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PRINTER'S NO. 735
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
635
Session of
2015
INTRODUCED BY EVANKOVICH, HEFFLEY, GODSHALL, HELM, MAHONEY AND
MOUL, FEBRUARY 26, 2015
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 26, 2015
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," in preliminary provisions,
further providing for Uniform Construction Code Review and
Advisory Council; in Uniform Construction Code, further
providing for revised or successor codes; and, in training
and certification of inspectors, further providing for
education and training programs.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 107(b)(3), (b.1), (f), (j), (k) and (l)
and 304(a)(1) and (3) of the act of November 10, 1999 (P.L.491,
No.45), known as the Pennsylvania Construction Code Act, amended
or added October 9, 2008 (P.L.1386, No.106) and April 25, 2011
(P.L.1, No.1), are amended to read:
Section 107. Uniform Construction Code Review and Advisory
Council.
* * *
(b) Duties.--The council shall do the following:
* * *
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(3) With the exception of the provisions of Chapter 11
and Appendix E of the International Building Code of 2009, or
its successor codes, or any other accessibility requirements
specified in regulation, contained in or referenced by the
Uniform Construction Code relating to persons with physical
disabilities, review the latest triennial code revisions
issued by the International Code Council, beginning with the
[2012] 2015 codes, as provided under subsection (b.1).
(b.1) Code review process.--
(1) Beginning with the [2012 ICC codes, the council
shall review the latest triennial code revisions upon
official publication of the codes.] 2015 ICC codes, the
council shall, every six years, conduct a comprehensive
review of the revisions contained in the last two triennial
code updates. The council may, every six years beginning with
publication of the 2018 triennial codes, conduct a limited
review of selected triennial code revisions which the council
deems to significantly improve public health, safety or
welfare.
(2) During the comprehensive review process of the
revisions contained in the last two triennial code updates
under paragraph (1), the council shall hold at least three
public hearings. One of the public hearings shall be held in
Harrisburg, one shall be held in the eastern region of this
Commonwealth and one shall be held in the western region of
this Commonwealth. During any limited review process of
selected triennial code revisions under paragraph (1), the
council shall hold at least one public hearing in Harrisburg.
(3) The council shall submit a report to the secretary
within the [12-month] 24-month period following official
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publication of the [latest] applicable triennial code
revisions under paragraph (1) with [provisions of the codes]
the code revisions that are specified for adoption[.] and
modification. Modification shall be limited to the subject
matter of revisions in the updated triennial codes and shall
be consistent with the intent and purposes of this act. Any
modified code revision shall meet or exceed the requirements
of the code provision in effect, or revision currently being
reviewed, whichever is less stringent. The [provisions]
revisions of the codes that are specified for adoption shall
be separately designated in the report.
(4) The council shall [examine triennial code revisions
applying all of the following criteria:] review triennial
code revisions as required under paragraph (1) and consider
relevant criteria, including the following :
(i) The impact that the provision may have upon the
health, safety and welfare of the public.
(ii) The economic and financial impact of the
provision.
(iii) The technical feasibility of the provision.
(5) [Only triennial code revisions that are] Code
revisions subject to review under paragraph (1) may only be
adopted or modified by a two-thirds vote of council
membership and shall be [included] specified for adoption or
modification in the report required under paragraph (3).
(6) If for technical reasons the council deems it
necessary to review a triennial code revision that was not
previously adopted and is not in a triennial code update
authorized for review under paragraph (1), the council may,
by two-thirds procedural vote of council membership, review
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the revision. The provisions of paragraphs (3), (4) and (5)
shall apply to the adoption or modification of such
revisions.
* * *
(f) Terms.--A member of the council shall serve terms of two
years and until his successor is appointed beginning July 1,
2008, except the initial term of members appointed under
subsection (c)(1), (3), (4), (5), (8), (11), (13) and (14) shall
be for three years and until their successor is appointed.
Beginning with appointments made on or after January 31, 2015,
members of the council shall serve terms of three years and
until successors are appointed. The current term of members
appointed before January 31, 2015, under subsection (c)(2), (6),
(8), (11), (16) and (17) shall be extended to three years.
