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On November 10, 1999 Governor Ridge signed Senate Bill 647, known as the
Pennsylvania Construction Code Act (Act No. 45-1999).
In the copy reproduced here, where the term "third-party agency"
appears throughout the act, we have inserted MDIA for easy reference.
THIS IS NOT AN OFFICIAL COPY OF ACT No. 45
Act No. 45 - 1999 The PENNSYLVANIA CONSTRUCTION CODE ACT
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.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Legislative findings and purpose.
Section 103. Definitions.
Section 104. Application.
Section 105. Department of Labor and Industry.
Section 106. Accessibility Advisory Board.
Chapter 3. Uniform Construction Code
Section 301. Adoption by regulations.
Section 302. Referenced standards.
Section 303. Existing municipal building codes.
Section 304. Revised or successor codes.
Chapter 5. Adoption and Enforcement by Municipalities
Section 501. Administration and enforcement.
Section 502. Consideration of applications and inspections.
Section 503. Changes in Uniform Construction Code.
Section 504. Appeals.
Chapter 7. Training and Certification of Inspectors
Section 701. Training of inspectors.
Section 702. Reciprocity.
Chapter 9. Exemptions and Penalties
Section 901. Exemptions.
Section 902. Penalties.
Chapter 11. Miscellaneous Provisions
Section 1101. Savings.
Section 1102. Repeals.
Section 1103. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Pennsylvania Construction Code Act.
Section 102. Legislative findings and purpose.
(a) Findings - The General Assembly finds as follows:
(1) Many municipalities within this Commonwealth have
no construction codes to provide for the protection of life, health,
property and the environment and for the safety and welfare of the
consumer, general public and the owners and occupants of buildings and
structures. Consumers and occupants may be at risk from substandard
construction.
(2) Likewise, in some regions of this Commonwealth a
multiplicity of construction codes currently exist and some of these
codes may contain cumulatively needless requirements which limit the use
of certain materials, techniques or products and lack benefits to the
public. Moreover, the variation of construction standards caused by the
multiplicity of codes may slow the process of construction and increase
the costs of construction.
(3) The way to insure uniform, modern construction
standards and regulations throughout this Commonwealth is to adopt a
Uniform Construction Code.
(4) The model code of the Building Officials and Code
Administrators International, Inc. (BOCA), is a construction code which
has been widely adopted in this Commonwealth and in the geographical
region of the United States of which this Commonwealth is a part.
Adoption of a nationally recognized code will insure that this
Commonwealth has a uniform, modern construction code which will insure
safety, health and sanitary construction.
(b) Intent and purpose - It is the intent of the General
Assembly and the purpose of this act:
(1) To provide standards for the protection of life,
health, property and environment and for the safety and welfare of the
consumer, general public and the owners and occupants of buildings and
structures.
(2) To encourage standardization and economy in
construction by providing requirements for construction and construction
materials consistent with nationally recognized standards.
(3) To permit to the fullest extent feasible the use
of state-of-the-art technical methods, devices and improvements
consistent with reasonable requirements for the health, safety and
welfare of occupants or users of buildings and structures.
(4) To eliminate existing codes to the extent that
these codes are restrictive, obsolete, conflicting and contain
duplicative construction regulations that tend to unnecessarily increase
costs or retard the use of new materials, products or methods of
construction or provide preferential treatment to certain types or
classes of materials or methods of construction.
(5) To eliminate unnecessary duplication of effort
and fees related to the review of construction plans and the inspection
of construction projects.
(6) To assure that officials charged with the
administration and enforcement of the technical provisions of this act
are adequately trained and supervised.
(7) To insure that existing Commonwealth laws and
regulations, including those which would be repealed or rescinded by
this act, would be fully enforced during the transition to Statewide
administration and enforcement of a Uniform Construction Code. Further,
it is the intent of this act that the Uniform Construction Code
requirements for making buildings accessible to and usable by persons
with disabilities do not diminish from those requirements previously in
effect under the former provisions of the act of September 1, 1965
(P.L.459, No.235), entitled, as amended, "An act requiring that
certain buildings and facilities adhere to certain principles, standards
and specifications to make the same accessible to and usable by persons
with physical handicaps, and providing for enforcement."
(8) To start a process leading to the design,
construction and alteration of buildings under a uniform standard.
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:
"Advisory board." The Accessibility Advisory
Board created in section 106.
"Agricultural building." A structure utilized
to store farm implements, hay, feed, grain or other agricultural or
horticultural products or to house poultry, livestock or other farm animals.
The term shall not include habitable space, spaces in which agricultural
products are processed, treated or packaged and shall not be construed to
mean a place of occupancy by the general public.
"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.
"BOCA." Building Officials and Code
Administrators International, Inc.
"Code administrator." A municipal code
official, a construction code official, a third party agency (such as MDIA)
or the Department of Labor and Industry.
"Construction code official." An individual
certified by the Department of Labor and Industry in an appropriate category
established pursuant to section 701(b) of this act to perform plan review of
construction documents, inspect construction or administer and enforce codes
and regulations in such code category under this act or related acts.
"Department." The Department of Labor and
Industry of the Commonwealth.
"Habitable space." Space in a structure for
living, sleeping, eating or cooking. Bathrooms, toilet compartments,
closets, halls, storage or utility spaces and similar areas shall not be
construed as habitable spaces.
"Health care facility." As defined in section
802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
"I.C.C." The International Code Council.
