Regular Session 2017-2018 House Bill 0409 P.N. 2155

SENATE AMENDED

PRIOR PRINTER'S NOS. 416, 1235

PRINTER'S NO. 2155

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

409

Session of

2017

INTRODUCED BY EVANKOVICH, DOWLING, GABLER, A. HARRIS, HARPER,

ZIMMERMAN, BERNSTINE, IRVIN, BENNINGHOFF, EVERETT, TURZAI,

MOUL, DUSH, MACKENZIE, ENGLISH AND ROTHMAN, FEBRUARY 8, 2017

SENATOR WARD, LABOR AND INDUSTRY, IN SENATE, AS AMENDED,

JUNE 26, 2017

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 and for Uniform

Construction Code Review and Advisory Council and providing

for review of updated sections and adoption of updated

sections into Uniform Construction Code; in Uniform

Construction Code, further providing for revised or successor

codes; in adoption and enforcement by municipalities, further

providing for administration and enforcement CHANGES IN

UNIFORM CONSTRUCTION CODE; in training and certification of

inspectors, further providing for education and training

programs; and, in exemptions, applicability and penalties,

further providing for applicability to certain buildings.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 103 of the act of November 10, 1999

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

Act, is amended by adding definitions 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

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THE PENNSYLVANIA CONSTRUCTION CODE ACT, IS AMENDED AND THE

SECTION IS AMENDED BY ADDING DEFINITIONS 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 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] REGULATIONS

PROMULGATED BY THE DEPARTMENT.

* * *

"Collective codes." The term includes:

(1) Provisions of the ICC codes specified in 34 Pa. Code

§ 403.21 (relating to Uniform Construction Code).

(2) Any other sections of the ICC codes which were

previously subject to review by the council whether or not

those sections were incorporated into the Uniform

Construction Code or specified in 34 Pa. Code § 403.21.

* * *

"Existing sections." All sections of the collective codes

that have been incorporated into the Uniform Construction Code

that are currently in effect at the time of review by the

council pursuant to section 108.

* * *

"Unopposed sections." Any and all updated sections that:

(1) Do not receive a public comment recommending

modification or rejection pursuant to section 108(a)(3)(ii).

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(2) Are not selected for further review by a technical

advisory committee pursuant to section 108(a)(3)(v).

(3) Are not selected for further review by the council

pursuant to section 108(a)(3)(ix)(A).

"Updated sections." Any and all sections of the newest

editions of the ICC codes subject to review by the council under

section 108(a)(1) that are different from, added to or deleted

from, the immediately preceding editions of the ICC codes. Each

updated section shall be referenced by the section number

assigned to such section by the ICC codes.

* * *

Section 2. Section 107 of the act is amended to read:

Section 107. Uniform Construction Code Review and Advisory

Council.

(a) Establishment.--The Uniform Construction Code Review and

Advisory Council is hereby established.

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

(1) Gather information from municipal officers, building

code officials, construction code officials, licensed design

professionals, builders [and], property owners, construction

trades and consumer representatives concerning issues with

the Uniform Construction Code raised by council members or

changes proposed by members of the General Assembly.

(2) Evaluate the information compiled under paragraph

(1) and make recommendations to the following:

(i) The Governor.

(ii) The Secretary of Labor and Industry.

(iii) The members of any legislative committee

considering amendments to this act.

(iv) The President pro tempore of the Senate.

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(v) The Speaker of the House of Representatives.

(vi) The [Code Development Councils of the]

International Code Council.

(3) With the exception of the accessibility provisions

of [Chapter 11 and Appendix E of the International Building

Code of 2009, or its successor] the most recently published

editions of ICC 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 codes] updated sections, as

provided under [subsection (b.1)] section 108, or other

sections of the collective codes, as provided under section

108(a)(1)(iii).

[(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.

(2) During the review process, 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.

(3) The council shall submit a report to the secretary

within the 12-month period following official publication of

the latest triennial code revisions under paragraph (1) with

provisions of the codes that are specified for adoption. The

provisions of the codes that are specified for adoption shall

be separately designated in the report.

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(4) The council shall examine triennial code revisions

applying all of the following criteria:

(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 adopted by a

two-thirds vote of council membership shall be included in

the report required under paragraph (3).]

following members appointed by the Governor:

(1) A general contractor from an association

representing the residential construction industry who has

recognized ability and experience in the construction of new

residential buildings.

(2) A general contractor from an association

representing the nonresidential construction industry who has

recognized ability and experience in the construction of

nonresidential buildings.

(3) A Uniform Construction Code-certified residential

building inspector who possesses all five residential

certifications from an association representing building code

officials who has experience administering and enforcing

residential codes.

(4) A Uniform Construction Code-certified building

inspector who possesses all nonresidential inspection

certifications, but need not possess a fire inspector

certification, or a certified plans examiner who also holds

an accessibility certification from an association

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representing building code officials who has experience

administering and enforcing nonresidential codes.

(5) A Uniform Construction Code-certified fire inspector

from an association representing building code officials.

(6) A Uniform Construction Code-certified building code

official from an association representing building code

officials with building code official certification.

(7) A residential contractor from an association

representing contractors engaged in remodeling residential

buildings who has recognized ability and experience in

remodeling residential and nonresidential buildings.

(8) A licensed architect from an association

representing architects who has recognized ability and

experience in the design and construction of nonresidential

buildings.

(9) A licensed architect from an association

representing architects who has recognized ability and

experience in the design and construction of residential

buildings.