* * *
(j) Administrative support.--The department shall provide a
facility for council meetings under this act, stenographic
services and required notice of the council's meetings. The
department [may] shall provide staff support [in drafting any
reports], including legal counsel to assist the council in its
duties required under this act.
(k) Technical support.--The council may solicit and retain,
[without] with compensation, [individuals] persons who are
qualified by training or experience to provide expert input to
the council [and, at the discretion of the council, such
individuals may be reimbursed for reasonable travel expenses at
a rate established by the secretary].
(l) Compensation and expenses.--Members of the council shall
not receive a salary or per diem allowance for their service[.]
but may be reimbursed, at the discretion of the chairperson, for
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reasonable travel, lodging and other necessary expenses incurred
in performing their duties.
Section 304. Revised or successor codes.
(a) Duties of department.--
(1) Subject to sections 105(c) and (d), 301(a)(3), (4),
(5), (6) and (7), (c) and (d) and 302, within [three] six
months of the receipt of the report under section 107(b.1),
the department shall promulgate final-omitted regulations
under the act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act, to adopt the [triennial code
revisions made] code revisions included in the report without
change.
* * *
(3) [Notwithstanding paragraphs (1) and (2), the] The
department shall promulgate regulations updating
accessibility standards under Chapter 3 by adopting Chapter
11 and Appendix E of the International Building Code of 2012,
or its successor, [by December 31 of the year of issuance of
the new code.] and any other accessibility requirements which
shall be specified in the regulations, or contained in or
referenced by the Uniform Construction Code relating to
persons with disabilities. If regulations are required to be
promulgated under paragraph (1), the department shall
promulgate regulations under this paragraph with the same
effective date as regulations promulgated under paragraph
(1). I f regulations are not required to be promulgated under
paragraph (1), the department shall promulgate regulations
under this paragraph within 30 months after the official
publication of the latest triennial code revisions .
* * *
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Section 2. Section 703(b) and (c) of the act, amended
November 29, 2006 (P.L.1440, No.157), are amended and the
section is amended by adding a subsection to read:
Section 703. Education and training programs.
* * *
(b) [Training accounts] Accounts.--There [is] are hereby
established within the State Treasury [two] three restricted
accounts which shall be known as the Municipal Code Official
Training Account, the Review and Advisory Council Administration
Account and the Construction Contractor Training Account.
(c) Deposit.--
(1) Moneys collected as authorized under subsection (a)
shall be transmitted quarterly to the State Treasury and
shall be equally divided and deposited in the accounts
established in subsection (b)[.] as follows:
(i) forty-five percent of the moneys shall be
deposited in the Municipal Code Official Training
Account;
(ii) forty-five percent of the moneys shall be
deposited in the Construction Contractor Training
Account; and
(iii) ten percent of the moneys shall be deposited
in the Review and Advisory Council Administration
Account.
(2) Moneys so deposited under subparagraphs (i) and
(ii) are hereby equally appropriated on approval of the
Governor to the Department of Community and Economic
Development for the purpose of education and training
programs provided by the Pennsylvania Construction Codes
Academy for municipal code officials and individuals employed
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by third-party agencies under contract to a municipality and
to a Pennsylvania-based housing research center located at a
land grant university for the construction industry. To
assure the programs meet the needs of the construction
industry, the education, training and other activities
provided by such a housing research center shall be approved
by its industry advisory committee.
(d) Review and Advisory Council Administration expenses.--
Moneys collected as authorized under subsection (a) and
deposited in the Review and Advisory Council Administration
Account shall be transmitted quarterly to the Department of
Labor and Industry for expenses of the Review and Advisory
Council as authorized in section 107(l), for technical
assistance as provided for in section 107(k) and administrative
assistance as provided for in section 107(j), as determined
necessary by the council as funds are available.
Section 3. This act shall take effect as follows:
(1) The amendment or addition of section 703(b), (c) and
(d) shall take effect July 1, 2015, or immediately, whichever
is later.
(2) The remainder of this act shall take effect
immediately.
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