34 Pa. Code | Title 34 Pa. Code — Labor and Industry

Part I Department of Labor and Industry

Chapter 1 General Provisions

34 Pa. Code § 1.1 Definitions.

The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Approved—Approved by the Board. Board—The Industrial Board of the Commonwealth. Department—The Department of Labor and Industry of the Commonwealth. Establishment—Any room, building or place within this Commonwealth where work is done for compensation, to whomever payable, supervision over which has been given by statute to the Department of Labor and Industry. Secretary—The Secretary of the Department of Labor and Industry.

History

Source: The provisions of this § 1.

34 Pa. Code § 1.2 Procedure for amending this part.

In order to amend the provisions of this part, the following procedure shall be followed:

(1) An employer, employee or other person interested or affected by the provisions of this part may petition for a hearing on the reasonableness of the provisions by filing a petition with the Board through its Secretary at Harrisburg, setting forth the provisions of Part I upon which a change is desired and the reasons for such change.

(2) Upon receipt of a petition the Board will determine its merits and if a hearing is necessary, notice of time and place of such hearing will be given to the petitioner and to such other persons as the Board may find directly interested.

History

Source: The provisions of this § 1.

34 Pa. Code § 1.3 Scope.

In addition to the provisions of this part, the Department will apply in all matters not specifically covered by this part all other regulations which involve the lives, limbs and health of workers.

History

Source: The provisions of this § 1.

34 Pa. Code § 1.4 Administration.

Except where not applicable, or unless otherwise provided, the following apply to establishments within this Commonwealth which are subject to this part:

(1) A person may not remove or make ineffective a safeguard, safety appliance, sanitary facility or a device attached to machinery or guarding a hazardous condition except for the purpose of immediately oiling or making repairs, renewals, adjustments, inspections or as otherwise provided for in this part. A person who removes or makes ineffective a safeguard, safety appliance, sanitary facility or device for oiling, repairs, renewals, adjustments or inspections shall replace it immediately upon the completion of the oiling, repairs, renewals, adjustments or inspections.

(2) An employer or person exercising direction or control over a person who removes the safeguard, safety appliance, sanitary facility or a device, or over a person for whose protection it is designed, shall have the safeguard, safety appliance, sanitary facility or device so removed, promptly and properly replaced.

(3) An employee shall use safeguards, safety appliances, facilities or devices furnished for his protection and shall comply with this part which may concern or affect their conduct.

History

Source: The provisions of this § 1.

34 Pa. Code § 1.11 Applicability of general rules.

Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) is applicable to the activities of and proceedings before the Department.

The provisions of this § 1.11 adopted April 11, 1975, 5 Pa.B. 899.

History

Source: The provisions of this § 1.

Chapter 6 Construction and Repairs

34 Pa. Code § 6.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Brace—A tie that holds one point in a fixed position with respect to another point. Bracing is a system of braces or ties that prevent distortion of a structure. Bracing—All temporary devices required to be used or installed during construction, repair or revision operations for the purpose of holding in place components of a building or a structure until it and all its components are permanently assembled and connected in ways that insure permanent stability. This term shall include but not be limited to braces, shores, struts, ties, forms, centering, walers, cross arms and any other devices which temporarily hold components in place during the construction of a structure. Bricklayers’ squares scaffold—A scaffold, the platform of which is composed of boards supported by ‘‘jacks’’ or ‘‘squares’’ secured to each other by double diagonal bracking. Carpenters’ bracket scaffold—A scaffold, the platform of which is composed of boards supported by brackets or that are secured to the side of the building. Crawling board or Chicken ladder—A board to which cross strips are nailed or otherwise fastened for use on a ladder. Guardrail—A rail 34 inches in height, erected to protect the workmen as well as to prevent the falling of material from a platform. Horse scaffold—A scaffold, the platform of which is supported by horses. Independent scaffold—A scaffold supported from the base by a double row of uprights, independent of support from the walls and constructed of uprights, ledgers, horizontal platform bearers and diagonal bracing. An independent pole scaffold may also be referred to as a built-up scaffold. Ladder jack scaffold—A scaffold, the platform of which is supported by jacks attached to ladders. Lanyard—A rope, webbed belt or equivalent, suitable for supporting one person. One end is fastened to a safety belt or harness and the other end is secured to a substantial object or a lifeline. Ledger and stringer—A scaffold member which extends horizontally from post to post, at right angles to the putlogs, supports the putlogs, forms a tie between the posts, and becomes a part of the scaffold bracing. Ledgers which do not support putlogs are also called stringers. Lifeline—A rope, or cable, to which a lanyard, safety belt or harness is attached. Needle beam scaffold—A scaffold consisting of a plank platform which rests upon two parallel horizontal beams (needle beams) supported at the ends by ropes. Outriggers’ scaffold—A scaffold, the platform of which is supported by projecting beams or ‘‘thrustouts’’ that extend from the wall of the building and are firmly held and secured to the framework or flooring inside the building. Painters’ swinging scaffold—A scaffold, the platform of which is suspended or swung from overhead supports, and rests on hangers of either iron or steel. Plasterers’ and decorators’ inside scaffold—A scaffold for use on light work inside a building, the platform of which is supported by ladders, steps or trestles. Putlog or Bearer—A scaffold member upon which the platform rests. In a single pole scaffold the outer end of the putlog rests on a ledger and the inner end rests in the wall. In an independent pole scaffold each end of the putlog rests on a ledger. In an independent pole scaffold a putlog is known as a bearer. Roofing bracket—A bracket (jack) used for shingling and roofing, having sharp points that are thrust into the roof to prevent sliding, or supported by means of ropes passing around or over some permanent or solidly secured object. Runway—A stationary incline provided as a means of ascent and descent from one level to another. Safety belt—A device usually worn around the waist which, by reason of its attachment to a lanyard and lifeline or a structure, acts to prevent a worker from falling. Scaffold—An elevated platform used for supporting workmen or materials in the course of the constructing, altering, repairing, wrecking, painting, cleaning or painting of buildings, or other construction work. Single pole scaffold—A platform resting on putlogs or crossbeams, the outer ends of which are supported on ledgers secured to a single row of posts or uprights and the inner ends on a wall or holes in a wall. Suspended scaffold—A scaffold, the platform of which is suspended from overhead supports by means of cables or steel ribbons and is adjustable. Temporary floor—A floor constructed for use during building operations only. Toeboard—A board six inches in height, erected at right angles to the platform and tightly against it to protect the workmen as well as to prevent the falling of material from a platform. Window jack scaffold—A scaffold, the platform of which is supported by a single jack or ‘‘thrustout’’ which projects through a window opening.

The provisions of this § 6.3 amended November 20, 1971, 1 Pa.B. 2166.

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.2 Scope.

This chapter sets forth rules to safeguard the lives, limbs and health of workers who are engaged in construction and repair work, when such work is being done in this Commonwealth, and places the responsibility of complying with such rules upon both employer and employe.

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.2a Interpretation of Federal preemption of State regulations—statement of policy.

(a) Purpose. The purpose of this statement of policy is to clarify for the regulated community the Department’s interpretation of Federal preemption of the State regulations in this chapter regarding construction and repairs.

(b) Interpretation. For purposes of this chapter, the Department interprets that the Occupational Safety and Health Act (29 U.S.C. Chapter 15), and its corresponding regulations in 29 CFR Chapter XVII (relating to Occupational Safety and Health Administration, Department of Labor), preempt the State regulations in this chapter on private sector construction and repairs. However, for public sector construction and repairs, or to the extent that Federal regulation does not apply, the State regulation will remain in full force and effect.

The provisions of this § 6.2a added under section 12 of the act of May 18, 1937 (P.L. 654, No. 174) (43 P.S. § 25-12).

The provisions of this § 6.2a added February 27, 2026, effective February 28, 2026, 56 Pa.B. 1139.

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.3 Types of scaffolds.

Types of scaffolds shall include the following:

(1) Boatswains’ chairs.

(2) Bricklayers’ square scaffolds.

(3) Carpenters’ bracket scaffolds.

(4) Crawling boards.

(5) Horse scaffolds.

(6) Independent pole scaffolds.

(7) Ladderjack scaffolds.

(8) Needle beam scaffolds.

(9) Outriggers’ scaffolds.

(10) Painters’ swinging scaffolds.

(11) Plasterers’ and decorators’ inside scaffolds.

(12) Roofing brackets and scaffolds.

(13) Runways and ramps.

(14) Single pole scaffolds.

(15) Suspended scaffolds.

(16) Window jack scaffolds.

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.4 Penalty.

Any person who violates any of the provisions of this chapter or any regulations of the Department, or who interferes with the Department or its duly authorized representative in the enforcement of such provisions or regulations shall be penalized under the provisions of section 15 of act of May 18, 1937 (P.L. 685, No. 174) (43 P.S. § 25-15).

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.11 General.

(a) Supervision. The erection, alteration and removal of scaffolds shall be done under the direction and supervision of men thoroughly experienced in scaffold work.

(b) Lumber sizes. Lumber sizes, when used in this chapter, refer to nominal sizes except where dimensions other than standard sizes are given.

(c) Scaffolds to be provided. Scaffolds constructed in accordance with this Chapter shall be provided for workmen engaged in work that is not possible to do safely from the ground or from solid construction, except such short period work as may be done safely from ladders.

(d) Strength of lumber. Lumber used in the construction and erection of scaffolds shall be of sap pine, long leaf yellow pine, spruce, fir, Oregon pine or equivalent in strength and shall be sound, well-seasoned (except sap pine) and free from strength-reducing defects, such as knots of greater size than consistent with absolute safety, crossgrain, dip grain, shakes, large checks, brashness, rot or dote of worm holes, or other defects impairing its strength or durability. Hemlock shall not be used for scaffolds over 30 feet in height. Hemlock, when used, shall be of larger size than that required for any other species of wood. Reference should be made to the Appendix to this chapter, setting forth rating strength of lumber.

(e) Inspection of lumber and safety factor. All lumber shall be thoroughly inspected before use and all scaffolds and their supports shall be capable of supporting the load they are designed to carry with a safety factor of at least four. Scaffolds shall not at any time be overloaded.

(f) Planks for flooring. Planks used for flooring shall be of uniform thickness so as not to cause unevenness, and, in laying such planks, care shall be taken to avoid ‘‘traps.’’

(g) Guardrails and toeboards. Guardrails and toeboards shall be provided on the outer edges and ends of the platforms of all types of scaffolds six feet or more above the ground (including rails across window openings which extend more than 34 inches above the scaffold platform) except riveters’ outrigger scaffolds, window jack scaffolds, and painters’ swinging scaffolds used for sign painting at a height not exceeding 7 feet. Toeboards are not required on painters’ swinging scaffolds. Guardrails and toeboards shall be securely fastened to the uprights on the side facing the platform.

(h) Dimensions of guardrails. Guardrails shall be the equivalent in strength of wood rails 2 by 4 inches and shall be not less than 34 inches in height and shall extend along the entire length of the outside and ends of platform with only such openings as may be necessary for delivery of materials. They shall be secured to uprights at intervals of not more than 8 feet.

(i) Dimensions of toeboards. Toeboards shall project not less than 6 inches above the top of the platform planks and shall be erected so as to leave no space between the platform planks and the toeboards.

(j) Nails. All nails shall be of proper size (minimum ten penny) of ample length, and of best quality and be used in sufficient quantities at each connection to develop the designed strength of the scaffold. No nails shall be subjected to a straight pull. All nails shall be driven in full length and the bending over of partly driven nails is prohibited. This subsection shall not be construed to prohibit the proper use of double headed nails.

(k) Lifelines and safety belts. Where it is necessary for workmen to crawl out on thrustouts or projecting beams, lifelines and safety belts of approved design shall be worn.

(l) Sway bracing of members. The principal members of scaffolds shall be rigidly and securely sway braced to prevent their displacement in any direction.

(m) Approval of scaffolds. All scaffolds for which specifications have not been given in this chapter, and all patented or manufactured scaffolds, parts of scaffolds or scaffolding devices and all types of scaffolds developed subsequent to May 15, 1929, shall be of an approved type.

(n) Repair of damaged scaffolds. Any scaffold that is damaged or weakened by any cause, shall be immediately repaired and workmen shall not be permitted on such scaffold until repairs have been completed.

(o) Inspection of scaffolding machine. The moving parts of scaffolding machines shall be regularly inspected twice a month by the employer of the men using the machine and a record kept of the findings of the inspections. This record shall be accessible to representatives of the Department at all times. The owner of the scaffolding machine shall be notified at once to replace any defective or worn parts and the use of the machines shall be discontinued until such replacements have been made. This record shall also be accessible to representatives of the Department. When a scaffolding machine is removed from a location it shall be thoroughly inspected and overhauled before it is again used.

(p) Tag line required. When materials are being hoisted up on a scaffold they shall have a tag line to prevent them from striking against the scaffold unless hoisting equipment is arranged so that there is no danger of material striking the scaffold.

(q) Work not permitted during storm. Men shall not be permitted to work on a scaffold during a storm or high wind, or on scaffolds which are covered with ice or snow. Clinging ice shall be removed from all guardrails and uprights and the planking sanded to prevent slipping.

(r) Working over or near water. Employes working over or near water, where the danger of drowning exists, shall be provided with United States Coast Guard approved life jackets or bouyant work vests. Life preservers shall be inspected for defects which would alter their strength of bouyancy. Defective units shall not be used. Ring buoys with at least 90 feet of line shall be provided and readily available for emergency rescue operations. The distance between ring buoys shall not exceed 200 feet. At least one lifesaving skiff shall be immediately available at locations where employes are working over or adjacent to water.

The provisions of this § 6.11 amended November 20, 1971, 1 Pa.B. 2166.

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.12 Single pole scaffolds.

(a) Classified by type of duty. Single pole scaffolds shall be classified as either light-duty scaffolds or heavy-duty scaffolds, as follows:

(1) Light duty. A light-duty scaffold is a scaffold designed and constructed to carry a working load of 25 pounds per square foot, such as intended for the use of carpenters, painters or others of similar trades, and which supports no load other than the workmen and a minimum amount of lightweight material. Light-duty scaffolds are further classified as follows:

(i) Light-duty scaffolds not more than 24 feet. For light-duty scaffolds not more than 24 feet in height, the following minimum nominal size material and maximum spacing of members shall be used:

(A) Poles or uprights—2 inches by 4 inches.

(B) Ledgers supporting putlogs—2 inches by 4 inches.

(D) Putlogs—3 inches by 4 inches.

(E) Braces—1 inch by 4 inches.

(F) Planking—2 inches by 10 inches.

(G) Spacing of poles, measured along platform (maximum)—7 feet, 6 inches.