"Industrialized housing." The term shall have
the meaning ascribed to it in the act of May 11, 1972 (P.L.286, No.70),
known as the Industrialized Housing Act.
"Manufactured housing." Housing which bears a
label, as required by and referred to in the act of November 17, 1982
(P.L.676, No.192), known as the Manufactured Housing Construction and Safety
Standards Authorization Act, certifying that it conforms to Federal
construction and safety standards adopted under the Housing and Community
Development Act of 1974 (Public Law 93_383, 88 Stat. 139).
"Municipal code official." An individual
employed by a municipality or more than one municipality and certified by
the Department of Labor and Industry under this act to perform plan review
of construction documents, inspect construction or administer and enforce
codes and regulations under this act or related acts.
"Municipality." A city, borough, incorporated
town, township or home rule municipality.
"NCSBCS." The National Conference of State
Building Codes and Standards.
"Occupancy." The purpose for which a building,
or portion thereof, is used.
"Secretary." The Secretary of Labor and
Industry of the Commonwealth.
"State institutions." As defined in section 901
of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare
Code.
"Technically infeasible." An alteration of a
building or a facility that has little likelihood of being accomplished
because the existing structural conditions require the removal or alteration
of a load-bearing member that is an essential part of the structural frame,
or because other existing physical or site constraints prohibit modification
or addition of elements, spaces or features which are in full and strict
compliance with the minimum requirements for new construction and which are
necessary to provide accessibility.
"Third-party agency." A person, firm or
corporation (such as MDIA) certified by the Department of Labor and Industry
as a construction code official and contracted to perform plan review of
construction documents, inspect construction or administer and enforce codes
and regulations under this act.
"Uniform Construction Code." The code
established in section 301.
"Utility and miscellaneous use structures."
Buildings or structures of an accessory character and miscellaneous
structures not classified by the Building Officials and Code Administrators
International, Inc., in any specific use group. The term includes carports,
detached private garages, greenhouses and sheds having a building area less
than 500 square feet. The term does not include swimming pools or spas.
Section 104. Application.
(a) General rule - This act shall apply to the
construction, alteration,
repair and occupancy of all buildings in this
Commonwealth.
(b) Exclusions - This act shall not apply to:
(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; or
(4) any agricultural building.
(c) Prior permits and construction -
(1) Subject to paragraph (2) a construction permit
issued under valid construction regulations prior to the effective date
of the regulations 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 requirements of the permit have not been
actively prosecuted within two years of the effective date of the
regulations or the period specified by a municipal ordinance, whichever
is less, the former permit holder shall be required to acquire a new
permit. Where construction of a building or structure commenced before
the effective date of the regulations promulgated under this act and a
permit was not required at that time, construction may be completed
without a permit.
(d) Preemption -
(1) Except as otherwise provided in this act,
construction standards provided by any statute or local ordinance or
regulation promulgated or adopted by a board, department, commission,
agency of State government or agency of local government shall continue
in effect only until the effective date of regulations promulgated under
this act, at which time they shall be preempted by regulations
promulgated under this act and deemed thereafter to be rescinded.
(2)
(i) Except as otherwise provided in this act
and as specifically excepted in subparagraph (ii), a homeowners'
association or community association shall be preempted from
imposing building construction standards or building codes for
buildings to be constructed, renovated, altered or modified.
(ii) In municipalities which have not adopted an
ordinance for the administration and enforcement of this act, a
homeowners' association or community association may adopt by board
regulations the Uniform Construction Code or the I.C.C.
International One and Two Family Dwelling Code, 1998 edition. The
applicable building code shall constitute the standard governing
building structures in the association's community.
(3) Nothing in this act shall preempt any licensure
or Federal certification requirements for health care facilities,
intermediate care facilities for the mentally retarded or for persons
with related conditions or State institutions. This paragraph includes
building and life safety code standards set forth in applicable
regulations.
(4) Nothing in this act shall limit the ability of
the Department of Aging, the Department of Health or the Department of
Public Welfare to promulgate or enforce regulations which exceed the
requirements of this act.
(e) Municipal regulation - Nothing in this act shall
prohibit a municipality from licensing any persons engaged in construction
activities or from establishing work rules or qualifications for such
persons.
(f) Application to swimming pools and spas -
(1) The provisions of this act as they relate to
swimming pools and spas, shall not be applicable to those constructed or
installed prior to the effective date of this act.
(2) All swimming pools and spas constructed or
installed after the effective date of this act, shall be governed by the
requirements of the Pennsylvania Construction Code Act including section
503.
Section 105. Department of Labor and Industry.
(a) Review -
(1) The department shall with reasonable cause review
municipalities, municipal code officials, third-party agencies,
construction code officials and code administrators concerning the
enforcement and administration of this act, including specifically
complaints concerning accessibility requirements.
(2) The department shall make a report to the
governing body of the municipality that was the subject of the review.
The report shall include recommendations to address any deficiency
observed by the department.
(3) The department may require compliance with this
act through proceedings in Commonwealth Court.
(b) State-owned buildings -
(1) The department shall maintain plan and
specification review and inspection authority over all State-owned
buildings. State-owned buildings shall be subject to regulations
promulgated under this act. The department shall notify municipalities
of all inspections of State-owned buildings and give municipalities the
opportunity to observe the department inspection of such buildings.
(2) Municipalities shall notify the department of all
inspection of buildings owned by political subdivisions and give the
department the opportunity to observe municipal inspection of such
buildings.
(3) The department shall make available to
municipalities, upon request, copies of all building plans and plan
review documents in the custody of the department for State-owned
buildings.
