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PRINTER'S NO. 465
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
453
Session of
2021
INTRODUCED BY BROOKS, STEFANO, J. WARD, PHILLIPS-HILL, PITTMAN,
MASTRIANO AND DUSH, MARCH 19, 2021
REFERRED TO LABOR AND INDUSTRY, MARCH 19, 2021
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 application.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 104(b) of the act of November 10, 1999
(P.L.491, No.45), known as the Pennsylvania Construction Code
Act, is 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
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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
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
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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] erected for the purpose of
participation in a fair, flea market, arts and crafts
festival or other public celebration[.];
(ii) [Less] less than 1,600 square feet in size[.];
(iii) [Erected] erected for a period of less than 30
days[.];
(iv) [Not] not a swimming pool, spa or hot tub[.];
and
(v) [Subject] 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.
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(10) Structures used to load, unload or sort livestock
at livestock auction facilities.
(11) Decks that are:
(i) No more than 30 inches above grade at any point.
(ii) Attached or accessory to a residential
building.
(12) Accessory structures that are:
(i) attached to a residential building that cover an
entranceway; and
(ii) no more than one story high and not more than
200 square feet.
(13) Patio covers as defined in Appendix H of the 2009
International Residential Code for One- and Two-Family
Dwellings or its successor requirement.
* * *
Section 2. This act shall take effect in 60 days.
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