(H) Spacing of poles distance from building (maximum)—5 feet.

(I) Spacing of ledgers vertically—7 feet.

(ii) Pole scaffolds. Where pole scaffolds are used for work of a very light nature, the width of the platform may be reduced to a size consistent with the work being done and the safety of the men working on it.

(iii) Light-duty scaffolds more than 24 feet. For scaffolds more than 24 feet in height and not more than 40 feet in height, the poles shall be 3 inches by 4 inches in cross section, and for scaffolds more than 40 feet in height, 4 inches by 4 inches in cross section or heavier as required. Other members shall conform with the requirements of subparagraphs (i) and (ii).

(2) Heavy duty. A heavy-duty scaffold is a scaffold designed and constructed to carry a working load of 75 pounds per square foot, such as intended for the use of stone masons or others of similar trades, and which supports in addition to the workmen a supply of building material.

(i) Heavy-duty scaffolds not more than 24 feet. For heavy-duty scaffolds not more than 24 feet in height, the following minimum nominal size material and maximum spacing of members shall be used:

(A) Poles or uprights—3 inches by 4 inches or 2 inches by 6 inches.

(B) Ledgers supporting putlogs—2 inches by 8 inches.

(D) Putlogs—2 inches by 8 inches.

(E) Braces—1 inch by 6 inches.

(F) Planking—2 inches by 10 inches.

(G) Spacing of poles, measured along platform (maximum)—7 feet.

(H) Spacing of poles distance from building (maximum)—5 feet.

(I) Spacing of ledgers vertically—4 feet, 6 inches.

(ii) Heavy-duty scaffolds more than 24 feet. For scaffolds more than 24 feet in height and not more than 40 feet in height, the poles shall be 4 by 4 inches in cross section, and for scaffolds more than 40 feet in height 4 by 6 inches in cross section or heavier as required. Other members shall conform to the requirements of subparagraph (i).

(b) Bearing of poles at lower ends. The lower ends of poles or uprights shall not rest upon the surface of the ground, but shall be firmly embedded to a depth of at least eight inches. Where the soil is of a soft nature, a sound block or piece of plank at least 1 foot square by 2 inches thick shall be placed in the hole and the upright placed squarely on the center of such support and securely nailed to it or otherwise fastened, the hole then being filled and solidly tamped. Where a pole bears directly on a sidewalk or other solid substance, it shall be rigidly secured at the bottom by other effective means.

(c) Protection against moving equipment. Where necessary, as a protection against impact of trucks or other heavy moving equipment, the bases of scaffold poles shall be protected from displacement by bumpers (not attached to the scaffold).

(d) Splicing of poles. When necessary to increase the height of a pole by splicing, the upper pole shall be set squarely upon the end of the lower one, the abutting ends being square and flat. At least two cleats shall be used to each splice or joint and they shall be of sound wood at least 4 feet long and 1 inch thick and in width not less than the width of the pole. They shall be securely nailed to both poles and shall be placed so as to overlap the abutting ends of each pole at least 2 feet. They shall be fastened to the poles at right angles and not on opposite sides. Two or more consecutive or contiguous uprights shall not be spliced at the same general level.

(e) Ledgers. Ledgers shall be long enough to extend over two consecutive pole spaces and shall overlap the poles at each end by at least 4 inches. As the platform is raised with the progress of the work the ledgers upon which it has previously rested shall not be removed but left in position to brace and stiffen the poles. Ledgers shall be level and their top edges at the same height as the bottom of the openings in the wall into which the putlogs are inserted. Ledgers weakened by nail holes or split at ends shall not be used. In putting up new ledgers, cleats of a size at least 1 inch in thickness, 10 inches long, and at least the width of the pole shall be fastened to the poles and upon which the ledgers shall rest.

(f) Nailing of ledgers. Unless clamps or thru-bolts are used, ledgers shall be nailed to each pole by at least four ten penny nails. Ledgers shall be fastened to the inside of the poles or uprights. Where two ledgers lap over each other on the same pole, they shall be fastened equally secure, and where two ledgers meet at right angles, one shall be fastened with its end sawed squarely flush with the pole, while the other one overlaps in the usual manner. Nails shall not be driven close to the top edge of a ledger.

(g) Putlogs. Putlogs shall be long enough to project over the ledger at least six inches, shall be set squarely in position and the ends shall be built into the wall. They shall not be notched or cut down except on alteration or repair work, when they may be so treated to fit into a space obtained through the removal of a brick. Other requirements shall be as follows:

(1) On a brick wall. When a putlog is notched or cut down to fit into a space obtained through the removal of a brick, the notch shall be on the upper side of the putlog and shall be just deep enough to permit the end of the putlog to be inserted into the hole in the wall and shall not be more than 4 1/2 inches in length. Putlogs shall project into the wall at least four inches and where window openings are utilized instead of the wall proper, the putlogs shall be rigidly secured by effective supports and bracing. There shall be at least three putlogs under every platform plank, one at each end and one in the center, spaced uniformly and bearing upon the ledgers as close to the poles as possible.

(2) On a frame building. When attaching putlogs to a frame building, the procedure shall be to notch two pieces of one by eight inch lumber 18 inches long with notches the size of the putlogs so that the putlog bears on the narrow surface. These notched pieces shall then be nailed one upon the other to the side of the building and the putlog nailed to the notched pieces.

(h) Platforms. Platform planks shall be of sufficient length to extend over three bearers and all ends shall be lapped over bearers. They shall be laid so that the sides abut and fit ‘‘tight’’. Two successive lengths of planking shall not abut upon a single putlog. If planks are laid end to end, two parallel putlogs shall be provided not more than eight inches apart, and in such a manner that one putlog supports the end of one of the planks and the other putlog supports the abutting end of the other plank. Where platform planks overlap on a single putlog, the lap of both the upper and lower planks shall be at least six inches over the center of the putlog. Platform planks shall project over the last putlog at the end of the scaffold by at least six inches but in no case more than 12 inches.

(i) Treatment of corners. Where a scaffold is built around a corner at least one putlog shall be laid and securely fastened diagonally across the corner, so that one end may rest upon each of the two ledgers that meet at the corner. Care shall be taken in laying platform planks, so that no tipping hazard exists. Poles shall be spaced at shorter intervals.

(j) Bracing. Pole scaffolds shall be firmly and adequately braced or shored in such a manner as to prevent them from swinging away from the building. Where spring stay braces are used they shall be placed at least in every alternate horizontal row of putlog holes. Diagonal bracing shall be also be provided to prevent the poles from moving parallel to the walls of the building, or from the buckling, whether spliced or not.

(k) Horses. Where the use of horses is necessary, they shall conform to the requirements set forth in § 6.24 (relating to horse scaffolds).

(l) Protection. Protection shall be afforded as set forth in § 6.32 (relating to protection).

This section cited in 34 Pa. Code § 6.13 (relating to independent pole scaffolds).

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.13 Independent pole scaffolds.

(a) Reference to other requirements. The requirements of § 6.12 (a)(1) and (2),(b),(f),(h),(i),(k) and (l) (relating to single pole scaffolds) apply to independent pole scaffolds.

(b) Light-duty scaffolds. Light-duty scaffolds shall conform to the following standards:

(1) Light-duty scaffolds not more than 24 feet in height. For light-duty scaffolds not more than 24 feet in height, the following minimum nominal size material and spacing of members shall be used:

(i) Poles or uprights—2 inches by 4 inches.

(ii) Ledgers supporting bearers—2 inches by 6 inches.

(iii) Stringers not supporting bearers—1 inch by 6 inches.

(iv) Bearers—2 inches by 8 inches.

(v) Braces—1 inch by 4 inches.

(vi) Planking—2 inches by 10 inches.

(vii) Spacing of poles, measured along platform (maximum)—7 feet, 6 inches.

(viii) Spacing of poles distance from building (minimum)—6 feet, 6 inches.

(ix) Spacing of ledgers vertically—7 feet.

(2) Light-duty scaffolds more than 24 feet in height. For scaffolds more than 24 feet in height and not more than 40 feet in height, the poles shall be 4 inches by 4 inches in cross section and for scaffolds more than 40 feet in height 7 feet by 6 inches in cross section or heavier as required. Other members shall conform to the requirements of subsection (a), with the exception that poles shall be spaced 7 feet, 6 inches minimum distance from building.

(1) Heavy-duty scaffolds not more than 24 feet in height. For heavy-duty scaffolds, not more than 24 feet in height, the following minimum nominal size material and spacing of members shall be used:

(i) Poles or uprights—3 inches by 4 inches.

(ii) Ledgers supporting bearers—2 inches by 8 inches.

(iii) Stringers not supporting bearers—1 inch by 6 inches.

(iv) Bearers—2 inches by 10 inches.

(v) Braces—1 inch by 6 inches.

(vi) Planking—2 inches by 10 inches.

(vii) Spacing of poles, measured along platform (maximum)—7 feet.

(viii) Spacing of poles distance from building (minimum)—6 feet, 6 inches.

(ix) Spacing of ledgers vertically—4 feet, 6 inches.

(2) Heavy-duty scaffolds more than 24 feet in height. For heavy-duty scaffolds more than 24 feet in height and not more than 40 feet in height, the following minimum nominal sizes and spacing of members shall be used:

(i) Poles or uprights—4 inches by 4 inches.

(ii) Ledgers supporting bearers—2 inches by 8 inches.

(iii) Stringers not supporting bearers—2 inches by 8 inches.

(iv) Bearers (two)—2 inches by 12 inches.

(v) Braces—1 inch by 6 inches.

(vi) Planking—2 inches by 10 inches.

(vii) Spacing of poles, measured along platform (maximum)—7 feet.

(viii) Spacing of poles distance from building (minimum)—10 feet.

(ix) Spacing of ledgers vertically—4 feet, 6 inches.

(d) Scaffolds greater than 40 feet in height. When built-up scaffolds are erected more than 40 feet high, the size of members shall be increased so that a factor of safety of four shall be maintained in the scaffold as a whole and in all its component parts.

(e) Placement of poles. The inner row of poles shall be set as near the wall of the building as practical and allow workmen sufficient working space. Each set of poles, outside and inside, shall be provided with its own ledgers.

(f) Footing of poles. Particular care shall be taken that the bearing or footing of independent pole scaffolds is solid and firmly secure.

(g) Bracing. Adequate diagonal bracing shall be provided and such cross braces shall be nailed to every pole crossed. Cross bracing between front and rear poles shall be provided and the free ends of scaffolds shall be double cross braced.

(h) Bearers. Bearers shall be laid on ledgers sidewise, one at each pair of poles (inside and outside) and shall be securely nailed to the poles. They shall be long enough to rest upon both inner and outer ledges and overlap each ledger by at least three inches.

(i) Horses. Where the use of horses is necessary they shall conform to the requirements set forth in § 6.24 (relating to horse scaffolds).

(j) Protection. Protection shall be afforded as set forth in § 6.32 (relating to protection).

This section cited in 34 Pa. Code § 6.25 (relating to plasterers’ and decorators’ inside scaffolds).

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.14 Suspended scaffolds.

(a) Fixtures and appliances. Only approved scaffold machines shall be used in the erection and use of any scaffold. Where scaffold machines are rented, all the fixtures and appliances received with them shall be erected and used at all times when such scaffolds are in service. The moving parts of scaffold machines shall be frequently inspected and shall be exposed to view at all times so that possible defects may be readily detected, but such moving parts shall be railed off or otherwise guarded to protect workmen from coming into contact with them.

(b) Suspended scaffolds recommended. The use of a suspended scaffold is recommended for all buildings more than five stories high, built with a frame to provide overhead support. The parts of the building or structure to which a suspended scaffold is attached shall be examined to determine if such parts are of sufficient strength to support properly the load that may be imposed on the scaffold.

(c) Safety factor. A suspended scaffold shall be capable of sustaining a working load of 40 pounds per square foot with a factor of safety of four.

(d) Suspension supports. When cables are used they shall conform to the requirements set forth in § 6.31 (relating to cables, ropes, block and tackle). Where steel ribbons or suspension supports other than cables are used, they shall possess a factor of safety in strength of at least eight.

(e) Thrustouts. Thrustouts shall consist of steel I-beams or, in the case of the overhand type of machine, steel channel beams, which project at least one foot beyond the outer edge of the suspended platform, and shall be securely anchored and fastened to the steel frame work of the building by means of U-bolts and anchor plates tightened by the use of jam or lock nuts or, where building conditions prevent, by other approved equally effective means. I-beam thrustouts shall be equipped with a stop bolt rigidly fastened and of adequate size to prevent the shackle from slipping over the edge of the beam. Channel beam thrustouts shall be parallel and secured to each other by a bolt at least 3/4 inch in diameter over which thimbles of iron pipe shall be slipped to keep the beams the necessary distance apart.

(f) Putlogs. Putlogs shall be securely fastened to the scaffold fixtures and spaced not more than 8 feet apart.

(g) Platforms. Platform planks shall be laid so that their edges abut and fit ‘‘tight.’’ Planks shall be not less than 10 inches wide and 2 inches thick. The platform planks shall overlap putlogs by at least 1 foot but not more than 2 feet at the ends of the scaffold.

(h) Prevention of swaying. Ropes or hooks shall be used and fastened to the platform of the scaffold and to the building in such a manner and at such intervals as to prevent the scaffold from swinging away from the building. Likewise, fenders shall be provided to prevent the scaffold from swinging against the building.

(i) Protection. Protection shall be afforded as set forth in § 6.32 (relating to protection).

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.15 Painters’ swinging scaffolds.

(a) Platform planks. The platform planks shall be laid together and shall overlap the stirrup or hanger by at least 12 inches. A bar, strip or other device shall be permanently attached to the platform outside the hanger to prevent the platform from slipping off the hanger.

(b) Stirrups or hangers. The iron stirrups or hangers shall be of a strength at least equal to wrought iron or steel 3/4 inch in diameter and shall be so formed that guardrails may easily be secured to them. For painters’ swinging scaffolds used for sign painting at a height not exceeding 7 feet, hangers constructed of rope may be used. In such cases rope shall conform to the specifications set forth in § 6.31 (relating to cables, ropes, block and tackle). The distance between hangers shall not exceed 14 feet.

(c) Hooks. The hooks used to support the scaffold shall be of a strength at least equal to wrought iron or steel of a cross section 5/8 inch by 2 inches. They shall be securely anchored and supported. Care shall be taken that the eaves or cornices of a building are of assured soundness. Hooks, cornice irons, outlookers or other devices for fastening to the building shall be securely fastened to the eaves, cornices or other equally reliable object of support, and shall be frequently inspected. Hooks shall be tied to prevent slipping off the cornices or eaves.