(10) A licensed structural engineer from an association

representing professional engineers who has recognized

ability and experience in the design and construction of

buildings.

(11) A licensed mechanical engineer specializing in HVAC

systems from an association representing professional

engineers who has recognized ability and experience in the

design and construction of buildings.

(12) A licensed mechanical engineer specializing in

plumbing and fire protection from an association representing

professional engineers who has recognized ability and

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experience in the design and construction of buildings.

(13) A licensed electrical engineer from an association

representing professional engineers who has recognized

ability and experience in the design and construction of

buildings.

(14) An elected official of a township of the second

class who has recognized ability and experience in

construction of buildings.

(15) An elected borough official who has recognized

ability and experience in construction of buildings.

(16) An elected official of a third class city who has

recognized ability and experience in the construction of

buildings.

(17) An individual from an association representing

manufactured housing who shall be knowledgeable, licensed or

certified to sell and install manufactured housing.

(18) An official of a city of the first class who has

recognized ability and experience in the administration and

enforcement of this act.

(19) An individual from an association representing only

modular housing manufacturers who is knowledgeable, licensed

or certified under the act of May 11, 1972 (P.L.286, No.70),

known as the Industrialized Housing Act, to manufacture and

sell modular homes in Pennsylvania.] be comprised of members

who are legal residents of this Commonwealth selected as

follows:

(1) One member, appointed by the President pro tempore

of the Senate, who must be a general contractor from an

association representing the residential construction

industry and have a recognized ability and experience in the

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construction of new residential dwellings.

(2) One member, appointed by the Minority Leader of the

Senate, who must be a second or third class city official and

have recognized ability and experience in the construction of

buildings.

(3) One member, appointed by the Speaker of the House of

Representatives, who must be a general contractor from an

association representing the nonresidential construction

industry and have recognized ability and experience in the

construction of nonresidential buildings.

(4) One member, appointed by the Minority Leader of the

House of Representatives, who must have recognized ability

and experience in construction trades so as to represent

employees in the industry.

(5) Seventeen members appointed by the Governor to

include the following:

(i) One member who must be a Uniform Construction

Code-certified residential building inspector, possess

all five residential certifications from an association

representing building code officials and have experience

administering and enforcing residential codes.

(ii) One member who must be a Uniform Construction

Code-certified building inspector, who possesses all

nonresidential inspection certifications but does not

need to possess a fire inspector certification, or a

certified plans examiner, who holds an accessibility

certification from an association representing building

code officials and has experience administering and

enforcing nonresidential codes.

(iii) One member who must be a Uniform Construction

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Code-certified fire inspector from an association

representing fire code officials.

(iv) One member who must be a Uniform Construction

Code-certified building code official from an association

representing building code officials with building code

official certification.

(v) One member who must be a residential contractor

from an association representing contractors engaged in

remodeling residential buildings and have recognized

ability and experience in remodeling residential and

nonresidential buildings.

(vi) One member who must be a licensed architect

from an association representing architects and have

recognized ability and experience in the design and

construction of nonresidential buildings.

(vii) One member who must be a licensed architect

from an association representing architects and have

recognized ability and experience in the design and

construction of residential buildings.

(viii) One member who must be a licensed structural

engineer from an association representing professional

engineers and have recognized ability and experience in

the design and construction of buildings.

(ix) One member who must be a licensed mechanical

engineer specializing in HVAC systems from an association

representing professional engineers and have recognized

ability and experience in the design and construction of

buildings.

(x) One member who must be a licensed mechanical

engineer specializing in plumbing and fire protection

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from an association representing professional engineers

and have recognized ability and experience in the design

and construction of buildings.

(xi) One member who must be a licensed electrical

engineer from an association representing professional

engineers and have recognized ability and experience in

the design and construction of buildings.

(xii) One member who must be a public official of a

borough and have recognized ability and experience in the

construction of buildings.

(xiii) One member from an association representing

manufactured housing who must be knowledgeable, licensed

or certified to sell and install manufactured housing.

(xiv) One member who must be a first class city

official and have recognized ability and experience in

the administration and enforcement of this act.

(xv) One member from an association representing

only modular housing manufacturers who must be

knowledgeable, licensed or certified under the act of May

11, 1972 (P.L.286, No.70), known as the Industrialized

Housing Act, to manufacture and sell modular homes in

this Commonwealth.

(xvi) One member who is a public official of a

township of the second class and has recognized ability

and experience in the construction of buildings.

(xvii) One member from an association representing

commercial building owners who has recognized ability and

experience in the construction and renovation of

nonresidential buildings.

At least one of the inspectors appointed to the council shall be

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a municipal employee, and at least one inspector shall be a

third-party private sector inspector. All members shall present

documentation to the secretary that they meet the qualifications

of their THE MEMBER'S appointment and the secretary shall

maintain the documentation for public inspection.

(d) Vacancies.--Vacancies on the council shall be filled in

the [same] manner [in which they were originally designated]

provided under subsection (c) within [30] 90 business days of

the vacancy. If the [Governor] appointing authority fails to act

within [30] 90 business days, the council chairperson shall

appoint an individual to fill the vacancy.

(e) Removal.--Council members who miss three or more

consecutive meetings or who miss three or more meetings of a

technical advisory committee to which they have been appointed,

may be removed from the council and any technical advisory

committees to which they have been appointed and a new council

member shall be appointed in accordance with this section.

