PRIOR PRINTER'S NO. 3066
PRINTER'S NO. 3865
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1945
Session of
2015
INTRODUCED BY DELOZIER, KOTIK, HELM, MURT, V. BROWN, GERGELY,
PHILLIPS-HILL, MAHER, NEILSON, ZIMMERMAN, RAPP, A. HARRIS AND
SCHEMEL, APRIL 4, 2016
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
SEPTEMBER 19, 2016
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 DEFINITIONS; IN ADOPTION AND
ENFORCEMENT BY MUNICIPALITIES, FURTHER PROVIDING FOR
ADMINISTRATION AND ENFORCEMENT; AND, in training and
certification of inspectors, further providing for training
of inspectors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 701 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 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
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CONTEXT CLEARLY INDICATES OTHERWISE:
* * *
"BOARD OF APPEALS." THE BODY CREATED BY A MUNICIPALITY OR
MORE THAN ONE MUNICIPALITY 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] THE DEPARTMENT
THROUGH REGULATION.
* * *
SECTION 2. SECTION 501(C) OF THE ACT, AMENDED NOVEMBER 29,
2006 (P.L.1440, NO.157) AND OCTOBER 24, 2012 (P.L.1433, NO.179),
IS 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 OR DESIGNATE A BOARD OF APPEALS AS PROVIDED BY
[CHAPTER 1 OF THE 1999 BOCA NATIONAL BUILDING CODE,
FOURTEENTH EDITION,] THE DEPARTMENT THROUGH REGULATION 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. A MUNICIPALITY MAY ESTABLISH
A BOARD OF APPEALS OR MAY ESTABLISH OR DESIGNATE A JOINT
BOARD OF APPEALS IN ACCORDANCE WITH 53 PA.C.S. CH. 23 SUBCH.
A (RELATING TO INTERGOVERNMENTAL COOPERATION).
(2) AN APPLICATION FOR APPEAL SHALL BE BASED ON A CLAIM
THAT THE TRUE INTENT OF THIS ACT OR REGULATIONS LEGALLY
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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.
(3) WHEN A MUNICIPALITY CANNOT FIND PERSONS TO SERVE ON
A BOARD OF APPEALS WHO MEET THE MINIMUM QUALIFICATIONS [OF
CHAPTER 1 OF THE BOCA NATIONAL BUILDING CODE] ESTABLISHED BY
THE DEPARTMENT, THE MUNICIPALITY MAY FILL A POSITION ON THE
BOARD WITH A QUALIFIED PERSON WHO RESIDES OUTSIDE OF THE
MUNICIPALITY.
(4) THE FEE FOR AN APPEAL TO THE BOARD OF APPEALS FOR A
MUNICIPALITY THAT IS ADMINISTERING AND ENFORCING THIS ACT
SHALL NOT EXCEED ACTUAL COSTS OF THE PUBLIC NOTICE OF THE
HEARING, APPEARANCE FEE FOR THE COURT REPORTER AND
ADMINISTRATIVE FEES AS NECESSARY.
(5) IN THE CASE OF AN APPEAL OR REQUEST FOR VARIANCE OR
EXTENSION OF TIME INVOLVING THE CONSTRUCTION OF A ONE-FAMILY
OR TWO-FAMILY RESIDENTIAL BUILDING, THE BOARD OF APPEALS
SHALL CONVENE A HEARING WITHIN 30 DAYS OF THE APPEAL. THE
BOARD OF APPEALS SHALL RENDER A WRITTEN DECISION TO THE
PARTIES WITHIN FIVE BUSINESS DAYS, OR WITHIN TEN BUSINESS
DAYS IN CITIES OF THE FIRST CLASS, OF THE LAST HEARING. IF
THE BOARD OF APPEALS FAILS TO ACT WITHIN THE TIME PERIOD
UNDER THIS PARAGRAPH, THE APPEAL SHALL BE DEEMED GRANTED.
* * *
SECTION 3. SECTION 701 OF THE ACT IS AMENDED BY ADDING A
SUBSECTION TO READ:
Section 701. Training of inspectors.
* * *
(l) Trainee classification.--
(1) The department may by regulation establish a
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separate trainee classification for each certification
category.
(2) The trainee classification shall be considered
optional for all individuals seeking certification under this
act.
(3) An applicant for trainee classification shall secure
the sponsorship of an individual certified in each category
for which the trainee seeks certification. Each sponsor shall
be verified by an affidavit form provided by the department.
(4) A trainee classification is nonrenewable and shall
be limited to a:
(i) two-year time period for residential and
accessibility certification categories; and
(ii) three-year time period for all other
certification categories.
(5) Individuals with trainee classifications may perform
all LEARN the duties of a certified individual while under
the supervision of a sponsor described in paragraph (3).
(6) The department may establish fees and applications
and registration procedures to establish the trainee
classification system. Individuals with trainee
classifications shall be listed on the department's publicly
accessible Internet website.
Section 2 4. This act shall take effect in 60 days.
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