AN ACT

 

1Amending the act of November 10, 1999 (P.L.491, No.45), entitled<-
2"An act establishing a uniform construction code; imposing
3powers and duties on municipalities and the Department of
4Labor and Industry; providing for enforcement; imposing
5penalties; and making repeals," further providing for the
6duties of the council, for revised or successor codes and for
7education and training programs.<-

8Amending the act of November 10, 1999 (P.L.491, No.45), entitled<-
9"An act establishing a uniform construction code; imposing
10powers and duties on municipalities and the Department of
11Labor and Industry; providing for enforcement; imposing
12penalties; and making repeals," in preliminary provisions,
13further providing for Uniform Construction Code Review and
14Advisory Council; in Uniform Construction Code, further
15providing for revised or successor codes; by municipalities,
16further providing for administration and enforcement; and, in
17training and certification of inspectors, further providing
18for education and training programs.

19The General Assembly of the Commonwealth of Pennsylvania
20hereby enacts as follows:

21Section 1. Section 107(b), (b.1), (c), (f), (j) and (l) of<-
22the act of November 10, 1999 (P.L.491, No.45), known as the
23Pennsylvania Construction Code Act, amended or added October 9,

12008 (P.L.1386, No.106) and April 25, 2011 (P.L.1, No.1), are
2amended to read:

3Section 107. Uniform Construction Code Review and Advisory
4Council.

5* * *

6(b) Duties.--The council shall do the following:

7(1) Gather information from municipal officers, building
8code officials, construction code officials, licensed design
9professionals, builders and property owners concerning issues
10with the Uniform Construction Code raised by council members
11or changes proposed by members of the General Assembly.

12(2) Evaluate the information compiled under paragraph
13(1) and make recommendations to the following:

14(i) The Governor.

15(ii) The Secretary of Labor and Industry.

16(iii) The members of any legislative committee
17considering amendments to this act.

18(iv) The President pro tempore of the Senate.

19(v) The Speaker of the House of Representatives.

20(vi) The Code Development Councils of the
21International Code Council.

22(3) With the exception of the provisions of Chapter 11
23and Appendix E of the International Building Code of 2009, or
24its successor codes, or any other accessibility requirements
25which shall be specified in the regulations contained in or
26referenced by the Uniform Construction Code relating to
27persons with physical disabilities, review the [latest
28triennial code revisions issued by the International Code
29Council, beginning with the 2012 codes,] provisions revised
30in published International Code Council updates subsequent to

1the latest Pennsylvania Uniform Construction Code adoption,
2as provided under subsection (b.1).

3(b.1) Code review process.--

4(1) Beginning with the [2012 ICC codes, the council
5shall review the latest triennial code revisions upon
6official publication of the codes.] 2015 ICC codes, the
7council shall review the <-provisions revised in published
8International Code Council updates subsequent to the latest
9Pennsylvania Uniform Construction Code adoption upon official
10publication of the codes<-.

11(2) During the review process, the council shall hold at
12least three public hearings. One of the public hearings shall
13be held in Harrisburg, one shall be held in the eastern
14region of this Commonwealth and one shall be held in the
15western region of this Commonwealth.

16(3) The council shall submit a report to the secretary
17within the [12-month] 24-month period following official
18publication of the latest triennial code revisions under
19paragraph (1) with provisions of the codes that are specified
20for adoption[.] and which provisions are specified for
21modification. Modification shall be limited to the subject
22matter of the provisions of the latest triennial code
23revisions and shall be consistent with the intent and
24purposes of this act. The provisions of the codes that are
25specified for [adoption] rejection shall be separately
26designated in the report.

27(4) The council shall examine triennial code revisions
28and modifications by applying all of the following criteria:

29(i) The impact that the provision may have upon the
30health, safety and welfare of the public.

1(ii) The economic and financial impact of the
2provision.

3(iii) The technical feasibility of the provision.

4(iv) The requirement that the provision, if modified
5by the council, must meet or exceed the Uniform
6Construction Code provision currently in effect.

7(5) Only [triennial code revisions<-] provisions revised
8in published International Code Council updates subsequent to
9the latest Pennsylvania Uniform Construction Code adoption
10and modifications that are adopted by a two-thirds vote of
11council membership shall be included in the report required
12under paragraph (3).<-

13(c) Composition.--The council shall consist of the following
14members appointed by the Governor:

15(1) A general contractor from an association
16representing the residential construction industry who has
17recognized ability and experience in the construction of new
18residential buildings.

19(2) A general contractor from an association
20representing the nonresidential construction industry who has
21recognized ability and experience in the construction of
22nonresidential buildings.