Notwithstanding any other provision to the contrary, the council

chair shall appoint a council member to serve on a technical

advisory committee and replace a council member removed from

that technical advisory committee pursuant to this subsection. A

council member may also be removed for just cause by the

Governor. A council member shall be removed who does not meet

the qualifications of their appointment SHALL BE REMOVED .

(f) Terms.--[A]

(1) Except as otherwise provided under this subsection,

a member of the council shall serve terms of [two] three

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)

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shall be for three years and until their successor is

appointed].

(2) The term of a member appointed under subsection (c)

(1), (2), (3), (4) or (5)(xvii) shall commence immediately

upon appointment and shall expire June 30, 2020, and until a

successor is appointed.

(3) A member appointed to the council before the

effective date of this section shall serve on the council

according to the following:

(i) If the member meets the qualifications as

specified under subsection (c)(5)(x) or (xiv), the member

shall fill the appointment under subsection (c)(5)(x) or

(xiv) until June 30, 2017, and until a successor is

appointed.

(ii) If the member meets the qualifications as

specified under subsection (c)(5)(i), (ii), (iv), (vi),

(viii), (ix) or (xv), the member shall fill the

appointment under subsection (c)(5)(i), (ii), (iv), (vi),

(viii), (ix) or (xv) until June 30, 2018, and until a

successor is appointed.

(iii) If the member meets the qualifications as

specified under subsection (c)(5)(iii), (v), (vii), (xi),

(xii), (xiii) or (xvi), the member shall fill the

appointment under subsection (c)(5)(iii), (v), (vii)

(xi), (xii), (xiii) or (xvi) until June 30, 2019, and

until a successor is appointed.

(4) If a member serving the council under paragraph

(3)(i), (ii) or (iii) resigns or is removed in accordance

with subsection (e), the member's successor shall serve for

the remainder of the member's term and until a successor is

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appointed.

(g) Chairperson and vice chairperson.--The members shall

elect, by a majority vote, a chairperson and vice chairperson of

the council.

(h) Quorum.--[Ten] Eleven members shall constitute a quorum.

(i) Meetings.--Meetings shall be conducted as required under

65 Pa.C.S. Ch. 7 (relating to open meetings) as follows:

(1) The council shall meet at least once every six

months. Meeting dates shall be set by majority vote of the

council members or by the call of the chair along with at

least seven business days' notice to all members.

(2) All meetings of the council shall be publicly

advertised and shall be open to the public. Members of the

general public shall be given reasonable opportunity to

address the council.

(3) The council shall publish a schedule of its meetings

in the Pennsylvania Bulletin and in at least one newspaper of

general circulation. The notice shall be published at least

five business days in advance of each meeting. The notice

shall specify the date, time and place of the meeting and

shall state that the meetings of the council are open to the

general public.

(4) Council members may participate in council meetings

in person, via telephone conference, or via video conference.

Council members may submit votes in person, telephonically or

by electronic mail to the chair of the council. The

department may approve similar methods of communication for

participation and voting by council members.

(j) Administrative support.--The department shall provide a

facility for council meetings under this act, stenographic

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services, secretarial services, legal representation and

required notice of the council's meetings. The department [may]

shall provide staff support in drafting any reports required

under this act.

(k) Technical support.--The council may solicit and retain,

with or without compensation, individuals who are qualified by

training or experience to provide expert input to the council

[and, at]. At the discretion of the [council] department :

(1) Except as set forth in paragraph (2), such

individuals may be compensated for their services or

reimbursed for reasonable travel expenses at a REASONABLE

rate established by the secretary, or both.

(2) Paragraph (1) does not apply to a member of a

technical advisory committee appointed under subsection (m)

(1)(v).

(l) Compensation and expenses.--Members of the council shall

not receive a salary or per diem allowance for their service[.]

but shall be reimbursed in amounts and as determined by the

department for reasonable travel, lodging and other necessary

expenses incurred in performing their duties.

(m) Technical advisory committees.--

(1) The council shall establish a process by which

technical advisory committees will assist the council in the

review of the updated sections. The technical advisory

committee process shall comply with the following

requirements:

(i) There shall be a technical advisory committee

for each of the codes included in the Uniform

Construction Code and specified in 34 Pa. Code § 403.21

(relating to Uniform Construction Code), and such other

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technical advisory committees as the council deems

necessary to facilitate its review. Participation in the

technical advisory committees may not be limited to

members of the council and shall be open to members of

industry and to interest groups associated with code

development and enforcement. MEMBERS OF INDUSTRY AND

INTEREST GROUPS ASSOCIATED WITH CODE DEVELOPMENT AND

ENFORCEMENT SHALL BE PERMITTED TO PARTICIPATE IN THE

TECHNICAL ADVISORY COMMITTEE.

(ii) Each technical advisory committee shall be

composed of council members and nonvoting technical

advisory members and shall be limited to a maximum of 12

members. The chair of the council shall appoint a council

member to chair each technical advisory committee. Any

other council member may seek appointment to a technical

advisory committee and, if no more than four additional

council members seek appointment to a specified technical

advisory committee, those council members shall also be

appointed to the technical advisory committee. If more

than four council members seek appointment to a technical

advisory committee, the chair of the council shall

appoint four of the council members seeking appointment

to serve and the remaining council members seeking

appointment shall serve only if additional positions on

the technical advisory committee remain after selection

of the technical advisory committee members pursuant to

subparagraph (v).