(4) A municipality shall make available to the
department upon request copies of all building plans and plan review
documents in the custody of the municipality for buildings owned by
political subdivisions.
(c) Elevators and conveying systems -
(1) The department shall maintain Statewide
administration and inspection authority over ski lifts, inclined
passenger lifts and related devices, and elevators, conveying systems
and related equipment as defined in section 3002.0 (definitions) of
Chapter 30 of the 1999 BOCA National Building Code, Fourteenth Edition.
(2) Notwithstanding Chapters 3 and 5, the department
may, subject to the act of June 25, 1982 (P.L.633, No.181), known as the
Regulatory Review Act, by regulation, modify the 1999 BOCA National
Building Code, Fourteenth Edition Referenced Standards for elevator
construction, repair, maintenance and inspection. The department shall
not require reshackling more than once every two years.
(3) Nothing in this section shall be construed to
disallow third-party elevator inspections.
(d) Department of Health -
(1) Health care facilities, intermediate care
facilities for the mentally retarded or for persons with related
conditions and State institutions shall continue to comply with building
codes and standards set forth in the applicable licensure laws and
regulations. This paragraph includes the applicable edition of the
National Fire Protection Association's Life Safety Code, NFPA No. 101,
and the applicable edition of the Guidelines for Construction and
Equipment of Hospital and Medical Facilities.
(2) The department may delegate its responsibility
for conducting plan reviews and inspections for health care facilities
to the Department of Health.
(e) Limitation - Nothing in this act, the regulations
under this act nor the administration of the act or the regulations by the
department shall contravene the right of builders to freely compete for and
perform contracts for construction of commercial buildings in this
Commonwealth.
Section 106. Accessibility Advisory Board.
(a) Creation and composition -
(1) There is hereby created an Accessibility Advisory
Board which shall be composed of 11 members appointed by the secretary.
At least six members of the advisory board shall be public members,
three of whom shall be persons with physical disabilities, one shall be
an architect registered in Pennsylvania, one shall be a member of the
business community and one shall be a representative of the multifamily
housing industry. One member shall be a municipal official. The chairman
and minority chairman of the Labor and Industry Committee of the Senate
and the chairman and minority chairman of the Labor Relations Committee
of the House of Representatives, or their designees, shall be members.
All members of the advisory board, except the members of the General
Assembly, shall serve for a term of two years and until their successors
are appointed.
(2) The members of the advisory board shall be paid
traveling expenses and other necessary expenses and may receive a per
diem compensation at a rate to be determined by the secretary for each
day of actual service in the performance of their duties under this act.
(3) Meetings of the advisory board shall be called by
the secretary. A quorum of the advisory board shall consist of four
members.
(4) The initial advisory board shall be the body
constituted under the former provisions of section 3.1 of the act of
September 1, 1965 (P.L.459, No.235), entitled, as amended, "An act
requiring that certain buildings and facilities adhere to certain
principles, standards and specifications to make the same accessible to
and usable by persons with physical handicaps, and providing for
enforcement."
(b) Advice on regulation - The advisory board shall
review all proposed regulations under this act and shall offer comment and
advice to the secretary on all issues relating to accessibility by persons
with physical disabilities, including those which relate to the enforcement
of the accessibility requirements.
(c) Recommendations for modifications - The advisory
board shall review all applications from individual projects for
modifications of the provisions of Chapter 11 (Accessibility) of the Uniform
Construction Code and any other accessibility requirements contained in or
referenced by the Uniform Construction Code, and shall advise the secretary
regarding whether modification should be granted or whether compliance by
existing facilities with provisions of Chapter 11 (Accessibility) of the
Uniform Construction Code and any other accessibility requirements contained
in or referenced by the Uniform Construction Code is technically infeasible.
CHAPTER 3
UNIFORM CONSTRUCTION CODE
Section 301. Adoption by regulations.
(a) Regulations -
(1) The department shall, within 180 days of the
effective date of this section, promulgate regulations adopting the 1999
BOCA National Building Code, Fourteenth Edition, as a Uniform
Construction Code, except as provided in section 105(c)(2) and this
section. The department shall promulgate separate regulations which may
make changes to Chapter 1 of the 1999 BOCA National Building Code,
Fourteenth Edition relating to administration that are necessary for the
department's implementation of this act.
(2) The regulations shall include a provision that
all detached one-family and two-family dwellings and one-family
townhouses that are not more than three stories in height and their
accessory structures shall be designed and constructed either in
accordance with the I.C.C. International One and Two Family Dwelling
Code, 1998 edition, or in accordance with the requirements of the
Uniform Construction Code at the option of the building permit
applicant. The provision shall require that an irrevocable election be
made at the time plans are submitted for review and approval. If the
building permit applicant does not indicate a code, the design and
construction shall be in accordance with the Uniform Construction Code.
(3) The regulations shall include a provision that
the secretary shall have the exclusive power to grant modifications and
decide issues of technical infeasibility under Chapter 11
(Accessibility) of the Uniform Construction Code and any other
accessibility requirements contained in or referenced by the Uniform
Construction Code for individual projects.
(4) The secretary shall consider the recommendations
of the advisory board as provided in section 106(c). The department
shall consider the comments of the advisory board with respect to
accessibility issues in any proposed regulations.
(5) The regulations shall provide for a system of
periodic compliance reviews conducted by the department and for
enforcement procedures conducted by the department to ensure that code
administrators are adequately administering and enforcing Chapter 11
(Accessibility) of the Uniform Construction Code and any other
accessibility requirements contained in or referenced by the Uniform
Construction Code.