(d) Testing strength. Swinging scaffolds shall be constructed to bear at least four times the maximum weight to be placed on them. Every time the scaffold is erected it shall be tested by raising the platform about one foot from the ground and loading it with at least four times the maximum weight that will be imposed upon it.

(e) Blocks and ropes. Blocks and ropes shall conform to the requirements set forth in § 6.31, and ropes shall be double lashed at each point of suspension.

(f) Permissible load. Not more than two men shall be permitted on this type of scaffold at one time except where more than two stirrups with corresponding hooks, blocks and ropes are used, in which case one additional man may be permitted for each additional stirrup.

(g) Combining two scaffolds. Two or more swinging scaffolds shall not, at any time, be combined into one by bridging the distance between them with planks or similar connecting links.

(h) When not in use. When leaving a swinging scaffold the men shall lash it securely to the building. Buckets or other loose objects shall be removed from such scaffold immediately upon the cessation of work by the men.

(i) Prevention of swaying. Ropes or hooks shall be used and fastened to the platform of the scaffold and to the building in such a manner and at such intervals as to prevent the scaffold from swinging away from the building. Likewise, fenders shall be provided to prevent the scaffold from swinging against the building.

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.16 Carpenters’ bracket scaffolds.

(a) Platforms. Platform boards shall be laid tightly together and shall overlap the brackets by at least 4 inches but not more than 6 inches. The boards shall be heavy enough to prevent springiness of the platform.

(b) Brackets. Brackets shall be spaced at intervals not greater than 4 feet. There shall be at least three brackets underneath each board. In the erection of the brackets, provision shall be made for the placement of guardrails and toeboards.

(c) Bolts. The brackets shall have their supporting bolts near the top and such bolts shall be securely anchored and fastened. The practice of merely passing the bolt through the sheathing is prohibited and some additional means of anchorage shall be improvised depending upon the type of building. The bolt shall be at least 3/4 inch in diameter and shall be long enough to project at least 1 inch beyond the nut when in place.

(d) Protection. Protection shall be afforded as set forth in § 6.32 (relating to protection).

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.17 Bricklayers’ squares scaffolds.

(a) Planking. Platform boards shall be at least two inches in thickness by 10 inches wide and shall overlap the squares by at least 4 inches but not more than 6 inches. All planks shall extend over three squares.

(b) Distance between squares. Squares shall be placed at intervals not greater than 5 feet if used as a heavy-duty scaffold and 7 feet 6 inches if used as a light-duty scaffold. Platform boards shall be laid so that they bear on all of the squares under the platform planks.

(c) Bracing. Squares shall be diagonally braced both from the front and rear, and from the top and bottom; that is, from the top and bottom of one to the bottom and top of the next adjacent one.

(d) Pyramiding. When pyramided, one square shall be placed directly above another, the braces shall be used to prevent the scaffold from pulling away from the building. Diagonal bracing for each tier shall be in accordance with subsection (c). Scaffolds shall not be built more than four tiers in height. The upper tiers shall stand on continuous rows of planks laid across the lower tier, nailed down and cleated on the underside on each side of the supporting square to prevent movement of the planks and prevent swaying of the scaffold.

(e) Size of squares. The squares shall have no side larger than 5 feet.

(f) Size of lumber. The side members of jacks shall be at least 2 by 4 inch lumber and shall abut one another. Supporting blocks 2 by 1 inches and 6 inches long shall be nailed 4 inches from the ends of the two longer side members, so as to support the shorter of the other two side members. The corners shall then be braced on both sides with braces one inch in thickness, cut in the form of right angle triangles, the legs of which shall be 14 inches long. These braces shall be securely nailed to both abutting side members. This type of square may be used with the sides and bottom and top reversible.

(g) Protection. Protection shall be afforded as set forth in § 6.32 (relating to protection).

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.18 Outriggers’ scaffolds.

(a) Platforms. The platform of outriggers’ scaffolds shall consist of planks at least ten inches in width and two inches in thickness. They shall be laid tightly together and shall overlap their supports by at least 4 inches, but not more than 6 inches. In building the platform, provision shall be made for the erection of guardrails and toeboards.

(b) Thrustouts. Thrustouts shall not be built into a wall and left with no other support but shall project entirely through the wall or through windows and be solidly supported, braced, anchored, and fastened inside of the building. They shall be no less than 3 inches by 10 inches, set on edge, spaced no greater than 6 feet on centers and shall be rigidly held against turning or buckling. External supports shall be provided but shall not be depended upon as the main support.

(c) Suspended platforms below thrustouts. Where the platform is suspended below the thrustouts, it should be supported by vertical hangers of not less than 2 by 6 inch lumber and not more than 10 feet in length. The platform should be supported by 2 by 6 inch bearers, nailed to the vertical hangers and reinforced by cleats beneath the bearers. The suspended platform should be braced to prevent swaying.

(d) Horse scaffolds. Horse scaffolds shall not be erected upon the platform of an outrigger scaffold to gain additional height.

(e) Protection. Protection shall be afforded as set forth in § 6.32 (relating to protection).

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.19 Needle beam scaffolds.

(a) Platforms. Where the space between needle beams is 12 feet or less, the platform shall be composed of planks at least 10 inches wide and 2 inches thick. Where the span is over 12 feet the cross section of the two planks shall be increased in proportion. Platforms shall not be more than 6 feet in width. In all cases where not nailed or otherwise secured, planks shall be at least 2 feet longer than the span bridged and a hole shall be bored through both ends of every plank. The hole shall be not less than 6 inches from the end and a 5/8 inch bolt at least 8 inches in length shall be placed in it and provided with a tightly fitting nut. The planks shall be laid on the beams with the bolts outside. Where the planks are to be used in a steeply inclined position, they shall be provided with cleats at least 1 3/4 by 2 inches in cross section, spaced not more than 8 inches apart. Provision shall be made for the use of guardrails and toeboards.

(b) Needle beams. All needle beams shall be plainly marked to prevent their use for any other purpose. Care shall be taken in handling them to prevent falls and ensuing defects. When the space between needle beams is 12 feet or less, wood needle beams shall be at least 3 inches by 8 inches in cross section with the longer dimension vertical and shall be increased in size when longer or when required for the loads they are to support. Needle beams shall always be in one length, and spliced or built-up beams shall not be used. Provision shall be made to prevent the supporting ropes from slipping over the ends of the beams.

(c) Pipe needle beams. Pipe needle beams shall be of unspliced wrought iron or steel pipe, painted and free from rust or scale. When the scaffold span is not more than 12 feet, the pipe shall be at least 3 1/2 inches in diameter; if the span is more than 12 feet and not more than 16 feet, the pipe shall be at least 4 inches in diameter; over 16 feet, the diameter of the pipe shall be correspondingly increased.

(d) Ropes. The ropes shall be attached to the needle beams by what is known as a ‘‘scaffold hitch’’ or some other equally effective method, the loose end being firmly tied to a supporting rope by a bowline knot. The rope shall be at least 1 inch in diameter and shall be increased proportionately to the size of the load. The supporting rope shall not be attached to the needle beam at a point less than 1 foot from the end of the beam. In other respects the rope shall conform with the requirements set forth in § 6.31 (relating to cables, ropes, block and tackle).

(e) Protection. Protection shall be afforded as set forth in § 6.32 (relating to protection).

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.20 Roofing brackets and scaffolds.

(a) Bracket supports. Roofing brackets used for shingling and roofing shall be securely supported by means of ropes fastened to a hook securely hooked over the ridgepole of the roof, and to a 5/8 inch eye bolt securely screwed into the roofing bracket, or by means of pointed projectors driven their full length in the frame or woodwork of the roof.

(b) Ropes. The ropes may also be secured to some permanent part of the roof, such as the chimney or cupola, or to some solidly fixed object on the farther side of the building; or by 5/8 inch eye bolts, solidly screwed into sound, heavy timber. Ropes shall conform to the requirements set forth in § 6.31 (relating to cables, ropes, block and tackle).

(c) Horizontal scantling. Where horizontal scantling with shingles nailed to it is used, the scantling shall be at least 2 inches by 4 inches in cross section, and the shingles shall be securely nailed to the roof. Where the scantling is fastened to the roof by means of strips of sheet zinc or other material being nailed to the under sides of the scantling and to the roof, the nails used shall be of ample length and sufficient in number to insure safe working conditions.

(d) Protection. When work is done on roofs where there is no parapet wall at the eaves, and such roof has a slope greater than 6 inches in 1 foot, a substantial catch platform or scaffold platform is required of sufficient width to extend at least 2 feet beyond the outer edge of the eaves projection, and such platform should be equipped with a guardrail. As an alternative to such a platform, each man working on the roof should be provided with a lifeline securely fastened to a safe anchorage.

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.21 Crawling boards or chicken ladders.

(a) Construction. Crawling boards shall be at least 10 inches in width and not less than 1 inch thick. The cross strips shall be as long as the width of the board, at least 1 1/2 inches wide and not less than 1 inch thick.

(b) Fastenings. Where crawling boards are double, they shall be securely bolted together by a hinge bolt, with the hinge resting on the peak or ridgepole of the roof. Where single, they shall be provided with hooks, bolts or solidly fastened cleats on the underside of the board at the upper end, so arranged as to hook or catch over the peak or ridgepole of the roof. If bolts or cleats are used, the upper end of the board shall also be nailed to the roof to prevent the board from slipping in an upward direction, thus disengaging the hold.

(c) Protection. When crawling boards are used on roofs where the slope is more than 6 inches in 1 foot, a catch platform or lifelines shall be used.

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.22 Ladder jack scaffolds.

(a) Platforms. Platform planks shall be at least 2 inches in thickness and 10 inches in width and shall extend over the full bearing surface of the ladder jack. Platform planks shall overlap the bearing surface by at least 4 inches, but not more than 6 inches. Platform planks shall not have a span of more than 10 feet unless provided with a truss in the center when the span shall not exceed 15 feet.

(b) Height limit. No ladder jack shall be used at a height greater than 22 feet above the ground or working level, and in no case shall ladder jacks be used with extension ladders.

(c) Persons permitted. Not more than one person shall be allowed on a ladder jack scaffold at any one time unless the platform plank is trussed in the center.

(d) Approval. All ladder jacks shall be of approved type. The ladder jack shall be clamped or otherwise securely fastened to the ladder and shall bear on the side rails.

(e) Construction of ladders. All ladders used in conjunction with ladder jacks shall be designed, constructed and maintained according to the requirements of Chapter 21 (relating to ladders).

(f) Prevention of slipping. All ladders used in conjunction with ladder jacks shall be equipped with approved devices or shall be so placed, fastened or held as to prevent slipping.

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.23 Window jack scaffold.

(a) Use. Window jacks shall be constructed to sustain a working load of 200 pounds with a safety factor of four and shall be used only for the purpose of working at the window through which the jack is placed. The placing of planks between one window jack and a jack in an adjacent window is prohibited. Window jacks shall not act as the supporting elements for other scaffolding.

(b) Persons permitted. Not more than one person shall be permitted to be on a window jack scaffold at any one time.

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.24 Horse scaffolds.

(a) Foundations. When horse scaffolds are used inside a building, the horses shall be set squarely upon the floor or, if no floor has been erected, a substantial temporary floor shall be constructed for this purpose. The practice of placing bricks, blocks, tiles or similar loose objects under the legs of horses to bring their upper parts to a certain desired level is prohibited. When a horse is not quite high enough to afford proper support to the planking, a wood strip of the proper thickness shall be securely nailed to the top of the horse. On outside work, the legs of horses shall not bear directly on the ground itself, but a solid planking shall be laid upon which they shall rest. The practice of supporting horses upon thrustouts is prohibited. The nailing of extension pieces on the legs of horses to increase the height shall be prohibited.

(b) Construction of horses. Horses shall be solid in construction and care shall be taken that their legs are built at the proper angles, avoiding a spread of either too little or too great a distance. The lumber used in the construction of a horse shall be not less than 1 inch in thickness, and 6 inches in width, except that for the top horizontal supporting member the dimensions shall be at least 2 inches by 4 inches. If the length of the horse exceeds 5 feet or if designed for heavy duty, these lumber sizes shall be proportionately increased. Inside bracing shall be provided by nailing two boards at least one inch in thickness to the underside of the top horizontal supporting member, dropping them at an angle from there and nailing one to the top of the cross bracing on each pair of legs, or by other equivalent bracing.

(c) Platforms. Platform planks shall be at least two inches in thickness and shall be laid with their edges abutting. The distance between horses shall not exceed 5 feet for a heavy-duty scaffold and shall not exceed 7 feet, 6 inches for a light-duty scaffold. Care shall be taken that the planks rest properly upon each horse, thus eliminating springiness in the platform. Where any space between the platform and horse is apparent it shall be overcome by following out the provisions of subsection (a). Care shall be taken that the platforms are not overloaded.

(d) Horses in tiers. In erecting horse scaffolds, the horses of each tier shall be placed directly over the horses of the tier next below. Where more than two tiers are built, every horse shall be nailed to the planks it supports as well as to those upon which it rests. Scaffolds shall not be built to a height in excess of 21 feet.

(e) Bracing. Where horse scaffolds are more than two tiers in height, braces shall be provided between all horses used.

(f) Guardrails and toeboards. Guardrails and toeboards shall be provided for all horse scaffolds over 6 feet in height. Protection shall be furnished as set forth in § 6.32 (relating to protection).

(g) Ladders. Where ladders are used to gain access to horse scaffolds they shall conform with the requirements set forth in § 6.30 (relating to ladders); also, the plank upon which the top of the ladder rests shall be nailed to its supporting horse and such supporting horse shall be nailed to the lower planks upon which it rests, these planks in turn being nailed to the lower horses supporting them.

This section cited in 34 Pa. Code § 6.12 (relating to single pole scaffolds); 34 Pa. Code § 6.13 (relating to independent pole scaffolds); and 34 Pa. Code § 6.25 (relating to plasterers’ and decorators’ inside scaffolds).

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.25 Plasterers’ and decorators’ inside scaffolds.

(a) Trestle. The use of ladders which lean against the wall, barrels, boxes or other similar unstable objects as support for planking is prohibited. Platform planks shall be at least two inches in thickness and shall not have a span of more than ten feet. Where or trestle ladders are used to support planking they shall conform to the requirements set forth in Chapter 21 (relating to ladders). The ladder shall be spread before placing the planking on it. The trestle or horses shall not be more than two tiers high and shall be built as specified in § 6.24 (relating to horse scaffolds).