(iii) The department shall publish a notice seeking

participation in the technical advisory committees in the

Pennsylvania Bulletin and on the department's publicly

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accessible Internet website or, in the absence of an

Internet website, in such other manner as the secretary

determines will provide substantially similar public

notice.

(iv) Interested persons shall submit to the chair of

the council the following information within 30 days

following the publication of the notice:

(A) name;

(B) the name or subject matter area of the

technical advisory committee to which the individual

seeks to be appointed;

(D) industry sector, interest group or area of

construction industry expertise, if applicable; and

(E) summary of experience and expertise.

(v) The chair of the council shall seek to ensure

diversity of interests on each technical advisory

committee. Technical advisory committee members shall be

selected by the chair of the council from among the

interested persons identified in subparagraph (iv) so as

to ensure that the technical advisory committee as a

whole has, at minimum, representation from affected

contractor associations, affected building trade

organizations, the code enforcement community, the design

professional community and other relevant industries.

(vi) Meetings of the technical advisory committees

may be in person, via telephone conference or via video

conference. The department may approve similar methods of

communication for participation and voting by technical

advisory committee members.

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(vii) Technical advisory committee members may

submit votes in person, telephonically or by electronic

mail to the chair of the technical advisory committee.

Decisions RECOMMENDATIONS of a technical advisory

committee shall be by majority of the votes received from

council members on the technical advisory committee AND

SHALL BE NONBINDING .

Section 3. The act is amended by adding a section to read:

Section 108. Review of updated sections and adoption of updated

sections into Uniform Construction Code.

(a) Code review process.--

(1) (i) Except as specifically provided in this act

with respect:

(A) to the 2015 changes to the Uniform

Construction Code adopted by the council; and

(B) to the procedure outlined in subparagraph

(iii),

the council shall commence its review of the updated

sections 21 months following the publication of a new

edition of the ICC codes in accordance with paragraph

(3). Notwithstanding any other provision of this act to

the contrary, the council shall initiate a new review of

the updated sections contained in the 2015 edition of the

ICC codes within 30 days of the effective date of this

section, and this review shall be referred to as the 2015

Code Review. The decisions by the council with respect to

the 2015 edition of the ICC codes previously provided to

the department on May 29, 2015, and the regulations

promulgated by the department as a result, shall remain

in full force and effect until September 30, 2018. As of

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October 1, 2018, the decisions of the council as a result

of the 2015 Code Review and the regulations promulgated

by the department as a result, shall supersede any

previous inconsistent council decisions or departmental

regulations.

(ii) The 2015 code review shall be conducted in

accordance with provisions of this act, except that:

(A) the public comment period under paragraph

(3)(i) shall be 30 days;

(B) notwithstanding the requirements under

paragraph (3)(viii), the council shall only be

required to conduct one public hearing as scheduled

by the council within the WHICH SHALL BE HELD WITHIN

30 days after the end of the public comment period

AND SHALL BE HELD IN HARRISBURG ;

establish technical subcommittees as required by

section 107(m) and may establish a committee

composition based on past practices of the council

provided that the committees shall follow the process

as specified under this act to the furthest extent

practicable; and

(D) the council may rely on the technical

analysis of the 2015 edition of the triennial codes

performed by the council during the council's

previous review.

(iii) The council shall also review, in accordance

with the procedures outlined in this act, any section of

the collective codes that do not otherwise constitute

updated sections but only if two-thirds of the council

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membership so determine. The sections selected for review

shall be referred to as "additional sections." The

additional sections shall be treated for purposes of

review and approval or disapproval by the council as

updated sections. THE SELECTION OF ADDITIONAL SECTIONS

SHALL OCCUR PRIOR TO COMMENCEMENT OF THE REVIEW PROCESS.

(2) Each updated section subject to review under

paragraph (3)(v) shall be examined applying all of the

following criteria:

(i) The impact that the section may have upon the

health, safety and welfare of the public.

(ii) The economic and financial impact of the

section , including impact on the end consumer .

(iii) The technical feasibility of the section.

(3) The council shall review the updated sections as

follows:

(i) A 120-day period to receive comments from

council members and the general public regarding the

updated sections shall commence 30 days following the

start of the council's review pursuant to paragraph (1).

The public comment period shall be announced in the

Pennsylvania Bulletin and on the department's publicly

accessible Internet website or, in the absence of an

Internet website, in such other manner as the secretary

determines will provide substantially similar public

notice.

(ii) All public comments shall be submitted on a

form created by the council. Each comment shall relate to

a single updated section. The comment shall, at a

minimum, specify the updated section to which the comment

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relates, state whether the updated section should be

adopted, rejected or modified, and specify the rationale

for the recommended action based on the criteria set

forth in paragraph (2). Any A PROPOSED modification shall

meet or exceed the standards of the section in effect or

currently being reviewed and such THE PROPOSED

modification shall be within the standards under review.

(iii) All public comments submitted in accordance

with subparagraph (ii) shall be provided to all council

members, posted on the department's publicly accessible

Internet website or, in the absence of an Internet

website, in such other manner as the secretary determines

will provide substantially similar public notice. All

public comments submitted in accordance with subparagraph

(ii) shall be reviewed individually by a technical

advisory committee.

(iv) After the expiration of the public comment

period, the chair shall assign each updated section,

regardless of whether a public comment has been received,

to the technical advisory committee for the code that

contains the updated section.