(6) The regulations shall include the provisions of
exception 8 to section 1014.6 (relative to stairway treads and risers)
of the 1993 BOCA National Building Code, Twelfth Edition and the
provisions of section R-213.1 (relative to stairways) of the CABO One
and Two Family Dwelling Code, 1992 edition, which provisions shall
continue in effect until December 31, 2003, and such provisions shall be
applicable notwithstanding section 303(B), which shall not apply to the
provisions of any municipal building code ordinance which equals or
exceeds these provisions.
(7) The department shall consult with the Department
of Health in the development of regulations relating to health care
facilities, intermediate care facilities for the mentally retarded or
for persons with related conditions and State institutions.
(b) International Fuel Gas Code - The department shall,
within 180 days of the effective date of this section, promulgate
regulations adopting the International Fuel Gas Code for the installation of
fuel gas piping systems, fuel gas utilization equipment and related
accessories as the standard for the installation of piping, equipment and
accessories in this Commonwealth.
(c) Prescriptive methods for energy-related standards - The department shall, within 180 days of the effective date of
this section, by regulation promulgate prescriptive methods to implement the
energy-related standards of the Uniform Construction Code which take into
account the various climatic conditions through this Commonwealth. In
deriving these standards the department shall seek to balance energy savings
with initial construction costs.
(d) Scope of regulations -
(1) The regulations adopted by the department
implementing these codes shall supersede and preempt all local building
codes regulating any aspect of the construction, alteration and repair
of buildings adopted or enforced by any municipality or authority or
pursuant to any deed restriction, rule, regulation, ordinance,
resolution, tariff or order of any public utility or any State or local
board, agency, commission or homeowners' association, except as may be
otherwise specifically provided in this act.
(2) The department may establish by regulation plan
review and inspection fees where the department is responsible for
administration and enforcement and requirements for municipal
notification to the department of ordinance adoption and repeal under
Chapter 5. The department shall consult with the Department of Aging,
the Department of Health or the Department of Public Welfare, as
appropriate, to determine fees for health care facilities, intermediate
care facilities for the mentally retarded or for persons with related
conditions and State institutions.
(3) The department shall establish by regulation
standards for the retention and sharing of building plans and other
documents, for other than one-family or two-family dwelling units and
utility and miscellaneous use structures, by the department,
municipalities and third-party agencies.
Section 302. Referenced standards.
(a) General rule - The standards referenced in Chapters
30 and 35 relating to elevators and conveying systems and referenced
standards, respectively, or the applicable chapter, of the 1999 BOCA
National Building Code, Fourteenth Edition and the American National
Standards for Passenger Tramways, Aerial Tramways, Aerial Lifts, Surface
Lifts and Tows, ASME/ANSI B77.1, shall be considered part of the
requirements of the Uniform Construction Code to the prescribed extent of
each such reference except that BNPMC-96 BOCA National Property Maintenance
Code and ASME/ANSI A17.3 (safety code for existing elevators and escalators)
shall be excluded.
(b) No preemption - Nothing contained in this act shall
be construed to preempt the ability of a municipality to adopt or enforce
the codes referred to in this section to the extent not referenced, in whole
or in part, in Chapter 35 relating to referenced standards or applicable
chapter of the 1999 BOCA National Building Code, Fourteenth Edition.
Section 303. Existing municipal building codes.
(a) Failure to meet minimum requirements -
(1) Except as provided in paragraph (2), the
provisions of municipal building code ordinances in effect on the
effective date of this act that do not equal or exceed the minimum
requirements of the regulations promulgated under this act shall be
amended by the effective date of the regulations promulgated under this
act to provide for the minimum requirements.
(2) A municipal building code ordinance provision in
effect in or adopted by a city of the first class on or before January
1, 1998, shall remain in effect until December 31, 2003, by which time
those provisions of the ordinance which do not comply with the minimum
requirements of the regulations promulgated under this act shall be
amended to provide for the minimum requirements of regulations
promulgated under this act.
(b) Provisions which equal or exceed the Uniform
Construction Code -
(1) Municipal building code ordinances in effect on
July 1, 1999, or reenactments of provisions of simultaneously repealed
ordinances which were originally adopted prior to July 1, 1999, which
contain provisions which equal or exceed the specific requirements of
the regulations promulgated under this act shall remain in effect until
such time as any such provisions fail to equal or exceed the minimum
requirements of the regulations promulgated under this act, at which
time the provisions of such ordinances shall be amended to provide for
the minimum requirements of the regulations promulgated under this act.
(2) Municipal building code ordinances adopted or
effective after July 1, 1999, except reenactments of provisions of
simultaneously repealed ordinances which were originally adopted prior
to July 1, 1999, shall continue in effect only until the effective date
of the regulations promulgated under this act, at which time the
municipal building code ordinance shall be preempted by the regulations
promulgated under this act and shall be deemed thereafter to be
rescinded.
Section 304. Revised or successor codes.
(a) Building code -
(1) By December 31 of the year of the issuance of a
new triennial BOCA National Building Code, or its successor building
code, the department shall promulgate regulations adopting the new code
as the Uniform Construction Code.
(2) By December 31 of the year of issuance of a new
triennial ICC International One and Two Family Dwelling Code or its
successor building code, the department shall promulgate regulations
providing that all detached one-family and two-family dwellings and
one-family townhouses that are not more than three stories in height and
their accessory structures may be designed in accordance with that code
or the Uniform Construction Code at the option of the building permit
applicant.