(b) Larger scaffolds. Where it is necessary to use larger scaffolds for inside work, only such scaffolds as have been approved for such work shall be used, or they shall be constructed according to the specifications contained in § 6.13 (relating to independent pole scaffolds). Where it is necessary to build the scaffold to an unusual height, the poles shall be of proportionately heavier material. Since plasterers’ and decorators’ inside scaffolds are frequently built not only lengthwise but also deep, the diagonal cross bracing shall, in such cases, be provided in both directions. Provisions shall be made for equipping the scaffolds with guardrails and toeboards on the outside edges of the various platforms.

(c) Short cut passageways. Short cut connection between different parts of the same scaffold by means of unprotected planks is prohibited. Where such connection is made it shall be by a properly constructed and substantially supported passageway or temporary platform, and such passageway or platform shall be equipped with guardrails.

(d) Protection. Protection shall be afforded as set forth in § 6.32 of this Title (relating to protection).

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.26 Boatswain’s chairs.

(a) Construction. Boatswain’s chairs or seats, attached by means of a sling to a suspended rope, used for painting, cleaning or other small operations, shall be constructed and erected with the greatest possible care. Boatswain’s chairs shall have a seat of at least ten inches by 18 inches.

(b) Fastening of ropes. The suspended rope shall either be securely fastened to a fixed object above the operation or passed through an overhead block, the free end being securely fastened to some fixed and easily accessible object, except where either of these methods of construction are impossible, as in the case of a flagpole, when the rope may be secured to the pole by means of suitable and safe hitch.

(c) Stirrups. When the suspension rope is attached to a pole by means of a hitch, the workman shall be provided with stirrups upon which he will be able to rest his weight while he is shifting the hitch by which the chair is made fast, and the stirrups shall be supported independently of the chair itself. The same care shall be exercised in supporting the stirrups as in fastening the chair.

(d) Safety belt. Every workman using a boatswain’s chair shall be provided with a safety belt secured to the supporting tackle to provide safety in case he falls from the chair.

(e) Wire rope. All ropes shall conform to the requirements set forth in § 6.31 (relating to cables, ropes, block and tackle). When a boatswain’s chair is used by a workman using a blow torch, or any open flame, fiber rope slings shall not be used. The slings shall be at least 3/8 inch wire rope.

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.27 Runways and ramps.

(a) Planks and supports. Runways and ramps, where used in scaffold work, shall be substantially constructed and supported. Runways shall be composed of planks, each at least 10 inches in width. The minimum width of runways shall be 30 inches. They may be laid so that their edges abut, but in that case a wide, solid bearing shall be provided. When the planks overlap, the plank that runs from below shall be placed so that it laps over the one running from above. The planks of runways and ramps shall be securely nailed in position and the supports shall be well-braced.

(b) Inclines and cleats. The construction of runways and ramps at an incline greater than 1 foot rise in 3 feet is prohibited. Runways and ramps constructed at a greater incline than 1 foot rise in 6 feet shall be provided with cleats running crosswise and flush with the edges of the inclined platform. The cleats shall be of ample size, spaced not more than eight inches apart and securely fastened into position. They may be laid in sections across the platform so as to form a barrow track. Runways and ramps shall be kept free from snow and ice in the winter and, if necessary, treated with sand and ashes.

(c) Guardrails and toeboards. Where runways or ramps are more than 10 feet in height the outside edges at least shall be provided with guardrails and toeboards. Where such runways pass near deep holes, railroad tracks, high tension wires, mortar beds or similar dangerous places, guardrails and toeboards shall be provided on both sides of the runways or the dangerous points effectively guarded.

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.28 Temporary floors.

(a) Second floor to be covered. The first floor above the street floor shall be completely planked over as soon as practicable leaving only such openings as are reasonably necessary, and such openings shall thereafter be kept covered throughout the entire period of construction. This does not apply to buildings less than three stories in height.

(b) Working floor. The working floor shall be completely planked over, except openings which are reasonably necessary.

(c) Unprotected floors. A floor not more than three stories below the working floor shall be completely planked over, except openings that are necessary, and shall have guardrails and toeboards or other equivalent protection at all openings and outside edges, except that where this is impracticable, safety nets or catch platforms shall be provided. Such temporary floors shall not be removed until a permanent floor is laid.

(d) Construction. Temporary floors shall consist of sound commercial lumber at least two inches in thickness, with spans not greater than 8 feet. Where the beams are more than 8 feet apart, temporary intermediate joists shall be provided of sufficient strength to carry a live load of at least 50 pounds per square foot with a factor of safety of four. Planks shall extend at least 1 foot past the support or shall be nailed or otherwise securely fastened. Planks shall have no unsupported projection greater than 1 foot, 6 inches.

(e) Openings in floors. All openings in floors, temporary or permanent, shall be enclosed by guardrails and toeboards. Such guardrails and toeboards shall be constructed as soon as the flooring around the openings is laid and shall be left in place until the operation is completed. Workmen are prohibited from working on any floor of a building unless all openings on such floors are closed by guardrails and toeboards. All unused openings in floors, temporary or permanent, shall be completely planked over until such time as they are used.

(f) Lifelines. Lifelines, safety belts and lanyards shall be used only for employes safeguarding. Lifelines shall be secured above the point of operation to an anchorage or structural member capable of supporting a minimum dead weight of 5,400 pounds.

(g) Safety nets. Safety nets shall be provided when workplaces are more than 25 feet above the ground or water surface, or other surfaces where the Department determines that the use of ladders, scaffolds, catch platforms, temporary floors, safety lines or safety belts are unfeasible. This requirement shall be reflected in bid specifications. Where safety net protection is required by this Part, operations shall not be undertaken until the net is in place and has been adequately secured and inspected. Nets shall extend 8 feet beyond the edge of the work surface where employes are exposed. The maximum mesh size of the nets shall be 6 inches by 6 inches of 3/8 inch diameter, number one grade, pure manila, 1/4 inch nylon, or 5/16 inch polypropylene rope. Forged steel safety hooks or shackles shall be used to fasten the net to its supports. Nets shall meet these specifications and shall be so tagged. Connections between net panels shall develop the full strength of the net.

The provisions of this § 6.28 amended November 20, 1971, 1 Pa.B. 2166.

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.29 Stairways.

(a) Construction. Stairways used during construction work shall be strongly built and shall have treads of full width and depth. The treads shall be spaced so as to afford easy ascent and descent. The stairs and landings of stairways shall be solid and shall be provided with guardrails at exposed sides.

(b) Clear passage. Stairways used during construction work shall be kept clear of debris and other obstructing materials at all times and shall be maintained so as to always insure safe passage. Where temporary stair treads are placed over finished or unfinished stairs, such treads shall be securely fastened.

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.30 Ladders.

(a) Where required. When a runway, stairway or safe inside means of access to a scaffold is not provided, a ladder shall be provided for all such scaffold platforms more than 45 inches above the ground or floor.

(b) Construction. Ladders for scaffolds shall be built according to Chapter 21 (relating to ladders), except where such construction is conclusively provided impracticable by reason of unusual working conditions. Particular care shall be taken regarding the quality of wood used in the construction of all ladders.

(c) Location and guardrails. When practicable all ladders shall be placed on the outside of a scaffold. If the landing is on a platform extending from the scaffold platform or building, such landing shall be provided with guardrails. If the ladder is built inside of a scaffold the opening in the flooring through which it comes shall be protected by guardrails.

(d) Single pole ladders. The use of single pole ladders is prohibited.

(e) Fastenings and placement. Ladders shall be securely fastened at the top and bottom. The top shall extend not less than 36 inches above the platform or floor served and the landing rung shall be as close to the level of the floor or platform as possible. Ladders shall not be placed on boxes or other insecure footings to bring them up to a desired height.

(f) Length. The ladder shall not exceed 30 feet in length except when it is absolutely necessary.

(g) Extended ladders. The extended ladder shall be securely fastened to the lower ladder by means of two iron rungs, threaded at both ends, placed firmly in the slots provided for such purpose and held in place by tight-fitting nuts and washers. The side bars at the base of the slots shall be additionally strengthened to prevent splitting of the wood.

(h) Number of persons on ladder. When workmen carry material up or down a ladder not more than one workman shall be permitted on a single ladder at one time. Where work being done necessitates frequent use of a ladder for this purpose, the remaining alternative is to build two ladders, one for up travel and one for down travel.

(i) Bracing. When ladders are of a length sufficient to possess a tendency toward springiness when sustaining weight, bracing shall be provided to overcome such springiness. This particularly applies to extended ladders.

(j) Trestle ladders. Where ‘‘A’’ or trestle ladders are used to support planking, they shall be constructed according to Chapter 21.

This section cited in 34 Pa. Code § 6.24 (relating to horse scaffolds).

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.31 Cables, ropes, block, and tackle.

(a) Cables. Cables for scaffolds and hoists shall not be less than 1/4 inch in diameter, and shall possess a factor of safety of at least eight. A metal tag shall be placed on all cables at a point readily accessible to inspection showing the size and material of the cable, including the maximum safe load and the date of renewal. There shall be compliance with the following additional requirements:

(1) Cable fastenings. The fastenings of all cables shall be of an approved type. Particular care shall be taken in the pouring of sockets, and the metal used shall be zinc. Where thimbles and clamps are used the fastenings shall be made under the supervision of a competent man and not less than three approved clamps or clips shall be used at each fastening. Clamps shall be installed with the U-bolt on the dead end of the cable.

(2) Splicing. The splicing of cables is prohibited.

(3) Maintenance and inspection. Cables shall at all times be maintained in a perfectly safe operating condition and frequent inspections shall be made.

(4) Riding of cables. Where ‘‘riding’’ of the cable on the drum occurs, it shall be adjusted immediately but the adjustment shall only be done by someone thoroughly familiar with the machine and experienced in such work.

(b) Ropes. For all other lifeline applications, rope of a minimum of 3/4 inch manila or equivalent, with a minimum breaking strength of 5,400 pounds, shall be used. A tag shall be placed on all ropes readily accessible to inspection, showing the size and material of the rope, including the minimum breaking strength in pounds. In addition, the following requirements shall be met:

(1) Fastenings of ropes. Ropes shall be at least double lashed at each point of suspension. Lifelines used on rockscaling operations, or cut in areas where the lifeline may be subjected to cutting or abrasion, shall be a minimum of 7/8 inch wire core manila rope.

(2) Splicing. The splicing of ropes is prohibited.

(3) Knots. Rope knots shall have their free ends lashed to the standing part to prevent their becoming untied. All knots shall be tested and made secure before the rope is used.

(c) Block and tackle. Block and tackle shall fit the size of the rope they carry and shall be so constructed that they do not chafe or abrade the ropes running through them.

(d) Inspection and storage. All ropes, slings, and tackle shall be thoroughly and frequently inspected. When not in use they shall be stored in a dry place.

(e) Protection of rope or cable when using acid. Wherever any solution containing acid, caustic or any other substance injurious to hemp rope fibre or iron or steel cables is to be used to clean buildings or other structures, the hangers and falls of the scaffold shall be protected to a height of at least six feet above the platform with acid-resisting material, and further provided that the ropes or cables shall hang over the outside edge of the scaffold platform. Solutions containing acid or caustics shall not be stored in the same room with scaffolding equipment.

(f) Builders’ hoists. Builders’ hoists shall comply with all the requirements of Chapter 7 (relating to elevators, lifts, escalators, dumbwaiters, hoists, and tramways), and shall not be operated without a ‘‘State Certificate of Operation’’ on display in or adjacent to the hoist shaftway.

The provisions of this § 6.31 amended November 20, 1971, 1 Pa.B. 2166.

This section cited in 34 Pa. Code § 6.14 (relating to suspended scaffolds); 34 Pa. Code § 6.15 (relating to painters’ swinging scaffolds); 34 Pa. Code § 6.19 (relating to needle beam scaffolds); 34 Pa. Code § 6.20 (relating to roofing brackets and scaffolds); and 34 Pa. Code § 6.26 (relating to boatswain’s chair).

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.32 Protection.

(a) Catch platform. When a scaffold is erected over or near a space traversable by workmen or the public, protection shall be provided underneath the scaffold. Such protection shall consist of a suitable catch platform well supported and without openings in the flooring or some other equally effective means of overhead protection. Such platform shall be strong enough to afford protection not only to those below, but also to the workmen above in case of a fall. Where such platform extends from a building it shall slope toward the building and be flush with the wall. In operations where considerable material is handled on the scaffold, the outer edge of the catch platform shall be provided with a fence or wire screen to prevent fallen objects from rebounding over the edge. In order to provide proper protection for workers in case of fall, safety nets as specified in this subsection shall be required directly below where workmen are performing their duties. These net requirements shall be reflected in bid specifications. This rule will apply to three stories or more in height.

(b) Overhead protection. Where workmen are working above other workmen or where there is a likelihood of objects falling from above, the latter workmen shall be protected by plank, wire or expanded metal shields strong enough to catch and retain any weight liable to fall from above. Such overhead protection shall be located not more than ten feet above the platform or working floor. If wire mesh or expanded metal is used the openings shall be not greater than 1/2 inch and the construction shall be not less than No. 10 steel wire gauge for wire and No. 13 U.S. gauge for expanded metal. If safety net protection is required, above operation shall not be undertaken until the net is in place and has been adequately secured and inspected by the Department.

(1) Nets shall extend 8 feet beyond the perimeter of building directly below the workmen.

(2) The maximum mesh size of the nets shall be 6 inches by 6 inches of 3/8 inch diameter, No. 1 grade, pure manila 1/4 inch nylon or 5/16 inch polypropylene rope.

(c) Successive scaffolds. Where two or more separate scaffolds are used simultaneously one above the other, overhead protection similar to that required in subsection (b) shall be provided for the men on the lower scaffolds in addition to the catch platform.

(d) Sidewalk protection. When construction operations are adjacent to a sidewalk, alley, street or other thoroughfare which is not closed to traffic, a substantial ‘‘sidewalk shed’’ or ‘‘bridge’’ shall be constructed.

(e) Side screens. Whenever the material on a scaffold is piled higher than the toeboard and when the scaffold is suspended or built over exposed sidewalks, streets or other thoroughfares, the openings between the toeboard and guardrail shall be covered by means of expanded metal or wire netting of mesh not greater than 1/2 inch, or other equivalent side screen may be provided.

(f) Flues from stoves or salamanders. In confined or unventilated areas in rooms or buildings under construction or repairs where a stove, furnace or salamander, burning coal, coke, gas or oil is used for the purpose of drying or heating, such stove shall have a pipe or flue ventilated direct to the outside for the purpose of removing obnoxious or poisonous gases, fumes or smoke. Each stove or salamander shall be set on a noncombustible base of such a size as to extend outward a distance of 3 feet in all directions from the stove or salamander. No stove or salamander shall be located nearer than 5 feet from any wooden partition or other combustible material.

