall meet a standard of performance equal

to or greater than that prescribed by the Uniform

Construction Code;

(iii)  the exception would not diminish or threaten

the health, safety and welfare of the public; and

(iv)  the exception would not be inconsistent with

the legislative findings and purpose described in section

102.

(3)  In the case of municipal ordinance provisions

requiring automatic fire sprinkler systems in townhouses

consistent with the provisions of the International

Residential Code, in all or specified geographic areas of the

municipality, which do not exceed the provisions of R313.1 of

the International Residential Code (2009) or its successor

triennial provisions relating to townhouse automatic fire

sprinkler systems, the secretary shall approve such

provisions if evidence establishes that the following

standards have been met:

(i)  That no fire station is located within a five-

mile radius of any townhouse subject to the ordinance.

(ii)  That a reliable public water supply to any

townhouse unit is provided by a municipality, municipal

authority or public utility which satisfies the

requirements of section P2904.5 relating to water supply

of the International Residential Code (2009) or its

successor triennial revisions.

(4)  In the case of municipal ordinance provisions

requiring automatic fire sprinkler systems in one-family and

two-family dwellings consistent with the provisions of the

International Residential Code, in all or specified

geographic areas of the municipality, which do not exceed the

provisions of R313.2 of the International Residential Code

(2009) or its successor triennial provisions relating to one-

family and two-family dwelling automatic fire sprinkler

systems, the secretary shall approve such provisions if

evidence establishes that the following standards have been

met:

(i)  That no fire station is located within a five-

mile radius of any one-family or two-family dwelling

subject to the ordinance.

(ii)  That a reliable public water supply to any one-

family or two-family dwelling is provided by a

municipality, municipal authority or public utility which

satisfies the requirements of section P2904.5 relating to

water supply of the International Residential Code (2009)

or its successor triennial revisions.

(iii)  That certain local, climatic, geologic,

topographic or public health and safety circumstances or

conditions justify the ordinance.

(iv)  That the ordinance shall be adequate for the

purpose intended and shall meet a standard of performance

equal to or greater than that prescribed by the Uniform

Construction Code.

(v)  The ordinance would not diminish or threaten the

health, safety and welfare of the public.

(vi)  The ordinance would not be inconsistent with

the legislative findings and purpose described in section

102. The department shall take into consideration in

rendering the determination, the provision, code

development process history, purpose and intent of

relevant provisions of the International Residential Code

(2009) or its successor codes.

The department shall take into consideration, in rendering the

determination, the provision, code development process history,

purpose and intent of relevant provisions of the 1999 BOCA

National Building Code, Fourteenth Edition, ICC International

One and Two Family Dwelling Code, 1998 Edition, or their

successor codes.

* * *

Section 3.  Section 901 of the act is amended by adding a

subsection to read:

Section 901.  Exemptions.

* * *

(f)  Automatic fire sprinkler systems in residential

buildings.--

(1)  Section R313 relating to automatic fire sprinkler

systems of the International Residential Code (2009) and any

successor triennial revisions are excluded from this act and

shall not be part of the Uniform Construction Code.

Municipalities may propose and enact standards providing for

automatic fire sprinkler systems in residential buildings or

units subject to the International Residential Code pursuant

to the provisions of section 503.

(2)  A builder of a residential building or dwelling unit

subject to the International Residential Code shall offer to

a buyer of a new residential dwelling unit, at or before the

time of entering into a purchase contract, the option to

install or equip an automatic fire sprinkler system in the

building or dwelling unit at the buyer's expense. At the same

time the builder must provide a buyer with information that

explains the initial and ongoing costs of installing and

equipping an automatic fire sprinkler system in the building

or dwelling unit.

(3)  Notwithstanding the provisions of section 302 of the

International Residential Code (2009) or its successor

triennial revisions, any townhouse which does not have

sprinklers installed shall be required to be separated by

common two-hour fire-resistance rated walls if such walls do

not contain plumbing or mechanical equipment, ducts or vents

in the cavity of the common wall. The wall shall be rated for

fire exposure from both sides and shall extend to and be

tight against exterior walls and the underside of the roof

sheathing. Electrical installations shall be installed in

accordance with the Uniform Construction Code. Penetrations

shall be in accordance with the Uniform Construction Code.

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