(b) International Fuel Gas Code - By December 31 of the
year of the issuance of a new International Fuel Gas Code, or its successor
code, the department shall promulgate regulations adopting the new code.
(c) Prior permits and construction -
(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 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.
CHAPTER 5
ADOPTION AND ENFORCEMENT BY MUNICIPALITIES
Section 501. Administration and enforcement.
(a) Adoption of ordinance -
(1) In order to administer and enforce the provisions
of this act, municipalities shall enact an ordinance concurrently
adopting the Uniform Construction Code as their municipal building code
and the International Fuel Gas Code for the purposes described in
section 302(a). Municipalities may adopt the Uniform Construction Code
and incorporated codes and the International Fuel Gas Code by reference.
(2) Municipalities shall have 90 days after the
effective date of this act to adopt such an ordinance. Municipalities
shall notify the department of the adoption of such an ordinance within
30 days. A municipality may adopt such an ordinance at any time
thereafter, upon giving the department 180 days' notice of its intention
to adopt such ordinance.
(b) Municipal administration and enforcement - This act
may be administered and enforced by municipalities in any of the following
ways:
(1) By the designation of an employee to serve as the
municipal code official to act on behalf of the municipality for
administration and enforcement of this act.
(2) By the retention of one or more construction code
officials or third-party agencies (such as MDIA) to act on behalf of the
municipality for administration and enforcement of this act.
(3) Two or more municipalities may provide for the
joint administration and enforcement of this act through an
intermunicipal agreement under 53 Pa.C.S. Ch. 23 Subch. A (relating to
intergovernmental cooperation).
(4) By entering into a contract with the proper
authorities of another municipality for the administration and
enforcement of this act. When such a contract has been entered into, the
municipal code official shall have all the powers and authority
conferred by law in the municipality which has contracted to secure such
services.
(5) By entering into an agreement with the department
for plan reviews, inspections and enforcement of structures other than
one-family or two-family dwelling units and utility and miscellaneous
use structures.
(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 a board of appeals as provided by Chapter 1
of the 1999 BOCA National Building Code, Fourteenth Edition 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.
(2) An application for appeal shall be based on a
claim that the true intent of this act or regulations legally 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, the municipality may fill a position
on the board with a qualified person who resides outside of the
municipality.
(d) Registration. --Nothing in this act shall allow a
municipality to prohibit a construction code official who meets the
requirements of Chapter 7 and remains in good standing from performing
inspections in the municipality. This section does not alter the power and
duties given to municipalities under subsection (b) (1), (3) and (4).
(e) Nonmunicipal administration -
(1) In municipalities which have not adopted an
ordinance for the administration and enforcement of this act, it shall
be the duty of the municipality to notify an applicant for a
construction permit that it shall be the responsibility of the permit
applicant of one-family or two-family dwelling units and utility and
miscellaneous use structures to obtain the services of a construction
code official or third-party agency (such as MDIA) with appropriate
categories of certification to conduct the plan review and inspections.
For one-family and two-family dwelling units and utility and
miscellaneous use structures, all of the following five inspections
shall be required:
(i) Foundation inspection.
(ii) Plumbing, mechanical and electrical inspection.
(iii) Frame and masonry inspection.
(iv) Wallboard inspection.
(v) Final inspection. The final inspection shall
not be deemed approved until all previous inspections have been
successfully completed and passed.
(2) In municipalities which have not adopted an
ordinance for the administration and enforcement of this act, it shall
be the duty of the municipality to notify the department and an
applicant for a construction permit that it shall be the responsibility
of the owner of structures other than one-family or two-family dwelling
units and utility and miscellaneous use structures to obtain the
services of the department or a third-party agency (such as MDIA) with
appropriate categories of certification under contract to the department
to conduct the plan review and inspections required by this act.
(3) A copy of the final inspection report shall be
sent to the property owner and to the builder and to a lender designated
by the builder.
(4) In municipalities which require a building permit
or a certificate of occupancy but do not conduct inspections, the code
administrator shall also be required to submit a copy of the report to
the municipality. No certificate of occupancy shall be issued for a
building unless it meets all of the applicable accessibility provisions
of the Uniform Construction Code or has been granted a variance for the
requirements it does not meet. A certificate of partial occupancy may be
issued if the space to be occupied complies with the accessibility
requirements contained in the Uniform Construction Code unless a
variance for the space has been obtained in accordance with this act.
(f) Private right of action -
(1) In relation to complaints arising out of Chapter
11 (Accessibility) of the Uniform Construction Code, any individual,
partnership, agency, association or corporation who reasonably believes
there is a violation of the accessibility provisions of this act and its
regulations by a governmental entity or private owner may file a
complaint with the body responsible for enforcement of the Uniform
Construction Code. The complaint shall be in writing, shall be verified
and shall set forth the grounds for the complaint. Within 60 days after
the receipt of the complaint, the code enforcement body shall respond to
the complaint by acknowledging receipt of the complaint in writing. The
enforcement body shall investigate the complaints and respond to the
complainant in writing with its findings, determinations and any
enforcement measures initiated or contemplated within 120 days after the
receipt of the complaint. For the purpose of investigating a complaint,
an employee of the enforcement organization may inspect at reasonable
times the building or building site which is the subject of the
complaint and may make any additional investigation deemed necessary for
the full and effective determination of compliance with this act and
regulations promulgated pursuant to it.
