Regular Session 2019-2020 Senate Bill 0453 P.N. 0716

PRIOR PRINTER'S NO. 448

PRINTER'S NO. 716

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

453

Session of

2019

INTRODUCED BY J. WARD, YAW, PHILLIPS-HILL, FOLMER, VOGEL,

MARTIN, STEFANO, AUMENT, BAKER AND BROOKS, MARCH 19, 2019

AS AMENDED ON THIRD CONSIDERATION, MAY 6, 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.

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:

* * *

"Historical agricultural building." A building initially

constructed before January 1, 1999, as an agricultural building

and that is used for occupancy by the general public for

weddings, receptions and similar social events throughout the

year.

* * *

Section 2. Section 104(b) of the act is amended by adding a

paragraph to read:

Section 104. Application.

* * *

(b) Exclusions.--This act shall not apply to any of the

following:

* * *

(4.1) An historical agricultural building, provided that

the owner of the building annually files an affidavit with

the municipality stating that the following conditions are

satisfied or, if the owner fails to do so, the municipality

inspects the building AT THE OWNER'S EXPENSE and determines

that the following conditions are satisfied:

(i) An inspection report by a construction code

official CODE ADMINISTRATOR states that the building

complies with the fire safety provisions for historic

buildings of the International Code Council's

International Existing Building Code that was part of the

Uniform Construction Code at the time of inspection,

provided that the building is not required to install an

automatic fire sprinkler system.

(ii) The building has functioning smoke detectors.

(II) THE BUILDING HAS FUNCTIONING:

(A) HARD-WIRED SMOKE DETECTORS IF ELECTRICAL

WIRING HAS BEEN INSTALLED IN THE INTERIOR OF THE

BUILDING; OR

(B) BATTERY-POWERED DETECTORS IF ELECTRICAL

WIRING HAS NOT BEEN INSTALLED IN THE INTERIOR OF THE

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BUILDING.

(iii) Portable fire extinguishers are placed in the

building consistent with the Uniform Construction Code.

(iv) If electrical wiring has been installed in the

interior of the building, an inspection report by a

construction code official CODE ADMINISTRATOR states that

the wiring complies with the electrical provisions of the

Uniform Construction Code that existed at the time of

inspection.

(v) Smoking is prohibited in the building.

(vi) All open flames are prohibited in the building,

except for flames used for the purposes of reheating or

maintaining food temperatures and for which the heating

source requires no installation as part of the building

construction.

(vii) The owner maintains for the building liability

insurance that is written and issued by an insurer

authorized to do business in this Commonwealth.

(viii) Signs are posted at the external entrances to

all areas of the building used for weddings, receptions

and similar social events that state: "This facility is

AND SIMILAR SOCIAL EVENTS THAT STATE:

(A) THE MAXIMUM OCCUPANCY OF THE BUILDING PER

THE REQUIREMENTS OF THE INTERNATIONAL BUILDING CODE

THAT WAS PART OF THE UNIFORM CONSTRUCTION CODE AT THE

TIME OF THE INSPECTION.

(B) "THIS FACILITY IS subject to alternative

commercial building and public safety requirements as

provided under the Pennsylvania Construction Code

Act."

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(IX) UNLESS PERMITTED TOILET FACILITIES ARE PROVIDED

ON THE GROUNDS OF THE BUILDING, PORTABLE TOILET

FACILITIES ARE PROVIDED IN ACCORDANCE WITH THE MINIMUM

NUMBER OF REQUIRED TOILETS FOR A RESTAURANT OR BANQUET

HALL IN THE INTERNATIONAL BUILDING CODE THAT WAS PART OF

THE UNIFORM CONSTRUCTION CODE AT THE TIME OF INSPECTION.

(X) AN INSPECTION REPORT BY A CODE ADMINISTRATOR

STATES THAT THE BUILDING COMPLIES WITH THE ACCESSIBILITY

PROVISIONS FOR HISTORIC BUILDINGS IN THE INTERNATIONAL

CODE COUNCIL'S INTERNATIONAL EXISTING BUILDING CODE

DETERMINED BY THE ACCESSIBILITY ADVISORY BOARD.

(XI) AN INSPECTION REPORT BY A CODE ADMINISTRATOR

STATES THAT THE BUILDING COMPLIES WITH THE CHANGE OF USE

PROVISIONS FOR HISTORIC BUILDINGS IN THE INTERNATIONAL

CODE COUNCIL'S INTERNATIONAL EXISTING BUILDING CODE THAT

WAS PART OF THE UNIFORM CONSTRUCTION CODE AT THE TIME OF

INSPECTION.

(XII) THE PRIMARY FUNCTION REMAINS ON THE LEVEL OF

EXIT DISCHARGE. THE OCCUPANCY LEVEL OF THE STORIES IN A

MULTILEVEL BUILDING MUST BE DETERMINED BY THE CODE

ADMINISTRATOR AND MAY NOT TO EXCEED LEVELS AS DETERMINED

BY THE INTERNATIONAL BUILDING CODE THAT WAS PART OF THE

UNIFORM CONSTRUCTION CODE AT THE TIME OF INSPECTION.

* * *

Section 3. This act shall take effect immediately.

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