PRINTER'S NO. 1179
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1037
Session of
2019
INTRODUCED BY LAWRENCE, CAUSER, BERNSTINE, FEE, GREINER,
HEFFLEY, HERSHEY, HICKERNELL, IRVIN, KAUFFMAN, METCALFE,
MILLARD, B. MILLER, OWLETT, PICKETT, RYAN, SCHROEDER, TOPPER
AND ZIMMERMAN, APRIL 2, 2019
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
APRIL 2, 2019
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 application; and,
in exemptions, applicability and penalties, further providing
for penalties.
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 a definition 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:
* * *
"Historic agricultural building." A building which:
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(1) was originally constructed as an agricultural
building;
(2) was originally constructed prior to January 1, 1980;
and
(3) is not a place of public occupancy, but is available
for private events not open to the general public, including,
but not limited to, weddings, receptions, meetings,
demonstrations of farm activities and meals.
* * *
Section 2. Sections 104(b) and 903 of the act are amended to
read:
Section 104. Application.
* * *
(b) Exclusions.--This act shall not apply to any of the
following:
(1) New buildings or renovations to existing buildings
for which an application for a building permit has been made
to the municipality prior to the effective date of the
regulations promulgated under this act.
(2) New buildings or renovations to existing buildings
on which a contract for design or construction has been
signed prior to the effective date of the regulations
promulgated under this act on projects requiring department
approval.
(3) Utility and miscellaneous use structures that are
accessory to detached one-family dwellings.
(4) Any agricultural building.
(5) Alterations to residential buildings which do not
make structural changes or changes to means of egress, except
as might be required by ordinances in effect pursuant to
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section 303(b)(1) or adopted pursuant to section 503. For
purposes of this paragraph, a structural change does not
include a minor framing change needed to replace existing
windows or doors.
(6) Repairs to residential buildings, except as might be
required by ordinances in effect pursuant to section 303(b)
(1) or adopted pursuant to section 503.
(6.1) The installation of aluminum siding or vinyl
siding onto an existing residential or an existing commercial
building, except as might be required by ordinances in effect
pursuant to section 301 or adopted pursuant to section 503.
(7) Any recreational cabin if:
(i) the cabin is equipped with at least one smoke
detector, one fire extinguisher and one carbon monoxide
detector in both the kitchen and sleeping quarters;
(ii) the owner of the cabin files with the
municipality either:
(A) an affidavit on a form prescribed by the
department attesting to the fact that the cabin meets
the definition of a "recreational cabin" in section
103; or
(B) a valid proof of insurance for the
recreational cabin, written and issued by an insurer
authorized to do business in this Commonwealth,
stating that the structure meets the definition of a
"recreational cabin" as defined in section 103.
(8) Temporary structures which are:
(i) Erected for the purpose of participation in a
fair, flea market, arts and crafts festival or other
public celebration.
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(ii) Less than 1,600 square feet in size.
(iii) Erected for a period of less than 30 days.
(iv) Not a swimming pool, spa or hot tub.
(v) Subject to section 503(a)(2).
(9) No more than one structure per parcel of land which
meets all of the following requirements:
(i) The structure is used for the direct, seasonal
sale of agricultural commodities.
(ii) The structure is open on at least 25% of the
perimeter of the structure when in operation.
(iii) The structure is operated by a producer whose
products make up not less than 50% of the agricultural
commodities being sold.
(iv) If not located on the producer's property, the
structure is erected for less than 180 days of a calendar
year.
(v) The structure has an area of not more than 1,000
square feet.
(10) Structures used to load, unload or sort livestock
at livestock auction facilities.
(11) A historic agricultural building to which all of
the following apply:
(i) The owner files with the municipality a report
completed by a third-party agency which states all of the
following:
(A) As follows:
(I) The structure is in compliance with the:
(a) requirements of the Uniform
Construction Code for fire alarm and
detection systems, and portable fire
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extinguisher requirements, which are
applicable to Group A-2 occupancies in the
International Building Code; and
(b) egress standards for historic
buildings as required in Chapter 12 of the
ICC's International Existing Building Code.
(II) Subclause (I) shall not require
installation of an automatic sprinkler system.
(B) Electrical wiring installed in the structure
is in compliance with the electrical provisions of
the Uniform Construction Code.
(ii) The owner files with the municipality a signed
affidavit that states all of the following:
(A) Smoking is prohibited within, and at any
location within 50 feet of, the structure.
(B) Open flame is prohibited within, and at any
location within 50 feet of, the structure. This
clause does not apply to a flame emanating from:
(I) a denatured and jellied alcohol product
which provides temporary heat for reheating food
or maintaining food temperature; or
(II) no more than three candles during a
wedding ceremony.
(C) The structure does not contain, on a
temporary or permanent basis, an oven or stove for
the purpose of cooking or reheating food.
(D) The owner maintains liability insurance for
the structure, written and issued by an insurer
authorized to do business in this Commonwealth.
(iii) The exclusion under this paragraph shall be
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based on the Uniform Construction Code standards in
effect on the effective date of this subparagraph.
* * *
Section 903. Penalties.
(a) Violation of act.--
(1) Any individual, firm or corporation that violates
any provision of this act commits a summary offense and
shall, upon conviction, be sentenced to pay a fine of not
more than $1,000 and costs. This paragraph includes failure
to comply with a statement made in:
(i) an inspection report under section 104(b)(11)
(i); or
(ii) an affidavit under section 104(b)(11)(ii).
(2) Each day that a violation of this act continues
shall be considered a separate violation.
(b) Disposition of penalties.--The amount of the penalty
shall be forwarded to the entity with enforcement jurisdiction.
Section 3. This act shall take effect in 60 days.
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