(2) Any individual, partnership, agency, association
or corporation aggrieved by a final determination of the enforcement
agency of a complaint filed pursuant to paragraph (1) hereof may file a
petition for review within 30 days of the final determination in the
Commonwealth Court pursuant to 42 Pa.C.S. § 763(a) (relating to direct
appeals from government agencies). The decision of the enforcement
agency shall not be reversed unless it is found to be arbitrary,
capricious, illegal or not supported by substantial evidence.
(3)
(i) Any individual, partnership, agency,
association or corporation who filed a complaint pursuant to
paragraph (1) and received no written response from the enforcement
agency acknowledging receipt of its complaint within 60 days or
received a response from the enforcement agency indicating that a
violation was found but enforcement measures were not contemplated
or enforcement measures were contemplated but such measures were not
initiated after a period of 60 days from said response may bring a
civil action in the appropriate court of common pleas against the
agency for failure to enforce the provisions of this act and the
regulations promulgated thereto or a building owner or owner’s
agent for a violation of any provisions of this act or regulations
promulgated pursuant to it.
(ii) If the court finds a violation of this act
or of regulations adopted pursuant to it, the court may enjoin
construction or remodeling of the building, direct the correction of
violations within a reasonable and specified time period or order
such other relief deemed appropriate. The court, in issuing any
final orders in any action brought pursuant to this section, may
award costs of litigation, attorney and expert witness fees, to any
party, whenever the court determines such an award is appropriate.
The court may, if a temporary restraining order or preliminary
injunction is sought, require the filing of a bond or equivalent
security in accordance with the rules of civil procedure.
(iii) An architect or licensed design
professional who has complied with the provisions of this act and
its regulations and prepared construction documents in accordance
with accepted professional standards shall have no further liability
pursuant to litigation commenced under this section.
Section 502. Consideration of applications and inspections.
(a) Applications for construction permits -
(1) Every application for a construction permit for
one-family and two-family dwelling units and utility and miscellaneous
use structures shall be granted or denied, in whole or in part, within
15 business days of the filing date. All other construction permits
shall be granted or denied, in whole or in part, within 30 business days
of the filing date. Municipalities may establish different time limits
to consider applications for construction permits in historic districts.
(2) If an application is denied in whole or in part,
the code administrator shall set forth the reasons in writing.
(3) If the code administrator fails to act on an
application for a construction permit for one-family and two-family
dwelling units and utility and miscellaneous use structures within the
time prescribed, the application shall be deemed approved. The time
limits established in this section for permit applications other than
one-family and two-family dwellings may be extended upon agreement in
writing between the applicant and the municipality for a specific number
of additional days.
(b) Highway occupancy permit -
(1) No building permit shall be issued for any
property which will require access to a highway under the jurisdiction
of the Department of Transportation, unless the permit contains a notice
that a highway occupancy permit is required pursuant to section 420 of
the act of June 1, 1945 (P.L.1242, No.428), known as the State Highway
Law, before driveway access to a State highway is permitted.
(2) The Department of Transportation shall, within 60
days of the date of receipt of an application for a highway occupancy
permit:
(i) approve the permit;
(ii) deny the permit;
(iii) return the application for additional
information or correction to conform with regulations of the
Department of Transportation; or
(iv) determine that no permit is required, in
which case the Department of Transportation shall notify the
municipality and applicant in writing.
(3)
(i) If the Department of Transportation fails
to take any action within the 60-day period, the permit shall be
deemed to be issued. The permit shall be marked to indicate that
access to the State highway shall be only as authorized by a highway
occupancy permit.
(ii) Notwithstanding the provisions of
subparagraph (i), if the highway occupancy permit requires a
determination by the United States Department of Transportation, the
Pennsylvania Department of Transportation shall have 60 days from
the receipt of the determination to take action on the permit or the
permit shall be deemed to be issued.
(4)
(i) Neither the Department of Transportation
nor any municipality to which permit-issuing authority has been
delegated under section 420 of the State Highway Law shall be liable
in damages for any injury to persons or property arising out of the
issuance or denial of a driveway permit, or for failure to regulate
any driveway.
(ii) The municipality from which the building
permit approval has been requested shall not be held liable for
damages to persons or property arising out of the issuance or denial
of a driveway permit by the Department of Transportation.
(c) Financial interest prohibited - A code administrator
shall not review or approve any plans for or construction of any building or
structure in which the code administrator has any financial interest.
Section 503. Changes in Uniform Construction Code.
(a) Administration - Municipalities may enact ordinances
which equal or exceed the minimum requirements of Chapter 1 of the 1999 BOCA
National Building Code, Fourteenth Edition relating to administration
consistent with the provisions of section 501(c).
(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.
(c) Modification of minimum requirement - Subject to the
provisions of this act, the municipal governing body may propose and enact
an ordinance to equal or exceed the minimum requirements of the Uniform
Construction Code under the law governing the adoption of ordinances in that
jurisdiction.
(d) Public hearing - The municipality shall hold at least
one public hearing prior to adoption of the ordinance.
(e) Notice of public hearing - The municipality shall
place notice in a newspaper of general circulation in the municipality at
least seven days, but not more than 60 days, in advance of a public hearing
to consider the proposed ordinance.
(f) Filing of proposed ordinance with department - The
municipality shall file a copy of the proposed ordinance with the department
at least 30 days prior to public hearing. The department shall make proposed
ordinances available for public inspection.
(g) Municipal action - Following the public hearing, the
municipal governing body may enact the ordinance under the law governing the
adoption of ordinance in that jurisdiction.