(v) The technical advisory committee shall review

all of the updated sections it has been assigned as

provided in this section. The technical advisory

committee may also review any related updated section,

any existing section or any related collective code

section as needed to ensure consistency and effectiveness

of the Uniform Construction Code. Even if an updated

section has not received a public comment in accordance

with subparagraph (ii), a technical advisory committee

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member may select one or more of the updated sections

assigned to the technical advisory committee for

individual consideration by the council pursuant to

subparagraph (ix)(b).

(vi) For each updated section that:

(A) receives a comment recommending modification

or rejection in accordance with subparagraph (ii); or

(B) a member of the technical advisory committee

to which it has been assigned has separately selected

for individual review by the council;

the technical advisory committee shall submit to the

chair of the council a recommendation that the section

and any related section identified in subparagraph (v) be

adopted, rejected or modified. The technical advisory

committee shall submit the rationale for its

recommendations. Notwithstanding any other provision of

this subparagraph, updated sections that do not receive a

comment recommending modification or rejection in

accordance with subparagraph (ii) and that a member of

the technical advisory committee has not separately

selected for individual review by the council shall be

noted in the report as unopposed.

(vii) The technical advisory committee's

recommendations shall be posted on the department's

publicly accessible Internet website or, in the absence

of an Internet website, in such other manner as the

secretary determines will provide substantially similar

public notice. The technical advisory committee's

recommendations shall be posted at least 10 business days

prior to holding the first hearing pursuant to this

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section.

(viii) After submission of all recommendations of

the technical advisory committees, 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.

(ix) Upon completion of the hearings, the council

shall hold one or more official meetings of the council

to decide whether to adopt, reject or modify the updated

sections and any related section identified in

subparagraph (v). The following shall apply:

(A) The council shall consider and vote on the

unopposed sections as a group. Prior to a vote on the

unopposed sections as a group, the council shall

first consider any motion made by a council member to

exclude a section from the unopposed group. A motion

to exclude shall only be in order if it is supported

by written explanation, made available to the

council, describing new information not considered by

the technical advisory committees and the underlying

rationale for the motion. If the motion is supported

by a TWO-THIRDS majority of the council membership,

that section shall be removed from the unopposed

group. Unopposed sections that remain as part of the

group, after consideration of motions to exclude

sections, may SHALL be adopted by a majority vote of

the council . MEMBERS. IF THE UNOPPOSED SECTIONS FAIL

TO BE ADOPTED BY A MAJORITY VOTE, THE COUNCIL SHALL

CONDUCT A SUBSEQUENT VOTE TO REJECT THE UNOPPOSED

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SECTIONS BY A TWO-THIRDS MAJORITY VOTE OF THE COUNCIL

MEMBERS. IF THE COUNCIL FAILS TO REJECT THE UNOPPOSED

SECTIONS BY A TWO-THIRDS MAJORITY VOTE, THE UNOPPOSED

SECTIONS SHALL BE ADOPTED. All unopposed sections

that are rejected as a group or successfully excluded

from the group shall be subject to the procedure

specified in clause (B).

(B) Except for the unopposed sections, a two-

thirds majority of the council members is required

for adoption or modification of the updated sections.

The council may vote on the updated sections

individually or in groups. A MODIFICATION SHALL MEET

OR EXCEED THE STANDARDS OF THE SECTION IN EFFECT OR

BEING REVIEWED AND SHALL BE WITHIN THE STANDARDS

UNDER REVIEW.

(b) Submission of report.--With the exception of the

council's review of the 2015 ICC codes, the council shall submit

a report to the secretary within the 24-month period following

the commencement of the review process by the council with

sections of the updated codes and additional codes that are

specified for adoption or modification. The sections of the

codes that are specified for adoption or modification shall be

separately designated in the report. For the council's review of

the 2015 ICC codes only, the council shall submit a report to

the secretary on or before May 1 , 2018.

Section 4. Sections 304, 703 and 902(c) AND 501(C)(1) AND

(3) of the act are amended to read:

Section 304. Revised or successor codes.

(a) Duties of department.--

(1) Subject to sections 105(c) and (d), 301(a)(3), (4),

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(5), (6) and (7), (c) and (d) and 302, within [three] nine

months of the receipt of the report under section [107(b.1)]

108(b), 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] council's decisions contained in the

report without change. Regulations adopted under this act

shall become effective 33 months after the commencement of

council review as provided for in section 108(a)(1)(i)

provided, however, that the regulations promulgated by the

department as a result of the 2015 Code Review shall be

effective October 1, 2018. THE REGULATIONS SHALL TAKE EFFECT

AS FOLLOWS:

(I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II),

REGULATIONS ADOPTED UNDER THIS ACT SHALL BECOME EFFECTIVE

33 MONTHS AFTER THE COMMENCEMENT OF COUNCIL REVIEW AS

PROVIDED FOR IN SECTION 108(A)(1)(I).

(II) REGULATIONS PROMULGATED BY THE DEPARTMENT AS A

RESULT OF THE 2015 CODE REVIEW SHALL TAKE EFFECT OCTOBER

1, 2018.

(2) Regulations promulgated under this subsection are

exempt from:

(i) section 205 of the act of July 31, 1968

(P.L.769, No.240), referred to as the Commonwealth

Documents Law; and

(ii) sections 204(b) and 301(10) of the act of

October 15, 1980 (P.L.950, No.164), known as the

Commonwealth Attorneys Act.

(3) [Notwithstanding paragraphs (1) and (2), the] The

department shall promulgate regulations updating

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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.] the accessibility provisions of the most

recently published edition of the ICC codes 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.