(g) Fire extinguishers. An approved type of fire extinguisher shall be provided on all construction jobs over three stories in height. They shall be of at least 1 gallon capacity and at least one extinguisher shall be so located that the workmen need not go more than one story either up or down to reach it. They shall be plainly marked and readily accessible.

(h) Safe footing for workmen. In order to assure safe footing for workmen who walk on structural members, no employer shall erect any structural member with studs, reinforcing shear connectors or similar projecting materials, unless adequate termporary walking surfaces or decking are installed on such members prior to erection. However, nothing in this section shall be construed to prohibit the attachment of studs or other protrusions after the erection of all structural members or forming or decking of a particular floor or deck level or span of a bridge or area between traverse floor beams is completed.

The provisions of this § 6.32 amended through December 7, 1973, 3 Pa.B. 2791. Immediately preceding text appears at serial page (8034)

This section cited in 34 Pa. Code § 6.12 (relating to single pole scaffolds); 34 Pa. Code § 6.13 (relating to independent pole scaffolds); 34 Pa. Code § 6.14 (relating to suspended scaffolds); 34 Pa. Code § 6.16 (relating to carpenters’ bracket scaffolds); 34 Pa. Code § 6.17 (relating to bricklayers’ square scaffolds); 34 Pa. Code § 6.18 (relating to outriggers’ scaffolds); 34 Pa. Code § 6.19 (relating to needle beam scaffolds); 34 Pa. Code § 6.24 (relating to horse scaffolds); and 34 Pa. Code § 6.25 (relating to plasterers’ and decorators’ inside scaffolds).

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.33 Sanitation.

(a) Sanitary closets. Approved sanitary chemical or water closets shall be provided during building operations and shall be so located that workmen are not obliged to walk more than three stories, either up or down, to reach them. Approved sanitary closets shall be provided in accordance with the following ratio, and for each additional 50 persons employed, or fractional part thereof, at least one additional closet shall be provided:

(b) Special conditions. Where the ratio specified in subsection (a) does not provide a sufficient number of chemical or water closets to permit them to be located as required, additional closets shall be provided.

(c) Approval. When chemical closets are provided they shall be of a type approved by the Board, equipped with agitators and maintained with chemicals of ascertained efficiency.

(d) Protection. All toilet facilities shall be properly protected from weather conditions and screened from public view.

(e) Drinking water. Pure and wholesome drinking water of a quality approved by the Department of Health of the Commonwealth shall be supplied at all times in places accessible to employes.

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.34 First aid.

(a) First aid kit. At all places where building construction or demolition work is being done, the contractor or other person or persons responsible for the work shall provide and maintain on the premises at all times when persons are employed on such premises, a cabinet of first aid equipped for prompt treatment in case of accident.

(b) Emergency equipment. Where substantial stairways to all floors of buildings under construction have not been completed, the contractor or other person or persons responsible for the work being done shall provide one or more cots, hammocks, or other effective means for moving or lowering injured employes without undue suffering and delay. Suitable methods of moving and caring for injured men shall be provided at all times during construction or demolition work.

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 6.35 Bracing.

(a) When required. Adequate bracing shall be installed to support walls, arches, piers, columns or any other structural elements; the failure to provide such adequate bracing is a violation of this section and results in a hazard to the safety of workmen engaged in construction, repair or maintenance operations and to other nearby persons.

(b) Approval. All bracing for which specifications are not given in this chapter and all patented or manufactured bracings, parts of braces or bracing devices and all types of braces that are developed shall be of an approved type and it shall be strong and stiff enough to safely perform its function.

(c) Supervision. The erection, alteration, transfer or removal of bracing shall be done under the direction and supervision of men thoroughly experienced in bracing work.

Note: Note: Figure given in column headed ‘‘Strength Rating’’ is the modulus of rupture in bending (pounds per square inch) for sound clear wood with slant of grain not over two degrees.

History

Authority: The provisions of this Chapter 6 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 6 adopted May 15, 1929; amended through July 1, 1968, unless otherwise noted.

Chapter 14 Flammable and Combustible Liquids; Preliminary Provisions

34 Pa. Code § 14.1 Definitions.

The following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise: API—The American Petroleum Institute. ASA—American Standard Code. ASTM—American Standards for Testing and Materials. Act—The act of April 27, 1927 (P. L. 450, No. 291) (35 P. S. § § 1181—1194). Aircraft service station—That portion of a property where flammable or combustible liquids used as aircraft fuel are stored or dispensed from fixed equipment and including all facilities essential thereto. Apartment house—A building or that portion of a building containing more than two units. Approved—Acceptance by the fire marshal of design, equipment, installation or intended use as required by this subpart. Automotive service station—That portion of a property where flammable or combustable liquids used as motor fuels are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles. Barrel—A volume of 42 U. S. gallons. Boiling point—The boiling point of a liquid at a pressure of 14.7 psig. Where an accurate boiling point is unavailable for the material in question, or for mixtures which do not have a constant boiling point, for purposes of this classification the initial point of a distillation performed in accordance with the ASTM standard method of test for distillation of petroleum products may be accepted in lieu of the boiling point of the liquid. Boilover—The expulsion of crude oil from a burning tank. The light fractions of the crude oil burn off, producing a heat wave in the residue, which on reaching a water strata may result in the expulsion of a portion of the contents of the tank in the form of a froth. Bulk plant—That portion of a property where flammable or combustible liquids are received by tank vessel, pipe line, tank car or tank vehicle, and are stored or blended in bulk for the purpose of distributing the liquids by tank vessel, pipe line, tank car, tank vehicle or container. Centralized fuel oil distribution system—A system of piping, by which oil is supplied from a separate central supply tank or tanks to one or more buildings, mobile homes, travel trailers or other structures. Closed container—A container so sealed by means of a lid or other device that neither liquid nor vapor will escape from it at ordinary temperatures. Combustible liquid—A liquid having a flash point at or above 100°F and below 200°F. Commercial or industrial establishment—A place wherein the storage, handling or use of flammable or combustible liquids is incidental to but is not the principal business or process. Container—Any vessel of 60 U. S. gallons or less capacity; used for transporting or storing flammable or combustible liquids. A container shall be made of metal, or be of approved nonmetallic construction. Crude petroleum—Hydrocarbon mixtures that have a flash point below 150°F and which have not been processed in a refinery. DOT—The Department of Transportation of the Commonwealth. Fire and Panic Act—The act of April 27, 1927 (P. L. 465, No. 299) (35 P. S. § § 1221—1235). Fire marshal—Director of the Pennsylvania State Police, Fire Marshal Division. Flammable liquid—A liquid having a flash point below 100°F and having a vapor pressure not exceeding 40 pounds per square inch absolute at 100°F; such liquids shall be known as class I liquid. Flash point—The flash point of the liquid shall mean the temperature at which the liquid gives off vapor sufficient to form an ignitable mixture with the air near the surface of the liquid or within the vessel used as determined by the following tests procedure and apparatus:

(i) The flash point of liquids having a flash point at or below 175°F, except for fuel oils and certain viscous materials, shall be determined in accordance with the standard method of test for flash point by the Tag closed tester.

(ii) The flash point of liquids having a flash point above 175°F, except for fuel oils, shall be determined in accordance with the standard method of test for flash point by the Cleveland open cup tester.

(iii) The flash point of fuel oil, and certain viscous materials having a flash point at or below 175°F, shall be determined in accordance with the standard method of test for flash point by the Pensky-Martens closed tester. GPM—Gallons per minute. Inflammable—Flammable. Liquid—When not otherwise identified, both flammable and combustible liquids. Listed—Devices and materials that have been investigated by and meet the listing requirements of a nationally recognized testing agency. The equipment shall be identifiable by means of a label or other distinguishing marking specified in listings published by the testing agency. Marine service station—That portion of a property where flammable or combustible liquids used as motor fuels are stored and dispensed from fixed equipment on shore, piers, wharves, barges or floating docks into the fuel tanks of motor craft, including all facilities used in that connection. Nationally recognized testing laboratory—Includes:

(i) Underwriters Laboratories, Incorporated, 333 Pfingsten Road, Northbrook, Illinois 60062.

(ii) Factory Mutual System, 1151 Boston-Providence Turnpike, Norwood, Massachusetts 02062.

(iii) Applied Research Laboratories of Florida, Incorporated, 5371 N.W. 161 Street, Miami, Florida 33014, and such other testing laboratories as may from time to time be added by the State Police Fire Marshal upon submission of satisfactory evidence supporting a request by a laboratory for recognition as such. NEC—National Electrical Code. Oil burner—A nonportable device for burning oil in heating appliances such as boilers, furnaces, water heaters, ranges and the like. A burner of this type may be furnished with or without a primary safety control; and it may be a pressure atomizing gun type, a horizontal or vertical rotary type, or a mechanical or natural draft vaporizing type. Psig—Pounds per square inch gauge. Person—This term shall include individuals, partnerships, corporations or associations. Process area—That location where flammable or combustible liquids are processed, or stored as a part of current production, and may include working storage. Processing plant—That portion of a property in which flammable or combustible liquids are mixed, heated, separated or otherwise processed as the principal business. Refinery—A plant in which flammable or combustible liquids are produced on a commercial scale from crude petroleum, natural gasoline or other hydrocarbon sources. Safety can—An approved container of not more than 5 gallons capacity, having a spring closing lid and spout cover, and so designed that it will safely relieve internal pressure when subject to fire exposure. Self-service stations—That portion of property where flammable or combustible liquids used as motor fuels are stored, and subsequently dispensed from fixed equipment into the fuel tanks of motor vehicles by persons other than the service station attendant. Special mobile equipment—Vehicles not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway including, but not limited to: ditch digging apparatus, well boring apparatus; earth moving and road construction and maintenance machinery, such as asphalt spreaders, bituminous mixers, bucket loaders, snowplows, ditchers, graders, finishing machines, road rollers, scarifiers, earth moving carryalls, scrapers, power shovels and drag lines; and self-propelled cranes and tractors, other than truck tractors. The term does not include house trailers, dump trucks, truck-mounted transit mixers, cranes or shovels; or other vehicles designed for the transportation of persons or property to which machinery has been attached. Tank (atmospheric)—A storage tank which has been designed to operate at pressures from atmospheric through 1/2 psig. Tank (low pressure)—A storage tank which has been designed to operate at pressures above 1/2 psig but not more than 15 psig. Tank (storage)—A tank which is not connected to the oil burning appliance. Tank (supply)—A tank connected directly, or by a pump to the oil burning appliance. Tank vehicle—A vehicle, other than railroad tank cars and boats, whether self propelled or without motive power, used for the transportation of flammable or combustible liquids in cargo tanks having a liquid capacity in excess of 100 gallons mounted on the vehicle or built as an integral part thereof. Unstable (reactive) liquid—A liquid which in the pure state or as commercially produced or transported will vigorously polymerize, decompose, condense or will become self-reactive under conditions of shock, pressure or temperature. Vapor pressure—The pressure, measured in pounds per square inch absolute exerted by a volatile liquid as determined by the Reid standard method of test for vapor pressure of petroleum products. Ventilation—As specified in this subpart, this term pertains to the prevention of fire and explosion. It is considered adequate if it is sufficient to prevent accumulation of significant quantities of vapor-air mixtures in concentration over 1/4 of the lower flammable limit.

The provisions of this § 11.1 adopted October 12, 1971, effective October 23, 1971, 1 Pa.B. 2018; amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131; transferred from 37 Pa. Code and renumbered as 34 Pa. Code § 14.1, February 28, 2014, effective March 1, 2014, 44 Pa.B. 1233. Immediately preceding text appears at serial pages (331313) and (205613) to (205616).

History

Authority: The provisions of this Chapter 11 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 11 adopted October 12, 1971, effective October 23, 1971, 1 Pa.

34 Pa. Code § 14.2 Scope of prohibitions.

A person may not have, use, store, sell or keep in any place or building gasoline, naphtha, kerosene, fuel oil, flammable or combustible liquid or other substance of like character under any name designated, in violation of the act or this subpart.

The provisions of this § 11.2 adopted October 12, 1971, effective October 23, 1971, 1 Pa.B. 2018; transferred from 37 Pa. Code and renumbered as 34 Pa. Code § 14.2, February 28, 2014, effective March 1, 2014, 44 Pa.B. 1233. Immediately preceding text appears at serial page (205616).

History

Authority: The provisions of this Chapter 11 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 11 adopted October 12, 1971, effective October 23, 1971, 1 Pa.

34 Pa. Code § 14.3 Scope of approval required.

Except as provided in § 14a.161(b) (relating to general provisions), a person may not have, use, store, sell or keep in any place or building gasoline, naphtha, kerosene, fuel oil, flammable or combustible liquid or other substance of like character under any name designated in excess of 30 gallons aggregate capacity, nor may a person install, replace or relocate a tank, pump or drawing-off device for use with the liquids, unless written approval, as prescribed by § § 14.11—14.13 (relating to approval), is obtained from the fire marshal.

The provisions of this § 11.3 adopted October 12, 1971, effective October 23, 1971, 1 Pa.B. 2018; amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131; transferred from 37 Pa. Code and renumbered as 34 Pa. Code § 14.3, February 28, 2014, effective March 1, 2014, 44 Pa.B. 1233. Immediately preceding text appears at serial page (205616).

This section cited in 34 Pa. Code § 14.11 (relating to submission of application).

History

Authority: The provisions of this Chapter 11 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 11 adopted October 12, 1971, effective October 23, 1971, 1 Pa.

34 Pa. Code § 14.4 Application.

(a) This subpart applies to flammable and combustible liquids having a flash point below 200°F, but does not apply to liquids and facilities at refineries.

(b) While this subpart does not apply to liquids having a flash point of 200°F or above, it may apply as a basis for the storage of the liquids, especially with reference to such features as container design, construction, venting and piping.

(c) This subpart applies throughout this Commonwealth, except in Philadelphia County and Allegheny County, and does not supersede additional regulations or requirements not in conflict with this subpart promulgated under authority of law by a political subdivision. If this subpart is in conflict with a regulation or requirement promulgated by a political subdivision, this subpart is applicable.

(d) The portions of this subpart applicable to inside and beneath building storage and use for commercial purposes does not supersede additional regulations or requirements not in conflict with this subpart established by local ordinance.

(e) Under the act, the Department of Labor and Industry has established requirements for the construction of buildings, exclusive of private residences and parcels thereof, except in cities of the First Class, Second Class and Second Class A, which shall supplement this subpart.

(f) This subpart is not applicable to the storage, use and the like of flammable or combustible liquids in fuel tanks, or containers or reservoirs—that is, windshield washer solvent, brake fluid and the like—which are integral components of motor vehicles. Storage in the tanks, containers or reservoirs shall comply with 67 Pa. Code (relating to transportation).