(h) Amendment of proposed ordinance - If the municipality
proposes any substantive amendment to a proposed ordinance, the municipal
governing body shall be required to meet the advertising, filing, notice and
public hearing requirements of this section before enacting the proposed
ordinance.
(i) Department review - The department shall review all
proposed ordinances required to be filed with the department under
subsection (f) for compliance with subsection (b). If the proposed ordinance
does not comply with subsection (b), the department shall advise the
municipality of its finding setting forth the reasons in writing. The
municipality shall then withdraw the proposed ordinance or revise the
proposed ordinance to meet the minimum requirements of the Uniform
Construction Code.
(j) Challenge of ordinance -
(1) Aggrieved parties shall have 30 days from date of
enactment of the ordinance to file a written challenge with the
department and the municipality. The challenge shall state the reason or
reasons for the challenge. A municipal ordinance may not take effect for
a period of 35 days following its enactment. If a challenge is filed in
writing with the department within 30 days, the department has five
business days from the end of the 30_day filing period to notify a
municipality of the challenge. There may be no enforcement of the
ordinance until a ruling is issued by the secretary or 45 days after the
filing date of the last challenge to the ordinance, whichever occurs
first.
(2) The department shall review any ordinance which
would equal or exceed the minimum requirements of the Uniform
Construction Code based on the following standards:
(i) that certain clear and convincing local
climatic, geologic, topographic or public health and safety
circumstances or conditions justify the exception;
(ii) the exception shall be adequate for the
purpose intended and shall meet a standard of performance equal to
or greater than that prescribed by the Uniform Construction Code;
(iii) the exception would not diminish or
threaten the health, safety and welfare of the public; and
(iv) the exception would not be inconsistent with
the legislative findings and purpose described in section 102.
The department shall take into consideration, in
rendering the determination, the provision, code development process
history, purpose and intent of relevant provisions of the 1999 BOCA National
Building Code, Fourteenth Edition, I.C.C. International One and Two Family
Dwelling Code, 1998 edition, or their successor codes.
(k) Ruling by secretary - A ruling on a challenge by an
aggrieved party shall be issued by the secretary within 45 days of receipt
of the filing of the last challenge to the ordinance or within 30 days of
the hearing on the challenge which must be held by the department upon the
request of the municipality, in the municipality wherein the ordinance is
proposed, whichever last occurs. If the secretary approves the ordinance,
the municipality may begin to administer and enforce the ordinance. If the
secretary disapproves the ordinance, the ordinance shall be null and void.
The secretary shall state the reasons for the disapproval in writing to the
municipality.
Section 504. Appeals.
(a) Ruling of secretary - An appeal of the secretary's
ruling may be taken to the appropriate court of common pleas within 30 days
of the date of the ruling.
(b) Application for enforcement of ordinance - Any person
aggrieved by the application or enforcement of any provision of an ordinance
adopted pursuant to section 503 shall have the right to challenge the
validity of the ordinance in the appropriate court of common pleas. In order
to be aggrieved, a person must have a direct, immediate and substantial
interest in the application or enforcement of the ordinance.
CHAPTER 7
TRAINING AND CERTIFICATION OF INSPECTORS
Section 701. Training of inspectors.
(a) Training program - The department, in consultation
with the advisory board, BOCA, NCSBCS and other interested parties, shall by
regulation adopt a program of required training and certification for all
categories of code administrators. This education program shall include
accessibility requirements contained in and referenced by the Uniform
Construction Code. The department may contract with third parties to provide
the code training and testing programs.
(b) Categories of inspectors - The department, in
consultation with BOCA and other interested parties, shall establish
appropriate categories of code administrators.
(c) Certification - Upon determination of qualification,
the department shall issue a certificate to the code administrator stating
that he is so certified.
(d) Waiver - The department shall by regulation establish
a procedure for the consideration of requests for waivers of the initial
training and certification requirements for individuals who present
documentation that they have previously satisfied substantially similar
training, testing and certification requirements. Any waiver shall not apply
to continuing education requirements.
(e) Current officials -
(l) The department shall by regulation determine the
time period for current code administrators to meet the training and
certification requirements of this act. This time period shall not be
less than three years and not exceed seven years from the effective date
of this act for individuals conducting plan review and inspections of
one-family or two-family residential property or not be less than five
years and not exceed ten years for individuals conducting plan reviews
and inspections on all other buildings and structures.
(2) Notwithstanding the provisions of this
subsection, the department shall adopt regulations specifically
providing for the department's administration and enforcement of the
provisions of Chapter 11 (Accessibility) of the Uniform Construction
Code and any other accessibility requirements contained in or referenced
by the Uniform Construction Code until code administrators have been
certified regarding accessibility provisions. The department shall
maintain jurisdiction over the provisions of Chapter 11 (Accessibility)
of the Uniform Construction Code and any other accessibility
requirements contained in or referenced by the Uniform Construction Code
until such time as municipal code administrators meet the requirements
for certification.
(f) Continuing education- The department shall, by
regulation, adopt and implement the continuing education program and all
code administrators shall participate in the department's continuing
education programs.
(g) Remedial education - The department is empowered to
require code administrators to participate in remedial education programs
for just cause.
(h) Decertification - The department is empowered to
decertify code administrators for just cause. The department shall, by
regulation, establish a procedure for the notification of code
administrators of decertification and the right of the individual to receive
a hearing before the department on decertification.