23(3) A Uniform Construction Code-certified residential
24building inspector who possesses all five residential
25certifications from an association representing building code
26officials who has experience administering and enforcing
27residential codes.

28(4) A Uniform Construction Code-certified building
29inspector who possesses all nonresidential inspection
30certifications, but need not possess a fire inspector

1certification, or a certified plans examiner who also holds
2an accessibility certification from an association
3representing building code officials who has experience
4administering and enforcing nonresidential codes.

5(5) A Uniform Construction Code-certified fire inspector
6from an association representing building code officials.

7(6) A Uniform Construction Code-certified building code
8official from an association representing building code
9officials with building code official certification.

10(7) A residential contractor from an association
11representing contractors engaged in remodeling residential
12buildings who has recognized ability and experience in
13remodeling residential and nonresidential buildings.

14(8) A licensed architect from an association
15representing architects who has recognized ability and
16experience in the design and construction of nonresidential
17buildings.

18(9) A licensed architect from an association
19representing architects who has recognized ability and
20experience in the design and construction of residential
21buildings.

22(10) A licensed structural engineer from an association
23representing professional engineers who has recognized
24ability and experience in the design and construction of
25buildings.

26(11) A licensed mechanical engineer specializing in HVAC
27systems from an association representing professional
28engineers who has recognized ability and experience in the
29design and construction of buildings.

30(12) A licensed mechanical engineer specializing in

1plumbing and fire protection from an association representing
2professional engineers who has recognized ability and
3experience in the design and construction of buildings.

4(13) A licensed electrical engineer from an association
5representing professional engineers who has recognized
6ability and experience in the design and construction of
7buildings.

8(14) An elected official of a township of the second
9class who has recognized ability and experience in
10construction of buildings.

11(15) An elected borough official who has recognized
12ability and experience in construction of buildings.

13(16) An elected official of a third class city who has
14recognized ability and experience in the construction of
15buildings.

16(17) An individual from an association representing
17manufactured housing who shall be knowledgeable, licensed or
18certified to sell and install manufactured housing.

19(18) An official of a city of the first class who has
20recognized ability and experience in the administration and
21enforcement of this act.

22(19) An individual from an association representing only
23modular housing manufacturers who is knowledgeable, licensed
24or certified under the act of May 11, 1972 (P.L.286, No.70),
25known as the Industrialized Housing Act, to manufacture and
26sell modular homes in Pennsylvania.

27(20) An architect or engineer specializing in building 
28energy efficiency.

29At least one of the inspectors appointed to the council shall be
30a municipal employee, and at least one inspector shall be a

1third-party private sector inspector.

2* * *

3(f) Terms.--A member of the council shall serve terms of
4[two] three years and until his successor is appointed beginning
5July 1, 2008, except the initial term of members appointed under
6subsection (c)(1), (3), (4), (5), (8), (11), (13) and (14) shall
7be for three years and until their successor is appointed.

8* * *

9(j) Administrative support.--The department shall provide a
10facility for council meetings under this act, stenographic
11services and required notice of the council's meetings. The
12department [may] shall provide staff support to assist the
13council in its duties required by subsection (b.1)(4) and in
14drafting any reports required under this act.

15* * *

16(l) Compensation and expenses.--Members of the council shall
17not receive a salary [or per diem allowance for their service]
18but shall be entitled to <-reimbursement for reasonable travel,
19hotel and other necessary expenses incurred in performing their
20duties.

21Section 2. Section 304 of the act, amended April 5, 2011
22(P.L.1, No.1), is amended to read:

23Section 304. Revised or successor codes.

24(a) Duties of department.--

25(1) Subject to sections 105(c) and (d), 301(a)(3), (4),
26(5), (6) and (7), (c) and (d) and 302, within [three] 12
27months of the receipt of the report under section 107(b.1),
28the department shall promulgate final-omitted regulations
29under the act of June 25, 1982 (P.L.633, No.181), known as
30the Regulatory Review Act, to adopt the <-[triennial code

1revisions<-] provisions revised in published International Code
2Council updates subsequent to the latest Pennsylvania Uniform
3Construction Code adoption and modifications made in the
4report without change.

5(2) Regulations promulgated under this subsection are
6exempt from:

7(i) section 205 of the act of July 31, 1968
8(P.L.769, No.240), referred to as the Commonwealth
9Documents Law; and

10(ii) sections 204(b) and 301(10) of the act of
11October 15, 1980 (P.L.950, No.164), known as the
12Commonwealth Attorneys Act.