The provisions of this § 11.4 adopted October 12, 1971, effective October 23, 1971, 1 Pa.B. 2018; amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131; transferred from 37 Pa. Code and renumbered as 34 Pa. Code § 14.4, February 28, 2014, effective March 1, 2014, 44 Pa.B. 1233. Immediately preceding text appears at serial pages (205616) and (293221).

History

Authority: The provisions of this Chapter 11 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 11 adopted October 12, 1971, effective October 23, 1971, 1 Pa.

34 Pa. Code § 14.5 Retroactivity.

This subpart is not retroactive unless, after investigation, the fire marshal deems it necessary to exercise the powers set forth in § 14.22 (relating to powers of the fire marshal). Approvals previously issued shall be continued in full force and effect if the requirements of this subpart in force at the time of the approval are met, except that this subpart may be applied retroactively whenever the fire marshal, after investigation and in order to protect life and property, deems it necessary to exercise the powers set forth in § 14.22.

The provisions of this § 11.5 adopted October 12, 1971, effective October 23, 1971, 1 Pa.B. 2018; transferred from 37 Pa. Code and renumbered as 34 Pa. Code § 14.5, February 28, 2014, effective March 1, 2014, 44 Pa.B. 1233. Immediately preceding text appears at serial page (293221).

History

Authority: The provisions of this Chapter 11 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 11 adopted October 12, 1971, effective October 23, 1971, 1 Pa.

34 Pa. Code § 14.6 Classes of flammable and combustible liquids.

(a) Flammable liquids shall be divided into the following classes:

(1) Class I liquids include those having flash points below 100°F and may be subdivided as follows:

(i) Class IA includes those having flash points below 73°F and having a boiling point below 100°F.

(ii) Class IB includes those having flash points below 73°F and having a boiling point at or above 100°F.

(iii) Class IC includes those having flash points at or above 73°F and below 100°F.

(b) Combustible liquids shall be subdivided as follows:

(1) Class II liquids include those having flash points at or above 100°F and below 140°F.

(2) Class III liquids include those having flash points at or above 140°F and below 200°F.

(c) The volatility of liquids is increased when heated to temperatures equal to or higher than their flash points. When so heated, class II and class III (combustible liquids) shall be subject to the applicable requirements for class I and class II liquids. This subpart may also be applied to high flash point liquids, which otherwise would be outside of the scope when they are so heated.

The provisions of this § 11.6 adopted October 12, 1971, effective October 23, 1971, 1 Pa.B. 2018; amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131; transferred from 37 Pa. Code and renumbered as 34 Pa. Code § 14.6, February 28, 2014, effective March 1, 2014, 44 Pa.B. 1233. Immediately preceding text appears at serial pages (293221) to (293222).

History

Authority: The provisions of this Chapter 11 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 11 adopted October 12, 1971, effective October 23, 1971, 1 Pa.

34 Pa. Code § 14.7 Container construction.

A container shall be made of metal or of approved nonmetallic construction, except for those containers described in paragraphs (1)—(3). Nonmetallic containers used for storage of flammable or combustible liquids shall conspicuously display an embossment (by the manufacturer) of the logogram of a nationally recognized testing laboratory. Drums shall meet the construction requirements of applicable United States Department of Transportation regulations contained in 49 CFR (1979).

(1) Plastic or glass containers having an individual capacity of not more than 1 pint may be used for packaged flammable or combustible liquids.

(2) Plastic or glass containers having an individual capacity of not more than 1 gallon may be used for medicines, beverages, foodstuff and toiletries that are flammable or combustible liquids.

(3) Plastic or glass containers having an individual capacity of not more than 1 gallon may be used for flammable or combustible liquids whose chemical purity would be contaminated by metal containers.

The provisions of this § 11.7 adopted October 12, 1971, effective October 23, 1971, 1 Pa.B. 2018; amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131; transferred from 37 Pa. Code and renumbered as 34 Pa. Code § 14.7, February 28, 2014, effective March 1, 2014, 44 Pa.B. 1233. Immediately preceding text appears at serial page (293222).

This section cited in 34 Pa. Code § 14.7 (relating to applicability).

History

Authority: The provisions of this Chapter 11 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 11 adopted October 12, 1971, effective October 23, 1971, 1 Pa.

34 Pa. Code § 14.11 Submission of application.

Applications for the written approval required by § 14.3 (relating to scope of approval required) shall be made on a form to be supplied by the fire marshal and shall contain the following information:

(1) Detailed specifications as to the type of equipment to be installed.

(2) Detailed specifications and a sketch or plan as to the location of the equipment or installation described in paragraph (1) shall contain the following items and information:

(i) A sketch in duplicate shall accompany the application for underground installation of individual tanks having a capacity of 5,000 gallons or less.

(ii) A scaled drawing of 20 feet to the inch covering a radius of not less than 150 feet shall be submitted in duplicate for all underground installations of individual tanks having a capacity of more than 5,000 gallons.

(iii) A scaled drawing of 40 feet to the inch covering a radius of not less than 300 feet shall be submitted in duplicate for all aboveground installations.

(iv) Plans and sketches required by this section shall include the location of tanks, drawing-off devices, location of attended self-service consoles and emergency controls, including main power shut-off switch or switches, course of piping, existing tanks, if any, pump house, unloading sidings, streets and roadways, the extent of property lines, position, and description of buildings within the prescribed radii, the slope or grade of the land together with any waterways, streams or other special topographical features.

(3) The application shall be signed by the applicant or an authorized representative.

The provisions of this § 11.11 adopted October 12, 1971, effective October 23, 1971, 1 Pa.B. 2018; amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131; transferred from 37 Pa. Code and renumbered as 34 Pa. Code § 14.11, February 28, 2014, effective March 1, 2014, 44 Pa.B. 1233. Immediately preceding text appears at serial page (205619).

This section cited in 34 Pa. Code § 14.3 (relating to scope of approval required); and 34 Pa. Code § 14.12 (relating to investigation of application).

History

Authority: The provisions of this Chapter 11 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 11 adopted October 12, 1971, effective October 23, 1971, 1 Pa.

34 Pa. Code § 14.12 Investigation of application.

Upon the filing of an application as provided by § 14.11 (relating to submission of application), the fire marshal shall investigate the matters contained in the application and shall have the right to inspect the equipment to be installed, the proposed location of the installation, and may require additional engineering or laboratory reports or other information as he may deem necessary.

The provisions of this § 11.12 adopted October 12, 1971, effective October 23, 1971, 1 Pa.B. 2018; transferred from 37 Pa. Code and renumbered as 34 Pa. Code § 14.12, February 28, 2014, effective March 1, 2014, 44 Pa.B. 1233. Immediately preceding text appears at serial pages (205619) to (205620).

This section cited in 34 Pa. Code § 14.3 (relating to scope of approval required).

History

Authority: The provisions of this Chapter 11 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 11 adopted October 12, 1971, effective October 23, 1971, 1 Pa.

34 Pa. Code § 14.13 Approval of application.

If the fire marshal is satisfied that the application for possessing, using, storing, selling and keeping of gasoline, naphtha, kerosene, fuel oil, flammable or combustible liquid, or other substance of like character under any name designated meets the requirements of this subpart, he shall issue his written approval. Action under thereto shall be taken by the applicant within 1 year from the date of the approval.

The provisions of this § 11.13 adopted October 12, 1971, effective October 23, 1971, 1 Pa.B. 2018; transferred from 37 Pa. Code and renumbered as 34 Pa. Code § 14.13, February 28, 2014, effective March 1, 2014, 44 Pa.B. 1233. Immediately preceding text appears at serial page (205620).

This section cited in 34 Pa. Code § 14.3 (relating to scope of approval required).

History

Authority: The provisions of this Chapter 11 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 11 adopted October 12, 1971, effective October 23, 1971, 1 Pa.

34 Pa. Code § 14.21 Inspection and inventory records.

(a) The fire marshal, or a State police officer acting in behalf of the fire marshal, shall have the right to inspect a place or building in which flammable or combustible liquids are possessed, used, stored or kept in order that he may determine if this subpart is being observed and if an undue hazard from fire or explosion exists on the premises. The written approval required by this subpart may not be deemed to eliminate the right of inspection conferred by this section. The written approval or copy thereof, shall be displayed at the site of the installation.

(b) Accurate daily inventory records shall be maintained and reconciled on flammable and combustible liquid storage tanks for indication of possible leakage from tanks or piping. The preceding 12 months daily inventory records shall be readily available for inspection by the fire marshal and shall include, as a minimum, records showing, by product, daily reconciliation between sales, use, receipts and inventory on hand.

(c) Daily inventory shall be maintained for each tank system at each location by the operator. Daily inventories need not be maintained on those days that an installation is not in operation, but may not exceed 15 days.

(d) Inventory shall be based on the actual daily measurement and recording of tank product and water levels and the daily recording of actual sales, use and receipts. Daily measurements shall be made by gauge, gauge stick or by readout from an automated gauging system. The inventory records shall include daily computation of gain or loss. The mere recording of pump meter readings and product delivery receipt shall not constitute adequate inventory records.

(e) The operator of the location shall be responsible to notify the owner or persons in control of the facility to take action to correct any abnormal loss or gain not explainable by spillage, temperature variations or other causes.

The provisions of this § 11.21 adopted October 12, 1971, effective October 23, 1971, 1 Pa.B. 2018; amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131; transferred from 37 Pa. Code and renumbered as 34 Pa. Code § 14.21, February 28, 2014, effective March 1, 2014, 44 Pa.B. 1233. Immediately preceding text appears at serial pages (205620) to (205621).

History

Authority: The provisions of this Chapter 11 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 11 adopted October 12, 1971, effective October 23, 1971, 1 Pa.

34 Pa. Code § 14.22 Powers of the fire marshal.

(a) The fire marshal shall have the power to protect life and property, and he may exercise the power more than once with reference to a given place, building or other facility. If by reason of a change in topography, building construction, relocation of highways or other conditions, the fire marshal determines that more stringent measures shall be taken to protect life or property, he shall have the power to require compliance with the reasonable changes he deems necessary, notwithstanding the fact that the place, building or other facility has been previously approved or was erected, installed or set up prior to April 27, 1927.

(b) The fire marshal shall have power to modify the provisions of this subpart when it may be warranted and when the modification may be deemed to be equivalent to the requirements affected or be otherwise merited. The fire marshal shall have power to apply the additional requirements with reference to a particular application not specifically covered in this subpart when, in his judgment, it is deemed necessary to minimize any explosion or fire hazard.

(c) The fire marshal shall be notified within 24 hours of a fire that results from the use of flammable or combustible liquid equipment. Notification shall be accomplished by contacting the nearest State police station.

The provisions of this § 11.22 adopted October 12, 1971, effective October 23, 1971, 1 Pa.B. 2018; amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131; transferred from 37 Pa. Code and renumbered as 34 Pa. Code § 14.22, February 28, 2014, effective March 1, 2014, 44 Pa.B. 1233. Immediately preceding text appears at serial page (205621).

This section cited in 34 Pa. Code § 14.5 (relating to retroactivity).

History

Authority: The provisions of this Chapter 11 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 11 adopted October 12, 1971, effective October 23, 1971, 1 Pa.

34 Pa. Code § 14.23 Fines and other penalties.

An order of removal or remedy shall be made immediately against a person, firm, association or corporation violating, failing or refusing to comply with this subpart. Failure to comply with the order shall be punishable under summary proceedings with a penalty of $50 to $200 plus the costs of prosecution. If there is default of the fine and costs of prosecution, there may be imprisonment of 1 day for each dollar of fine and costs unpaid. However, imprisonment may be imposed for failure to pay all or any part of a fine imposed under this subpart only when the violator fails to show that the nonpayment is caused by indigence or a lack of sufficient funds.

The provisions of this § 11.23 adopted October 12, 1971, effective October 23, 1971, 1 Pa.B. 2018; transferred from 37 Pa. Code and renumbered as 34 Pa. Code § 14.23, February 28, 2014, effective March 1, 2014, 44 Pa.B. 1233. Immediately preceding text appears at serial pages (205621) to (205622).

History

Authority: The provisions of this Chapter 11 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 11 adopted October 12, 1971, effective October 23, 1971, 1 Pa.

Chapter 15 Grandstands

34 Pa. Code § 15.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Foldable grandstand—An assembly of prefabricated units used to produce a grandstand which may be readily folded, rolled or telescoped into a small space when not in use, and easily extended for use as support for audiences. Grandstand—A structure, including bleachers, intended primarily to support persons attending athletic events, parades, concerts or other types of assembly, including permanent seating in theatres, churches, auditoriums and similar buildings. Permanent grandstand—A grandstand, other than a portable or foldable grandstand, permanently erected upon and attached to concrete or masonry footings. Portable grandstand—An assembly of prefabricated units able to be readily erected, dismantled and transported on base plates, sills, floor runners or sleepers. Steel grandstand—A grandstand, the majority of whose main structural members, such as columns, struts, beams, stringers and the like, are constructed of iron or steel. Wood grandstand—A grandstand, the majority of whose main structural members, such as columns, struts, beams, stringers and the like, are constructed of wood.

The provisions of this § 15.1 adopted August 15, 1933; amended through July 1, 1968.

History

Authority: The provisions of this Chapter 15 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 15 adopted August 15, 1933; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 15.2 Scope.

This chapter pertains to grandstands in which the main structural members consist of steel or wood. A grandstand of a design or material not covered by this chapter shall be of an approved type, and subject to the loading requirements of § 15.15 (relating to loading) and other requirements the Department may determine.

The provisions of this § 15.2 adopted August 15, 1933; amended through July 1, 1968.

History

Authority: The provisions of this Chapter 15 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 15 adopted August 15, 1933; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 15.3 Classes.

Grandstands covered by this chapter are divided into two general classes: new construction and existing construction.

The provisions of this § 15.3 adopted August 15, 1933; amended through July 1, 1968.

History

Authority: The provisions of this Chapter 15 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 15 adopted August 15, 1933; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 15.4 Responsibility of owners.

Owners shall be responsible for the maintenance of grandstands in their original condition unless permission to make changes is obtained from the Department.

The provisions of this § 15.4 adopted August 15, 1933; amended through July 1, 1968.

History

Authority: The provisions of this Chapter 15 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 15 adopted August 15, 1933; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 15.5 Penalty.

A person who violates a provision of this chapter or a regulation of the Department or who interferes with the Department or its authorized representatives in the enforcement of the provisions or regulations shall upon conviction be punishable under section 13 of the act of April 27, 1927 (P. L. 465, No. 299) (35 P. S. § 1233).

The provisions of this § 15.5 adopted August 15, 1933; amended through July 1, 1968.