(i) List of code administrators - The department shall
maintain a list of code administrators, indicating the categories of
certifications, which shall be made available to municipalities and, upon
request, the public.
(j) Fees - The department shall determine and approve
reasonable fees for educational programs, testing and certification of code
administrators. The department shall consult with the Department of Aging,
the Department of Health or the Department of Public Welfare, as
appropriate, to determine fees for health care facilities, intermediate care
facilities for the mentally retarded or for persons with related conditions
and State institutions.
(k) Insurance - The department shall promulgate
regulations requiring code administrators in third-party agencies (such as
MDIA) to carry minimum levels of liability insurance.
Section 702. Reciprocity.
The department may develop reciprocity agreements with
other states or jurisdictions which have established accreditations and
certification requirements which the department determines to be
substantially similar to those set forth in this act.
CHAPTER 9
EXEMPTIONS, APPLICABILITY AND PENALTIES
Section 901. Exemptions.
This act shall not apply to manufactured housing which
bears a label, as required by and referred to in the act of November 17,
1982 (P.L.676, No.192), known as the Manufactured Housing Construction and
Safety Standards Authorization Act, which certifies that it conforms to
Federal construction and safety standards adopted under the Housing and
Community Development Act of 1974 (Public Law 93_383, 88 Stat. 139), nor
shall it apply to industrialized housing, as defined in the act of May 11,
1972 (P.L.286, No.70), known as the Industrialized Housing Act.
Section 902. Applicability to historic buildings, structures
and sites.
The provisions of the 1999 BOCA National Building Code,
Fourteenth Edition, relating to the construction, repair, alteration,
addition, restoration and movement of structures shall not apply to existing
buildings and structures, or new buildings and structures not intended for
residential use on historic sites, that are identified and classified by the
federal, state or local government authority as historic buildings or sites
where such buildings and structures are judged by the code official to be
safe and in the interest of public health, safety and welfare.
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.
(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.
CHAPTER 11
MISCELLANEOUS PROVISIONS
Section 1101. Savings.
This act shall not repeal or in any way affect:
Sections l, 3.3, 3.4, 3.5, 3.6(f)(1)(i), (f.1) and (g),
10.1, 13, 14 and 15 of the act of April 27, 1927 (P.L.465, No.299), referred
to as the Fire and Panic Act.
Section 2203_A of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
Act of May 2, 1929 (P.L.1513, No.451), referred to as the
Boiler Regulation Law.
Act of August 24, 1951 (P.L.1304, No.315), known as the
Local Health Administration Law, insofar as it applies to counties of the
first class and of the second class, and rules and regulations adopted by
counties of the first class and of the second class under the act. Any
construction standard adopted after October 31, 1996, by counties of the
first class and of the second class under the authority of the Local Health
Administration Law shall comply with Chapters 3 and 5 of this act.
Act of December 27, 1951 (P.L.1793, No.475), referred to
as the Liquefied Petroleum Gas Act.
Act of October 27, 1955 (P.L.744, No.222), known as the
Pennsylvania Human Relations Act, and regulations promulgated under the act.
Act of January 24, 1966 (1965 P.L.1535, No.537), known as
the Pennsylvania Sewage Facilities Act, and regulations promulgated under
the act.
Act of June 13, 1967 (P.L.31, No.21), known as the Public
Welfare Code.
Act of October 4, 1978 (P.L.851, No.166), known as the
Flood Plain Management Act, and regulations and ordinances promulgated under
the act.
Act of July 19, 1979 (P.L.130, No.48), known as the
Health Care Facilities Act.
Act of July 11, 1990 (P.L.499, No.118), known as the
Older Adult Daily Living Centers Licensing Act.
Section 1102. Repeals.
(a) Absolute - The following acts and parts of acts are
repealed:
Sections 2, 3, 3.1, 3.2, 3.6(a), (b), (c), (d), (e),
(f) (1) (ii), (iii) and (2), 4, 4.1, 4.2, 5, 6, 7, 8, 9, 10, 11, 12 and
15.1 of the act of April 27, 1927 (P.L.465, No.299), referred to as the
Fire and Panic Act.
Act of May 2, 1929 (P.L.1518, No.452), referred to as
the Elevator Regulation Law.
Act of September 1, 1965 (P.L.459, No.235), entitled,
as amended, "An act requiring that certain buildings and facilities
adhere to certain principles, standards and specifications to make the
same accessible to and usable by persons with physical handicaps, and
providing for enforcement."
Act of July 9, 1976 (P.L.919, No.170), entitled
"An act providing for the approval or disapproval of applications
for a permit relating to the construction or maintenance of improvements
to real estate."
Act of December 15, 1980 (P.L.1203, No.222), known as
the Building Energy Conservation Act, and regulations promulgated
thereunder.
Act of December 17, 1990 (P.L.742, No.185), entitled
"An act providing for restrooms in facilities where the public
congregates; and requiring that restroom facilities be provided for
women on an equitable basis."
Act of December 19, 1990 (P.L.1387. No.214), known as
the Dry Cleaning Law.
(b) General - All other acts and parts of acts are
repealed insofar as they are inconsistent with this act.
Section 1103. Effective date.
This act shall take effect as follows:
(1) Sections 104(d)(3) and (4), 301, 302, 701 and
this section shall take effect immediately.
(2) The remainder of this act shall take effect 90
days following publication of notice in the Pennsylvania Bulletin that
the regulations required by this act have been finally adopted.
THIS IS NOT AN OFFICIAL COPY OF ACT No. 45
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