13(3) Notwithstanding paragraphs (1) and (2), the
14department shall promulgate regulations updating
15accessibility standards under Chapter 3 by adopting Chapter
1611 and Appendix E of the International Building Code of 2012,
17or its successor, <-or any other accessibility requirements
18which shall be specified in the regulations, contained in or
19referenced by the Uniform Construction Code relating to
20persons with disabilities, by December 31 of the year [of<-]
21following the issuance of the new code.

22(a.1) Continuity.--If [a triennial revision is<-] the
23provisions revised in published International Code Council
24updates subsequent to the latest Pennsylvania Uniform
25Construction Code adoption are not adopted under section
26107(b.1)(5), the relevant provisions of the <-[prior version of
27the codes<-] the latest Pennsylvania Uniform Construction Code
28shall remain in effect.

29(c) Prior permits and construction.--

30(1) A construction permit issued under valid

1construction regulations prior to the effective date of
2regulations for a subsequent Uniform Construction Code or
3International Fuel Gas Code issued under this act shall
4remain valid, and the construction of any building or
5structure may be completed pursuant to and in accordance with
6the permit.

7(2) If the permit has not been actively prosecuted
8within two years of the effective date of the regulation or
9the period specified by a municipal ordinance, whichever is
10less, the former permitholder shall be required to acquire a
11new permit.

12(3) Where construction of a building or structure
13commenced before the effective date of the regulations for a
14subsequent Uniform Construction Code or International Fuel
15Gas Code issued under this act and a permit was not required
16at that time, construction may be completed without a permit.

17Section 3. Section 703 of the act, amended November 29, 2006
18(P.L.1440, No.157), is amended to read:

19Section 703. Education and training programs.

20(a) Fee.--Municipalities administering and enforcing this
21act under section 501(a) and third-party agencies providing
22services under section 501(e) shall assess a fee of [$4] $5 on
23each construction or building permit issued under the authority
24of this act. The fee shall be in addition to any other fee
25imposed for the permit.

26(b) [Training accounts] Accounts.--There is hereby
27established within the State Treasury [two] three restricted
28accounts which shall be known as the Municipal Code Official
29Training Account, the Review and Advisory Council Administration
30Account and the Construction Contractor Training Account.

1(c) Deposit.--Moneys collected as authorized under
2subsection (a) shall be transmitted quarterly to the State
3Treasury and shall be [equally] divided and deposited in the
4accounts established in subsection (b)[.] as follows:

5(1) forty percent of the moneys shall be deposited in
6the Municipal Code Official Training Account;

7(2) forty percent of the moneys shall be deposited in
8the Construction Contractor Training Account; and

9(3) twenty percent of the moneys shall be deposited in
10the Review and Advisory Council Administration Account.

11Moneys so deposited <-under paragraphs (1) and (2) are hereby
12equally appropriated on approval of the Governor to the
13Department of Community and Economic Development for the purpose
14of education and training programs provided by the Pennsylvania
15Construction Codes Academy for municipal code officials and
16individuals employed by third-party agencies under contract to a
17municipality and to a Pennsylvania-based housing research center
18located at a land grant university for the construction
19industry. To assure the programs meet the needs of the
20construction industry, the education, training and other
21activities provided by such a housing research center shall be
22approved by its industry advisory committee.

23(d) Review and Advisory Council Administration expenses.--
24Moneys collected as authorized under subsection (a) and
25deposited in the Review and Advisory Council Administration
26Account shall be transmitted quarterly to the Department of
27Labor and Industry for expenses of the Review and Advisory
28Council as authorized in section 107(l) and for technical
29assistance as provided for in section 107(k) and administrative
30assistance as determined necessary by the council and the

1department.

2Section 4. This act shall take effect in 60 days.

3Section 1. Sections 107(b)(3), (b.1), (c), (f), (j), (k) and<-
4(l) and 304(a)(1) and (3) of the act of November 10, 1999
5(P.L.491, No.45), known as the Pennsylvania Construction Code
6Act, amended or added October 9, 2008 (P.L.1386, No.106) and
7April 25, 2011 (P.L.1, No.1), are amended to read:

8Section 107. Uniform Construction Code Review and Advisory
9Council.

10* * *

11(b) Duties.--The council shall do the following:

12* * *

13(3) With the exception of the provisions of Chapter 11
14and Appendix E of the International Building Code of 2009, or
15its successor codes, or any other accessibility requirements
16which shall be specified through regulation, contained in or
17referenced by the Uniform Construction Code relating to
18persons with physical disabilities, review the latest
19triennial code revisions issued by the International Code
20Council, [beginning with the 2012 codes] and provisions of 
21previous triennial code revisions that were not adopted as 
22part of the Uniform Construction Code, as provided under
23subsection (b.1).