(4) The department may contract with the ICC to

establish and publish code manuals that contain the standards

of the Uniform Construction Code. The department shall

require in any contract under this paragraph that the

documentation be made available on the department's publicly

accessible Internet website.

(a.1) Continuity.--If [a triennial revision] an updated

section is not adopted or modified under section [107(b.1)(5)]

108, the relevant provisions of the [prior version of the codes]

existing sections shall remain in effect.

(1) A construction permit issued under valid

construction regulations prior to the effective date of

regulations for a subsequent Uniform Construction Code or

International Fuel Gas Code issued under this act shall

remain valid, and the construction of any building or

structure may be completed pursuant to and in accordance with

the permit.

(2) If the permit has not been actively prosecuted

within two years of the effective date of the regulation or

the period specified by a municipal ordinance, whichever is

less, the former permitholder shall be required to acquire a

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new permit.

(3) Where construction of a building or structure

commenced before the effective date of the regulations for a

subsequent Uniform Construction Code or International Fuel

Gas Code issued under this act and a permit was not required

at that time, construction may be completed without a permit.

(4) WHERE A DESIGN OR CONSTRUCTION CONTRACT WAS SIGNED

BEFORE THE EFFECTIVE DATE OF REGULATIONS FOR A SUBSEQUENT

UNIFORM CONSTRUCTION CODE OR INTERNATIONAL FUEL GAS CODE

ISSUED UNDER THIS ACT, THE PERMIT MAY BE ISSUED UNDER THE

UNIFORM CONSTRUCTION CODE OR INTERNATIONAL FUEL GAS CODE IN

EFFECT AT THE TIME THE DESIGN OR CONSTRUCTION CONTRACT WAS

SIGNED, IF THE PERMIT IS APPLIED FOR WITHIN SIX MONTHS OF THE

EFFECTIVE DATE OF THE REGULATION OR THE PERIOD SPECIFIED BY A

MUNICIPAL ORDINANCE, WHICHEVER IS LESS.

SECTION 501. ADMINISTRATION AND ENFORCEMENT.

* * *

(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,] REGULATIONS PROMULGATED BY THE

DEPARTMENT 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

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WITH 53 PA.C.S. CH. 23 SUBCH. A (RELATING TO

INTERGOVERNMENTAL COOPERATION).

* * *

(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.

* * *

SECTION 5. SECTION 503(B) OF THE ACT IS AMENDED AND THE

SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

SECTION 503. CHANGES IN UNIFORM CONSTRUCTION CODE.

* * *

(B) MINIMUM REQUIREMENT.--SUBJECT TO THE PROVISIONS OF THIS

ACT, NO MUNICIPALITY MAY PROPOSE OR ENACT ANY ORDINANCE WHICH IS

LESS THAN THE MINIMUM REQUIREMENT OF THE UNIFORM CONSTRUCTION

CODE[.], EXCEPT AS PROVIDED IN SUBSECTION (B.1).

(B.1) CITIES OF THE FIRST CLASS.--

(1) A CITY OF THE FIRST CLASS MAY ENACT AN ORDINANCE

THAT ADOPTS PROVISIONS OF THE 2018 ICC TRIENNIAL CODES FOR

THE PURPOSE OF REGULATING THE CONSTRUCTIONS, ALTERATION,

REPAIR AND USE OF BUILDINGS THAT DO NOT MEET THE DEFINITION

OF RESIDENTIAL BUILDING UNDER SECTION 103.

(2) THE SCOPE OF THE PROVISIONS THAT MAY BE ADOPTED

UNDER PARAGRAPH (1) SHALL BE LIMITED TO THE SCOPE OF WHAT THE

COUNCIL IS AUTHORIZED TO REVIEW AND ADOPT UNDER SECTION

108(A)(1).

(3) THE ADOPTION OF AN ORDINANCE UNDER THIS SUBSECTION

SHALL BE IN ACCORDANCE WITH SUBSECTIONS (D), (E), (F), (G)

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AND (H).

(4) IF AN ORDINANCE IS ADOPTED UNDER THIS SUBSECTION,

THE PROVISIONS ADOPTED IN THE ORDINANCE SHALL REMAIN IN

EFFECT UNTIL THE EFFECTIVE DATE OF THE REGULATIONS

PROMULGATED UNDER SECTION 304(A)(1) IMPLEMENTING THE FINDINGS

OF THE 2021 TRIENNIAL CODE REVIEW.

(5) ALL STATUTORY EXCLUSIONS AND EXEMPTIONS SHALL REMAIN

IN EFFECT.

* * *

SECTION 6. SECTIONS 703 AND 902(C) OF THE ACT ARE AMENDED TO

READ:

Section 703. Education and training programs.

(a) Fee.--Municipalities administering and enforcing this

act under section 501(a) and third-party agencies providing

services under section 501(e) shall assess a fee of [$4] $4.50

on each construction or building permit issued under the

authority of this act. The fee shall be in addition to any other

fee imposed for the permit.

(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.

(1) The fee 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-seven and one-half percent of the fee

shall be deposited in the Municipal Code Official

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Training Account.

(ii) Forty-seven and one-half percent of the fee

shall be deposited in the Construction Contractor

Training Account.

(iii) Five percent of the fee shall be deposited in

the Review and Advisory Council Administration Account.