History

Authority: The provisions of this Chapter 15 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 15 adopted August 15, 1933; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 15.11 Applicability.

This section and § § 15.12—15.21 apply equally to portable, foldable and permanent grandstands, except where the context clearly indicates otherwise.

The provisions of this § 15.11 adopted August 15, 1933; amended through July 1, 1968.

History

Authority: The provisions of this Chapter 15 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 15 adopted August 15, 1933; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 15.12 Plans for permanent grandstands.

(a) Under section 8 of the act of April 27, 1927 (35 P. S. § 1228), detailed plans for the new construction or remodeling of permanent grandstands shall be submitted to the Department in triplicate for approval before building operations are begun.

(b) The plans shall show the details of construction, including the size and material of the members, and the method of anchorage. The applicant shall submit his calculations of design for the structural members. Specifications shall also be furnished if requested.

(c) A fee of $75 will be charged for the examination of plans for permanent grandstands. The payment shall be made by check or money order, payable to the Commonwealth, at the time of submission of the plans.

The provisions of this § 15.12 adopted August 15, 1933; amended through July 1, 1968; amended January 12, 1990, effective January 13, 1990, 20 Pa.B. 183. Immediately preceding text appears at serial page (8339).

This section cited in 34 Pa. Code § 15.11 (relating to applicability).

History

Authority: The provisions of this Chapter 15 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 15 adopted August 15, 1933; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 15.13 Approval.

(a) A petition shall be made to the Secretary to secure approval of portable and foldable grandstands. The petition shall be accompanied by photographs or cuts and complete plans and design calculations of the members and connections submitted in triplicate.

(b) An applicant shall include calculations for live, dead, sway and wind loads for all structural members of portable, foldable and permanent grandstands.

(c) Detailed plans and design calculations of permanent grandstands shall be submitted for approval before building operations begin. The grandstands shall be inspected after erection and permission granted by the Department before they may be used.

The provisions of this § 15.13 adopted August 15, 1933; amended through July 1, 1968.

This section cited in 34 Pa. Code § 15.11 (relating to applicability).

History

Authority: The provisions of this Chapter 15 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 15 adopted August 15, 1933; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 15.14 Design and workmanship.

(a) The design of grandstands shall conform to the best modern engineering practice; the design or method of construction shall be in accordance with established principles of mechanics. Prior to granting approval of portable and foldable grandstands, the Department may require that tests be performed under the supervision of a nationally recognized testing laboratory in the presence of a representative of the Department. The test shall be performed upon a full-size, complete structural unit of the grandstand, having the maximum number of rows on which approval is desired. The grandstand being tested shall be loaded, vertically and horizonally, with not less than 1 1/2 times the loads prescribed in § 15.17 (relating to materials). After removal of the loads, no member of the grandstand may show permanent deformation, nor may the connections or bolt holes show permanent deformity.

(b) Workmanship shall be of such quality as to produce in construction the full strength intended by the designer.

(c) A portable grandstand shall be self-contained, including parts necessary to withstand and restrain forces which may develop during human occupancy. The strength, stability or safety of the structure may not depend upon stakes, curbs, walls or other external objects. A foldable grandstand, if permanently attached to the wall of a building, may depend upon the wall for resistance to horizontal loads, but not for the support of vertical loads.

(d) A grandstand may not be occupied until all parts have been securely assembled in accordance with the approved design and specifications.

(e) Grandstands shall be so designed that the maximum expansion, contraction, settlement or misalignment which may occur during the life of the grandstand will not cause stresses in excess of those specified, nor jeopardize the strength or stability of the structure or the safety of its occupants. The owner shall provide and maintain proper bearing surface for outdoor installations.

(f) The owner of a building in which grandstands are to be used shall provide walls and floors of sufficient strength to withstand the loads and stresses caused by the grandstand when loaded, as specified in § 15.17.

The provisions of this § 15.14 adopted August 15, 1933; amended through July 1, 1968.

This section cited in 34 Pa. Code § 15.11 (relating to applicability).

History

Authority: The provisions of this Chapter 15 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 15 adopted August 15, 1933; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 15.15 Loading.

(a) Seats and foot rests of grandstands shall be designed to support, in addition to their own weight, a uniformly distributed live load of 120 pounds per linear foot of seatboard and footrest. Other parts of grandstands shall be designed to support, in addition to their own weight, a uniformly distributed live and impact load according to the back to back distance between seats as follows:

(b) Grandstands shall be designed to resist, when occupied, a horizontal swaying force applied to the seats, in a direction parallel to the length of the seats of 24 pounds per linear foot of seats, and in a direction perpendicular to the length of the seats of ten pounds per linear foot of seats. On grandstands supporting chairs these loads shall be applied at a height of 17 inches above the foot rest.

(c) Grandstands able to be used outdoors shall be designed to resist a horizontal wind load on the vertical projection of the stand, applied in any direction, as follows:

(1) When fully loaded, 4 pounds per square foot.

(2) When unoccupied, if of open construction, 15 pounds per square foot.

(3) When unoccupied, if filled in solid vertically, 30 pounds per square foot.

(4) Vertical projection shall include railings.

(d) Members whose stresses are greater under a partial loading of the stand than under full load, shall be designed to meet the conditions causing the largest stresses.

(e) The design shall remain stable so as not to be overturned by wind or unequal distribution of the live load.

The provisions of this § 15.15 adopted August 15, 1933; amended through July 1, 1968.

This section cited 34 Pa. Code § 15.11 (relating to applicability).

History

Authority: The provisions of this Chapter 15 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 15 adopted August 15, 1933; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 15.16 Foundations.

(a) Permanent grandstands for outdoor use shall be erected upon and attached to concrete or masonry footings extending below the surface of the ground to a depth of either 3 feet or the maximum depth of frost, whichever is greater, unless solid rock is encountered at a lesser depth.

(b) Portable grandstands shall be provided by the manufacturers with base plates and sills, floor runners or sleepers of such area that the total live and dead load does not exceed 14 pounds per square inch of the base plate, mud sills, floor runners or sleepers. The owner shall see that all bearing surfaces are in contact.

(c) Base plates, mud sills or another part of the structure in contact with the earth may be subject to no stresses other than those caused by the vertical forces resulting from live, dead, sway and wind loads and the horizontal friction resulting from sway and wind loads. The stress shall be limited to those set forth in § 15.20 (relating to painting and treatment of members) reduced as follows:

(1) For base members of pressure-treated wood, allowable stresses shall be reduced by 1/4.

(2) For base runners of ungalvanized steel, allowable stresses shall be reduced by 2/3.

(3) For base members of galvanized steel, no reduction in allowable stress is required.

(d) In the absence of definite knowledge of the sustaining power of the earth, different soils, excluding mud and artificial fill, shall be deemed to sustain safely the following loads per square inch:

(e) For grandstands on artificial fill, either the sustaining power of the earth shall be determined by test, or the foundations shall be extended down to the natural earth, whose sustaining power shall be computed from the loads per square inch set forth in subsection (d).

The provisions of this § 15.16 adopted August 15, 1933; amended through July 1, 1968.

This section cited in 34 Pa. Code § 15.11 (relating to applicability).

History

Authority: The provisions of this Chapter 15 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 15 adopted August 15, 1933; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 15.17 Materials.

(a) Steel. Wherever used, steel shall conform to the standard specifications of the American Institute of Steel Construction, as amended. In addition, load carrying steel members of permanent grandstands for outdoor use, and of portable grandstands, including steel members which may be in contact with the earth may not be less than 1/4 inch thick, except for the following:

(1) The web of rolled structural shapes may be not less than 17/100 inch thick.

(2) The deck plates of a steel-deck grandstand, railings and hot galvanized load carrying members not in contact with the earth, may not be less than 3/16 inch thick.

(3) In foldable and permanent grandstands used entirely indoors the required thickness of steel may be decreased 50%, if in all other respects it complies with the requirements of this chapter, and if the location and usage of a member is such that there is no likelihood of distortion which might affect the safety of the grandstand.

(b) Wood. Each wood structural member shall be well seasoned and of a quality not less than the lowest grade in the respective species, as provided in § 15.18(b) (relating to allowable stresses). The quality of seats may be not less than the lowest grade of finish lumber, and of boarding and sheathing not lower than No. 2 common grade. In specifying wooden parts, the species and grade and the actual finished sizes of the parts shall be given.

(c) Other materials. Other materials, where used, shall be suitable, of uniform quality, and without defects affecting the strength or service of the grandstand.

The provisions of this § 15.17 adopted August 15, 1933; amended through July 1, 1968.

This section cited in 34 Pa. Code § 15.11 (relating to applicability); and 34 Pa. Code § 15.14 (relating to design and workmanship).

History

Authority: The provisions of this Chapter 15 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 15 adopted August 15, 1933; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 15.18 Allowable stresses.

(a) For steel. Parts of the structure shall be so proportioned that the sum of the maximum stresses in pounds per square inch does not exceed the following:

(1) Tension. Tension shall be regulated as follows:

(2) Compression. Compression shall be regulated as follows:

(i) For the purposes of this paragraph, symbols represent the following:

L = The unsupported length of the column.

r = The corresponding least radius of gyration of the section.

(ii) Rolled steel, on short length or where lateral deflection is prevented, may not exceed 20,000 pounds per square inch.

(iii) On a gross section of columns, L/r does not exceed 120:

1,700 - .485 L2 /r2

if L/r exceeds 120:

1 + [(18,000 ÷ L2) ÷ 18,000r2 ]

(iv) The ratio of unbraced length to least radius of gyration L/r for compression members and for tension members other than rods shall not exceed the following:

(3) Bending. Bending shall be regulated as follows:

(i) For the purposes of this paragraph, the following designations will apply:

L = The unsupported length of the column.

b = The width of the compression flange.

(ii) Extreme fibres of rolled shapes, and built up sections, net section, if lateral deflection is prevented, may not exceed 20,000 pounds per square inch.

(iii) Where L exceeds 15 times b, the stress in pounds per square inch in b may not exceed the following:

1 + [(20,000 ÷ L2 ) ÷ 2,000b2 ]

(iv) The laterally unsupported length of beams and girders may not exceed 40 times b in width of the compression flange.

(v) Extreme fibres of pins, when the forces are assumed as acting at the center of gravity of the pieces may not exceed 30,000 pounds per square inch.

(4) Shearing. Shearing shall be regulated as follows:

(i) For the purposes of this paragraph, the following designations will apply:

A = The gross area of the web in inches.

V = The total shear.

h = The height between flanges in inches.

t = The thickness of the web in inches.

(ii) The following table will apply:

(iii) The gross area of the webs of beams and girders if the web is not stiffened, where h is more than 60 times t, the thickness of the web, the maximum shear per square inch, V/A may not exceed:

1 + [(18,000 ÷ h2 ) ÷ 7,200t2 ]

(iv) A section through the throat of a fillet weld may not exceed 13,600 pounds per square inch.

(5) Bearing. Bearing shall be regulated as follows:

(i) For the purposes of this paragraph, the letter ‘‘d’’ shall designate the diameter of the roller in inches.

(ii) The following table will apply:

(iii) On expansion rollers, pounds per linear inch, -600d.

(6) Combined stresses. Combined stresses shall conform with the following:

(i) For the purposes of this paragraph, the following designations will apply:

Fa = Axial unit stress that would be permitted by this specification if axial stress only existed.

Fb = Bending unit stress that would be permitted by this specification if bending stress only existed.

fa = Axial unit stress (actual) = axial stress divided by area of member.

fb = Bending unit stress (actual) = bending moment divided by section modulus of member.

(ii) For stresses due to wind sway loads, combined with those due to dead or live loads, the permissible total working stress may be increased 33 1/3%, if the section thus found is not less than that required by the dead or live loads alone.

(iii) Members subject to both axial and bending stresses shall be so proportioned that the quantity fa/Fa+fb/Fb does not exceed unity.

(7) Members carrying wind and sway only. For members carrying wind and sway stresses only, the permissible working stresses may be increased 33 1/3%.

(8) Welding. Welds shall be made only by operators who have qualified by the tests prescribed in the Standard Qualification Procedure of the American Welding Society to perform the type of work required, except that this provision need not apply to tack welds not later incorporated into finished welds carrying calculated stress.

(b) For wood. Allowable unit stresses for wood parts of grandstands shall be considered in light of the following:

(1) Wood parts shall be so designed and proportioned that their stresses do not exceed the allowable unit stresses in the following table:

(2) A species or grade of wood excluded from paragraph (1) may not be used except when permitted by the Department and after the wood is determined to be satisfactory.

(3) For stresses produced by wind loads or impact only, or by a combination of wind or impact loads and dead and live loads, allowable stresses may be increased 50% if the resulting sections are not less than those for dead and live loads alone.

(4) Connections to wooden members shall be by means of rivets, bolts, lag screws, except lag screws in tension or for field connections or approved modern timber connectors. It is recommended that a bulletin issued in the United States Department of Commerce entitled, ‘‘Modern Connection for Timber Construction’’ be consulted. The use of nails and wood screws is permissible for holding parts together, but for designing purposes the nails or screws shall be considered incapable of transmitting calculable stresses.

(5) Nails or screws may not be used if their loosening or splitting of the surrounding wood causes stresses in excess of those permitted or would jeopardize the strength and stability of the structure or the safety of its occupants.

(6) Connections to wooden tension members may be by means of not less than two bolts, rivets or lag screws or approved modern timber connectors. Reference should be made to the bulletin referred to in paragraph (4). Adequate provision shall be made to prevent wood splitting at such connections.

(7) The bearing values of bolts in wood shall be calculated by the following tables:

(i) Basic stresses for calculating safe loads for bolted joints shall be subject to the following:

(A) The stresses set forth in subparagraph (i) apply to seasoned timber used in dry covered locations. Exposed parts of grandstands which may be used outdoors require 7/8 of those values.

(B) When the stress is neither parallel nor perpendicular to the grain of the wood, the maximum basic stress in pounds per square inch shall not exceed the following:

in which P is the allowable basic stress parallel with the grain, Q is the allowable basic stress perpendicular to the grain, and O is the angle between the direction of the grain and the direction of the load normal to the face considered.

(ii) The percentages of basic stress parallel with the grain for calculating safe bearing stresses under bolts shall be derived as follows:

(A) The product of the basic stress parallel with the grain selected from the table set forth in paragraph (7)(i), and the percentage for the particular L/D ratio and species group taken from the table set forth in subparagraph (i), is the safe working stress at that ratio for joints with metal splice plates. If wood splice plates are used, each of which is 1/2 the thickness of the main timber, 80% of this product is the safe working stress.

(B) The common bolts referred to in subparagraph (i) are those having a yield point of approximately 45,000 pounds per square inch.