24(b.1) Code review process.--

25(1) Beginning with the [2012] 2015 ICC codes, the 
26council shall review the latest triennial code revisions upon 
27official publication of the codes[.] and provisions of any 
28previous triennial code revisions that were not adopted as 
29part of the Uniform Construction Code.

30(2)  During the review process, the council shall hold at

1least three public hearings. One of the public hearings shall
2be held in Harrisburg, one shall be held in the eastern
3region of this Commonwealth and one shall be held in the
4western region of this Commonwealth.

5(3) The council shall submit a report to the secretary 
6within the [12-month] 24-month period following official 
7publication of the latest triennial code revisions under 
8paragraph (1) with provisions [of the codes] that are 
9specified for adoption[.] and with provisions that are 
10specified for modification. Modification shall be limited to 
11the subject matter of provisions revised in triennial code 
12updates and shall be consistent with the intent and purposes 
13of this act. Any provision modified must meet or exceed the 
14code provision in effect, or currently being reviewed, 
15whichever is less stringent. The provisions of the codes that 
16are specified for adoption shall be separately designated in 
17the report.

18(4) The council shall [examine triennial code revisions
19applying all of] review provisions as required under 
20paragraph (1) regarding rejection or modification. The 
21council shall consider the following criteria:

22(i) The impact that the provision may have upon the
23health, safety and welfare of the public.

24(ii) The economic and financial impact of the
25provision.

26(iii) The technical feasibility of the provision.

27(5) [Only triennial code revisions that are] Provisions 
28subject to review under paragraph (1) may only be adopted or 
29modified by a two-thirds vote of council membership and shall 
30be [included] specified for adoption or modification in the
 

1report required under paragraph (3).

2(c) Composition.--The council shall consist of the following
3members appointed by the Governor:

4(1)  A general contractor from an association
5representing the residential construction industry who has
6recognized ability and experience in the construction of new
7residential buildings.

8(2)  A general contractor from an association
9representing the nonresidential construction industry who has
10recognized ability and experience in the construction of
11nonresidential buildings.

12(3)  A Uniform Construction Code-certified residential
13building inspector who possesses all five residential
14certifications from an association representing building code
15officials who has experience administering and enforcing
16residential codes.

17(4)  A Uniform Construction Code-certified building
18inspector who possesses all nonresidential inspection
19certifications, but need not possess a fire inspector
20certification, or a certified plans examiner who also holds
21an accessibility certification from an association
22representing building code officials who has experience
23administering and enforcing nonresidential codes.

24(5)  A Uniform Construction Code-certified fire inspector
25from an association representing building code officials.

26(6)  A Uniform Construction Code-certified building code
27official from an association representing building code
28officials with building code official certification.

29(7)  A residential contractor from an association
30representing contractors engaged in remodeling residential

1buildings who has recognized ability and experience in
2remodeling residential and nonresidential buildings.

3(8)  A licensed architect from an association
4representing architects who has recognized ability and
5experience in the design and construction of nonresidential
6buildings.

7(9)  A licensed architect from an association
8representing architects who has recognized ability and
9experience in the design and construction of residential
10buildings.

11(10)  A licensed structural engineer from an association
12representing professional engineers who has recognized
13ability and experience in the design and construction of
14buildings.

15(11)  A licensed mechanical engineer specializing in HVAC
16systems from an association representing professional
17engineers who has recognized ability and experience in the
18design and construction of buildings.

19(12)  A licensed mechanical engineer specializing in
20plumbing and fire protection from an association representing
21professional engineers who has recognized ability and
22experience in the design and construction of buildings.

23(13)  A licensed electrical engineer from an association
24representing professional engineers who has recognized
25ability and experience in the design and construction of
26buildings.

27(14)  An elected official of a township of the second
28class who has recognized ability and experience in
29construction of buildings.

30(15)  An elected borough official who has recognized

1ability and experience in construction of buildings.

2(16)  An elected official of a third class city who has
3recognized ability and experience in the construction of
4buildings.

5(17)  An individual from an association representing
6manufactured housing who shall be knowledgeable, licensed or
7certified to sell and install manufactured housing.

8(18)  An official of a city of the first class who has
9recognized ability and experience in the administration and
10enforcement of this act.

11(19)  An individual from an association representing only
12modular housing manufacturers who is knowledgeable, licensed
13or certified under the act of May 11, 1972 (P.L.286, No.70),
14known as the Industrialized Housing Act, to manufacture and
15sell modular homes in Pennsylvania.