(I) FORTY-THREE AND ONE-HALF PERCENT OF THE FEE

SHALL BE DEPOSITED IN THE MUNICIPAL CODE OFFICIAL

TRAINING ACCOUNT FOR THE PURPOSE OF EDUCATION AND

TRAINING PROGRAMS FOR MUNICIPAL CODE OFFICIALS AND

INDIVIDUALS EMPLOYED BY THIRD-PARTY AGENCIES UNDER

CONTRACT WITH A MUNICIPALITY.

(II) FORTY-THREE AND ONE-HALF PERCENT OF THE FEE

SHALL BE DEPOSITED IN THE CONSTRUCTION CONTRACTOR

TRAINING ACCOUNT FOR 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 THE HOUSING

RESEARCH CENTER MUST BE APPROVED BY ITS INDUSTRY ADVISORY

COMMITTEE.

(III) THIRTEEN PERCENT OF THE FEE SHALL BE DEPOSITED

IN THE REVIEW AND ADVISORY COUNCIL ADMINISTRATION ACCOUNT

FOR EXPENSES OF THE COUNCIL AS AUTHORIZED UNDER SECTION

107(L), FOR TECHNICAL ASSISTANCE AS PROVIDED FOR UNDER

SECTION 107(K), FOR ADMINISTRATIVE ASSISTANCE AS PROVIDED

UNDER SECTION 107(J), FOR FEES ASSOCIATED WITH THE ICC TO

ESTABLISH AND PUBLISH CODE MANUALS WHICH CONTAIN THE

STANDARDS OF THE UNIFORM CONSTRUCTION CODE AS PROVIDED

UNDER SECTION 304(A)(4) AND AS OTHERWISE DETERMINED

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NECESSARY BY THE DEPARTMENT AS FUNDS ARE AVAILABLE.

(2) [Moneys so] Money deposited [are] under paragraph

(1)(i) and (ii) is 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 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. No

money appropriated under this paragraph shall be used by the

Department of Community and Economic Development for

administrative expenses.

(3) All money deposited under paragraph (1)(iii) shall

be transmitted quarterly to the Department of Labor and

Industry for expenses of the council as authorized in section

107(l), for technical assistance as provided for in section

107(k), for administrative assistance as provided for in

section 107(j), for fees associated with contracting with the

ICC to establish and publish code manuals which contain the

standards of the Uniform Construction Code as provided for in

section 304(a)(4) and as otherwise determined necessary by

the council as money is available.]. THE DEPARTMENT OF

COMMUNITY AND ECONOMIC DEVELOPMENT MAY UTILIZE UP TO 3% OF

THE FUNDS ALLOCATED TO THE ACCOUNT UNDER PARAGRAPH (1)(I) AND

UP TO 3% OF THE FUNDS ALLOCATED TO THE ACCOUNT UNDER

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PARAGRAPH (1)(II) FOR ADMINISTRATIVE AND PROGRAM EXPENSES.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS PARAGRAPH TO THE

CONTRARY, THE DEPARTMENT OF COMMUNITY AND ECONOMIC

DEVELOPMENT MAY CONTINUE TO ABIDE BY THE PROVISIONS OF AN

AGREEMENT PERMITTING THE RETENTION OR COLLECTION OF A GREATER

PERCENTAGE FOR ADMINISTRATIVE AND PROGRAM EXPENSES, BUT ONLY

FOR A PERIOD OF ONE YEAR FROM THE EFFECTIVE DATE OF THIS

PARAGRAPH.

(3) ALL MONEY DEPOSITED UNDER PARAGRAPH (1)(III) SHALL

BE TRANSMITTED QUARTERLY TO THE DEPARTMENT. THE DEPARTMENT

SHALL NOT BE REQUIRED TO UTILIZE OTHER SOURCES OF FUNDING TO

CARRY OUT ACTIVITIES UNDER THIS ACT IF THE FUNDS PROVIDED

UNDER THIS SECTION ARE INSUFFICIENT.

(D) REPORTS.--

(1) NO LATER THAN NOVEMBER 1 OF EACH CALENDAR YEAR, THE

DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT SHALL

PROVIDE A REPORT TO THE CHAIRPERSON AND MINORITY CHAIRPERSON

OF THE LABOR AND INDUSTRY COMMITTEE OF THE SENATE AND THE

CHAIRPERSON AND MINORITY CHAIRPERSON OF THE LABOR AND

INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES. THE

REPORT SHALL DETAIL EXPENDITURES FOR THE MOST RECENT FISCAL

YEAR. THE REPORT SHALL INCLUDE:

(I) THE NUMBER OF CONSTRUCTION AND BUILDING PERMITS

ISSUED AND THE TOTAL FEES COLLECTED.

(II) A SEPARATE ACCOUNTING OF REVENUE AND

EXPENDITURES FOR EACH ACCOUNT UNDER SUBSECTION (C)(1)(I)

AND (II). THE SEPARATE ACCOUNTING SHALL INCLUDE, TO THE

EXTENT AVAILABLE, REVENUE AND EXPENDITURES BY A

CONTRACTOR, VENDOR OR OTHER PARTY ENGAGED TO PERFORM THE

SERVICES UNDER SUBSECTION (C)(1)(I) AND (II). ALL

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CONTRACTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS

PARAGRAPH BY THE DEPARTMENT OF COMMUNITY AND ECONOMIC

DEVELOPMENT WITH A CONTRACTOR, VENDOR OR OTHER PARTY

SHALL REQUIRE THE CONTRACTOR, VENDOR OR OTHER PARTY TO

PROVIDE THE INFORMATION REQUIRED UNDER THIS PARAGRAPH.

(III) THE AMOUNT UTILIZED BY THE DEPARTMENT OF

COMMUNITY AND ECONOMIC DEVELOPMENT FOR PERSONNEL,

INCLUDING THE POSITION TITLE, HOURS CHARGED, AMOUNT PAID

AND DESCRIPTION OF THE DUTIES AND RESPONSIBILITIES, OF

EACH INDIVIDUAL PAID IN WHOLE OR IN PART FROM THE

ACCOUNT.

(IV) THE AMOUNT UTILIZED BY THE DEPARTMENT OF

COMMUNITY AND ECONOMIC DEVELOPMENT FOR OPERATIONAL COSTS

AND A DESCRIPTION OF EACH EXPENDITURE.

(V) THE AMOUNT UTILIZED BY THE DEPARTMENT OF

COMMUNITY AND ECONOMIC DEVELOPMENT FOR OTHER PROGRAM

PURPOSES AND A DESCRIPTION OF EACH EXPENDITURE.

(2) NO LATER THAN NOVEMBER 1 OF EACH CALENDAR YEAR, THE

DEPARTMENT SHALL PROVIDE A REPORT TO THE CHAIRPERSON AND

MINORITY CHAIRPERSON OF THE LABOR AND INDUSTRY COMMITTEE OF

THE SENATE AND THE CHAIRPERSON AND MINORITY CHAIRPERSON OF

THE LABOR AND INDUSTRY COMMITTEE OF THE HOUSE OF

REPRESENTATIVES. THE REPORT SHALL DETAIL EXPENDITURES FOR THE

MOST RECENT FISCAL YEAR. THE REPORT SHALL INCLUDE:

(I) A SEPARATE ACCOUNTING OF REVENUE AND

EXPENDITURES FOR THE ACCOUNT UNDER SUBSECTION (C)(1)

(III). THE SEPARATE ACCOUNTING PROVIDED UNDER THIS

PARAGRAPH SHALL INCLUDE, TO THE EXTENT AVAILABLE, REVENUE

AND EXPENDITURES BY A CONTRACTOR, VENDOR OR OTHER PARTY

ENGAGED TO PERFORM THE SERVICES UNDER SUBSECTION (C)(1)

20170HB0409PN2155 - 32 -

(III). ALL CONTRACTS ENTERED INTO AFTER THE EFFECTIVE

DATE OF THIS PARAGRAPH BY THE DEPARTMENT WITH A

CONTRACTOR, VENDOR OR OTHER PARTY SHALL REQUIRE THE

CONTRACTOR, VENDOR OR OTHER PARTY TO PROVIDE THE

INFORMATION REQUIRED UNDER THIS PARAGRAPH.

(II) THE AMOUNT UTILIZED BY THE UNIFORM CONSTRUCTION

CODE REVIEW AND ADVISORY COUNCIL FOR REIMBURSEMENT OF

TRAVEL EXPENSES.

(III) THE AMOUNT UTILIZED BY THE UNIFORM

CONSTRUCTION CODE REVIEW AND ADVISORY COUNCIL FOR OTHER

PURPOSES AND A DESCRIPTION OF EACH EXPENDITURE.

(IV) THE AMOUNT UTILIZED BY THE DEPARTMENT FOR

PERSONNEL, INCLUDING THE POSITION TITLE, HOURS CHARGED,

AMOUNT AND DESCRIPTION OF THE DUTIES AND RESPONSIBILITIES

OF EACH INDIVIDUAL PAID IN WHOLE OR IN PART FROM THE

ACCOUNT.

(V) THE AMOUNT UTILIZED BY THE DEPARTMENT FOR

OPERATIONAL COSTS AND A DESCRIPTION OF EACH EXPENDITURE.

(VI) THE AMOUNT UTILIZED BY THE DEPARTMENT FOR OTHER

PROGRAM PURPOSES AND A DESCRIPTION OF EACH EXPENDITURE.

Section 902. Applicability to certain buildings.

* * *

have jurisdiction.--

(1) A construction code official shall issue a

certificate of occupancy to an uncertified building if it

meets the requirements of subsection (b) , OR the latest

adopted version of the International Existing Building Code

[or Chapter 34 of the International Building Code[,]; and

the]. THE construction code official shall utilize the code

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[for the municipality which] that, in his professional

judgment, he deems to best apply.

(2) A construction code official may deny the issuance

of a certificate of occupancy if the official deems that a

building is unsafe because of inadequate means of egress,

inadequate lighting and ventilation, fire hazards or other

dangers to human life or to public welfare.

[(3) A municipality subject to this subsection may

utilize the standards of subsection (b) for the issuance of

certificates of occupancy to uncertified buildings by

adopting an ordinance adopting the standards of issuance

pursuant to the procedures delineated in section 503.]

* * *

Section 5. This act shall take effect as follows:

(1) The amendment of section 902(c) of the act shall

take effect in 60 days.

(2) The remainder of this act shall take effect

immediately.

(1) THE AMENDMENT OF SECTION 703 OF THE ACT SHALL TAKE

EFFECT JULY 1, 2017, OR IMMEDIATELY, WHICHEVER IS LATER.

(2) THE AMENDMENT OF SECTION 902(C) OF THE ACT SHALL

TAKE EFFECT IN 60 DAYS.

(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT

IMMEDIATELY.

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