16At least one of the inspectors appointed to the council shall be
17a municipal employee, and at least one inspector shall be a
18third-party private sector inspector. At least two of the 
19individuals appointed under paragraphs (8), (9), (11) and (13) 
20shall have recognized ability and experience in building energy 
21efficiency.

22* * *

23(f) Terms.--A member of the council shall serve terms of two
24years and until his successor is appointed beginning July 1,
252008, except the initial term of members appointed under
26subsection (c)(1), (3), (4), (5), (8), (11), (13) and (14) shall
27be for three years and until their successor is appointed.
28Beginning with appointments made on or after January 31, 2015, 
29members of the council shall serve terms of three years and 
30until successors are appointed. The current term of members
 

1appointed prior to January 31, 2015, under subsection (c)(2), 
2(6), (10), (11), (16) and (17) shall be extended to three years.

3* * *

4(j) Administrative support.--The department shall provide a
5facility for council meetings under this act, stenographic
6services and required notice of the council's meetings. The
7department may provide staff support in drafting [any reports
8required], including legal counsel, to assist the council in its 
9duties under this act.

10(k) Technical support.--The council may solicit and retain[,
11without compensation, individuals] persons who are qualified by
12training or experience to provide expert input to the council
13and, at the discretion of the council, such [individuals]
14persons may be reimbursed for reasonable travel expenses at a
15rate established by the secretary.

16(l) Compensation and expenses.--Members of the council shall
17not receive a salary or per diem allowance for their service but 
18may be reimbursed for reasonable travel, lodging and other 
19necessary expenses incurred in performing their duties.

20Section 304. Revised or successor codes.

21(a) Duties of department.--

22(1) Subject to sections 105(c) and (d), 301(a)(3), (4),
23(5), (6) and (7), (c) and (d) and 302, within [three] six
24months of the receipt of the report under section 107(b.1),
25the department shall promulgate final-omitted regulations
26under the act of June 25, 1982 (P.L.633, No.181), known as
27the Regulatory Review Act, to adopt the [triennial code
28revisions made] provisions included in the report without
29change.

30* * *

1(3)  [Notwithstanding paragraphs (1) and (2), the] The 
2department shall promulgate regulations updating
3accessibility standards under Chapter 3 by adopting Chapter
411 and Appendix E of the International Building Code of 2012,
5or its successor, [by December 31 of the year of issuance of
6the new code.] or any other accessibility requirements which 
7shall be specified in the regulations or contained in or 
8referenced by the Uniform Construction Code relating to 
9persons with disabilities, with the same effective date as 
10regulations promulgated under paragraph (1).

11* * *

12Section 2. Section 703(b) and (c) of the act, amended
13November 29, 2006 (P.L.1440, No.157), are amended and the
14section is amended by adding a subsection to read:

15Section 703. Education and training programs.

16* * *

17(b) [Training accounts] Accounts.--There is hereby
18established within the State Treasury [two] three restricted
19accounts which shall be known as the Municipal Code Official
20Training Account, the Review and Advisory Council Administration 
21Account and the Construction Contractor Training Account.

22(c) Deposit.--

23(1) Moneys collected as authorized under subsection (a)
24shall be transmitted quarterly to the State Treasury and
25shall be equally divided and deposited in the accounts
26established in subsection (b)[.] as follows:

27(i) forty-five percent of the moneys shall be
28deposited in the Municipal Code Official Training
29Account;

30(ii) forty-five percent of the moneys shall be

1deposited in the Construction Contractor Training
2Account; and

3(iii) ten percent of the moneys shall be deposited
4in the Review and Advisory Council Administration
5Account.

6(2) Moneys so deposited under subparagraphs (i) and (ii)
7are hereby equally appropriated on approval of the Governor
8to the Department of Community and Economic Development for
9the purpose of education and training programs provided by
10the Pennsylvania Construction Codes Academy for municipal
11code officials and individuals employed by third-party
12agencies under contract to a municipality and to a
13Pennsylvania-based housing research center located at a land
14grant university for the construction industry. To assure the
15programs meet the needs of the construction industry, the
16education, training and other activities provided by such a
17housing research center shall be approved by its industry
18advisory committee.

19(d) Review and Advisory Council Administration expenses.--
20Moneys collected as authorized under subsection (a) and
21deposited in the Review and Advisory Council Administration
22Account shall be transmitted quarterly to the Department of
23Labor and Industry for expenses of the Review and Advisory
24Council as authorized in section 107(l), for technical
25assistance as provided for in section 107(k) and administrative
26assistance as provided for in section 107(j), as determined
27necessary by the council as funds are available.

28Section 3. This act shall take effect as follows:

29(1) This section shall take effect immediately.

30(2) The remainder of this act shall take effect in 60

1days.