(C) The high-strength bolts referred to in subparagraph (i) are those having a yield point of approximately 125,000 pounds per square inch.

(iii) The percentages of basic stress perpendicular to the grain used in calculating safe bearing stresses under bolts shall be derived as shown in the following tables:

(A) The safe working stress for a given value of L/D is the product of three factors:

(I) The basic stress perpendicular to the grain taken from the table in paragraph (7)(i).

(II) The percentage from the table set forth in clause (A).

(III) The factor for bolt diameter, as set forth in clause (B).

(B) No reduction need be made when wood splice plates are used except that the safe load perpendicular to the grain should never exceed the safe load parallel to the grain for any given size and quality of bolt and timber.

(C) The common bolts referred to in Table I are those having a yield point of approximately 45,000 pounds per square inch.

(D) The high-strength bolts referred to in Table I are those having a yield point of approximately 125,000 pounds per square inch.

(8) For other materials. Other materials when used shall be so designed and proportioned that their stresses do not exceed the allowable unit stresses generally accepted as safe by engineering practice.

The provisions of this § 15.18 adopted August 15, 1933; amended through July 1, 1968.

This section cited in 34 Pa. Code § 15.11 (relating to applicability); and 34 Pa. Code § 15.17 (relating to materials).

History

Authority: The provisions of this Chapter 15 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 15 adopted August 15, 1933; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 15.19 Special requirements.

(a) Railings shall be provided along the back of the grandstands if the rear seat is more than 4 feet above the ground, along those portions of the ends when the seats are more than 4 feet above the ground, and along the front if the front footrest is more than 1 foot, 6 inches above the ground. Railings along the rear and ends may be not less than 3 feet high above center of the nearest seat. When railings are required along the front, they may be not less than 3 feet high above the front footrest. The maximum dimension of a clear vertical opening in a railing may not be greater than 18 inches. This subsection shall be complied with by a mid-rail, wire fabric or other suitable means. Railings shall be capable of safely sustaining a vertical load of 80 pounds per linear foot and a horizontal thrust of 25 pounds per linear foot. When grandstands are used adjacent to a wall or fence, railings may be omitted from those portions where the wall or fence affords equivalent protection, if the gap between seat or foot rest and wall or fence does not exceed 6 inches. When the topmost seat of a stand is greater than 15 feet above the ground, the maximum dimension of a clear vertical opening between the rails of the back rail may not be greater than 12 inches.

(b) A grandstand having a railing along the front shall be provided with aisles so located that no portion of a seat is more than 25 feet, 6 inches from the nearest aisle. A grandstand having seats with backs shall be provided with aisles, so located that no portion of a seat is more than 18 feet from the nearest aisle. Aisles so provided may be not less than 3 feet wide, except that where an aisle is divided into two parts, one on each side of a portal, column or other obstruction, each part may be 2 feet wide. When the entrance to an aisle is elevated above the ground level, each aisle shall be provided with a stairway or ramp, whose width is not less than the width of the aisle. An aisle may not be immediately adjacent to the end of a portable or foldable grandstand. Stairs shall have a maximum slope of 10 degrees. Ramps shall have nonslip surfaces. Where aisles are provided adjacent to the end of permanent grandstands, the width of the aisles shall be a minimum of 2 feet wide.

(c) Footrests shall preferably be located above the stringer to avoid tripping. The width of footrests in permanent grandstands shall be the full open space between two rows of seats. The width of footrests in portable grandstands is preferably the full open width between seats. In no case may the width be less than 9 1/2 inches. The width of seats may also be not less than 9 1/2 inches.

(d) Seats shall be securely fastened to their supports in such a manner that they cannot accidentally be displaced. Footrests shall be so supported that they are not accidentally displaced a sufficient distance to endanger the occupant of the grandstand. Footrests which are lapped shall be provided with some positive means to prevent displacement of one piece on the other.

(e) The horizontal distance back to back of seats may not be less than 22 inches. When the same level is used for both seats and footrests the levels may not be less than 22 inches in width.

The provisions of this § 15.19 adopted August 15, 1933; amended through July 1, 1968.

This section cited in 34 Pa. Code § 15.11 (relating to applicability).

History

Authority: The provisions of this Chapter 15 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 15 adopted August 15, 1933; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 15.20 Painting and treatment of members.

(a) Steel. Steelwork may be either painted or galvanized by the hot-dip process. If galvanized, it shall be thoroughly cleaned and the minimum thickness or weight of zinc applied shall be .0034 inch, or 2 ounces per square foot of surfaces (1 ounce of zinc per square foot of surface corresponds to a coating thickness of .0017 inch). The galvanized coating shall be capable of withstanding a six dip Preece Test. If painted, it shall be thoroughly cleaned and given not less than one coat of rust inhibiting paint of the best quality.

(b) Wood. Wood in contact with the earth shall be pressure treated with creosote or an equal preservative. Other wood shall be either pressure treated or given not less than one coat of good protecting paint, varnish, lacquer or an equivalent finish, either before or not more than 2 weeks after erection.

The provisions of this § 15.20 adopted August 15, 1933; amended through July 1, 1968.

This section cited in 34 Pa. Code § 15.11 (relating to applicability); and 34 Pa. Code § 15.16 (relating to foundations).

History

Authority: The provisions of this Chapter 15 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 15 adopted August 15, 1933; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 15.21 Existing construction.

(a) Existing permanent and portable grandstands may continue to be used if determined to be safe by the Department.

(b) A grandstand determined by the Department to be unsafe for occupancy may not again be used unless made safe according to the instructions of the Department.

The provisions of this § 15.21 adopted August 15, 1933; amended through July 1, 1968.

This section cited in 34 Pa. Code § 15.11 (relating to applicability).

History

Authority: The provisions of this Chapter 15 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 15 adopted August 15, 1933; amended through July 1, 1968, unless otherwise noted.

Chapter 17 Industrial Home Work

34 Pa. Code § 17.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Contractor—A person who for the account or benefit of an employer, representative contractor or other person, distributes to a homeworker, or any other person, not recruited or engaged by the employer, representative contractor or other person, articles or materials to be manufactured in a home, and returned to him or disposed of in accordance with his directions. Employer—A person who for his own account or benefit, directly or indirectly, or through an employe, agent, independent contractor or other person does any of the following:

(i) Delivers, or causes to be delivered to another person, articles or materials to be manufactured in a home and returned to him, not for the personal use of himself or a member of his family, or disposed of in accordance with his directions.

(ii) Sells to another person, materials or articles for the purpose of having the articles or materials manufactured in a home and then rebuying the materials or articles after the manufacture, either by himself, or by someone designated by him. Home—A room, house, apartment or other premises, which is most extensively used, in whole or in part, as a place of dwelling, and including outbuildings upon premises that are primarily used as a place of dwelling, where the outbuildings are under the control of the person dwelling on the premises. Homework—The manufacture in a home of articles, or materials for an employer, a representative contractor or a contractor. Homeworker—A person engaged in manufacturing in a home, articles or materials for an employer, a representative contractor or a contractor. Manufacture—The preparing, altering, repairing, finishing or processing, in whole or in part, or handling in any way connected with the production, wrapping, packaging or preparation for display of an article or materials. Person—An individual, partnership, firm, association, domestic or foreign corporation, the legal representatives of a deceased individual, or the receiver, trustee or successor of an individual, partnership, association or corporation. Representative contractor—A person who receives from an employer, or contractor not within this Commonwealth, articles or materials to be distributed by him to a homeworker, or other person, not recruited or engaged by the employer or contractor, to be manufactured in a home, and returned to him, or disposed of, in accordance with his directions.

History

Authority: The provisions of this Chapter 17 issued under the Industrial Homework Law (43 P.
Source: The provisions of this Chapter 17 adopted December 10, 1937; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 17.2 Scope.

This chapter sets forth rules to safeguard the lives, limbs and health of workers who engage in industrial homework and places the responsibility of compliance with the rules upon both employer, the representative contractor or the contractor and employe.

History

Authority: The provisions of this Chapter 17 issued under the Industrial Homework Law (43 P.
Source: The provisions of this Chapter 17 adopted December 10, 1937; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 17.3 Penalty.

A person who violates this chapter or regulations of the Department or who interferes with the Department or its authorized representative in the enforcement of the regulations will be deemed guilty of a misdemeanor in accordance with section 7, 9 or 21 of act of May 18, 1937 (P. L. 665, No. 176) (43 P. S. § 491-7, § 491-9 or § 491-21).

History

Authority: The provisions of this Chapter 17 issued under the Industrial Homework Law (43 P.
Source: The provisions of this Chapter 17 adopted December 10, 1937; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 17.11 Licenses of employers or representative contractors.

An employer or representative contractor may not furnish material to a contractor or homeworker until the employer or representative contractor has first secured a permit from the Department. A contractor may not furnish material to homeworkers until the contractor has first secured a permit from the Department. A permit of contractor shall entitle the contractor to accept materials to be given to homeworkers only from those employers or representative contractors who have been issued permits by the Department as employers or representative contractors to distribute homework. If the employer is a resident of a jurisdiction other than this Commonwealth, he shall cause his authorized agent in this Commonwealth to secure a permit as a representative contractor. When a person furnishes, or causes to be furnished, material to a contractor for the purpose of manufacture in whole or in part by homeworkers this person shall be considered an employer, and shall be licensed as such. Permits may be revoked if, after a hearing, it is determined that this chapter or the act of May 18, 1937 (P. L. 665, No. 176) (43 P. S. § § 491-1—491-24) or act of May 13, 1915 (P. L. 286, No. 177) (43 P. S. § § 41—71), have been violated.

This section cited in 34 Pa. Code § 17.13 (relating to label).

History

Authority: The provisions of this Chapter 17 issued under the Industrial Homework Law (43 P.
Source: The provisions of this Chapter 17 adopted December 10, 1937; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 17.12 Report of homeworkers.

Each employer, representative contractor or contractor, whichever one distributes materials direct to homeworkers, shall forward to the Department between the first and 15th day of March, June, September and December, a complete list of homeworkers employed by him. The lists shall give the name, address and age of each homeworker, and the wages received. There shall also be submitted a statement of the materials furnished and articles manufactured by each homeworker. A list of contractors to whom materials have been furnished shall likewise be submitted by each employer or representative contractor furnishing materials to a contractor. Each contractor shall also submit a list of employers or representative contractors from whom he has received materials, and indicate whether or not the materials furnished were in turn given out to homeworkers.

History

Authority: The provisions of this Chapter 17 issued under the Industrial Homework Law (43 P.
Source: The provisions of this Chapter 17 adopted December 10, 1937; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 17.13 Label.

The employer or representative contractor shall place upon each unit of delivery or shipment to a homeworker a label of a design which has been registered with the Department at the time of securing the license specified in § 17.11 (relating to licenses of employers or representative contractors). When material to homeworkers is distributed by a contractor, the label shall bear the name of the contractor in addition to the name of the employer or representative contractor. The labels may not be removed from the wrapper or container in which the homework is delivered until the work has been completed and returned to the employer.

History

Authority: The provisions of this Chapter 17 issued under the Industrial Homework Law (43 P.
Source: The provisions of this Chapter 17 adopted December 10, 1937; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 17.14 Sanitation.

The employer, representative contractor or contractor may not distribute directly or indirectly to a homeworker materials to be manufactured, finished, repaired, altered or handled in any manner until he has assured himself that the home in which the work is to be done is in a clean and sanitary condition and free from an infectious, contagious or communicable disease. The recommended Health and Sanitation Housing Standards of the Department of Health may be used as a guide for determining the sanitary condition of the home.

History

Authority: The provisions of this Chapter 17 issued under the Industrial Homework Law (43 P.
Source: The provisions of this Chapter 17 adopted December 10, 1937; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 17.15 Contagious diseases.

The employer, representative contractor or contractor upon being notified by a representative of the Department or local or the Department of Health of the existence of an infectious, contagious or communicable disease in a home where industrial homework is being done, shall, if permitted by the local or Department of Health, remove the articles or materials from the home. The articles or materials shall be immediately sterilized in a manner approved by the Department. The employer, representative contractor or contractor may not again furnish materials to a homeworker living in the home until he has been notified by one of the agents mentioned in this section that the home is free from the infectious, contagious or communicable disease.

History

Authority: The provisions of this Chapter 17 issued under the Industrial Homework Law (43 P.
Source: The provisions of this Chapter 17 adopted December 10, 1937; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 17.16 Responsibility of employer, representative contractor or contractor.

The employer, representative contractor or contractor, distributing materials directly to homeworkers, shall designate some person over 21 years of age, such as a parent, a guardian or homeworkers, in each home where homework is done as his authorized representative in that home, who, together with the employer, representative contractor or contractor is jointly responsible for the carrying out of the act of May 18, 1937 (P. L. 665, No. 176) (43 P. S. § § 491-1—491-24) or the act of May 13, 1915 (P. L. 286, No. 177) (43 P. S. § § 41—71) and this chapter. An employer or representative contractor who furnishes materials to a contractor to be distributed to homeworkers when that contractor is violating the provision of the laws or regulations applicable to industrial homework, shall be held jointly responsible with the contractor.

History

Authority: The provisions of this Chapter 17 issued under the Industrial Homework Law (43 P.
Source: The provisions of this Chapter 17 adopted December 10, 1937; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 17.17 Female workers.

(a) A female may not be employed more than 10 hours per day, nor more than 48 hours per week nor more than 6 days per week.

(b) A female 17 years of age or younger may not be employed before 6 a.m. or after 9 p.m.

(c) A female may not be employed for more than 5 hours continuously without a rest or meal period of at least 30 minutes.

(Editor’s Note: This section is unconstitutional under PA. CONST. ART. I, § 28.)

History

Authority: The provisions of this Chapter 17 issued under the Industrial Homework Law (43 P.
Source: The provisions of this Chapter 17 adopted December 10, 1937; amended through July 1, 1968, unless otherwise noted.

34 Pa. Code § 17.18 Child labor.

(a) Minors 15 years of age or under may not be employed in industrial homework. A minor between 16 and 18 may be employed in this work if it does not interfere with school attendance. The hours spent in school shall be considered as part of the working day or week. A minor 17 years of age or younger may not be employed for more than 44 hours a week, nor more than 8 hours per day.

(b) A minor 17 years of age or younger may not be employed without an employment certificate which shall be kept on file by the employer.

(d) Vacation employment certificates are required when minors 16 to 18 work at any time except when they are required to attend school.

(e) Employment certificates may be issued only by the district superintendent, supervising principal or secretary of the board of school directors or other school official, deputized in writing by any of the other school officials authorized by law to issue certificates.

(f) Before an employment certificate is issued the prospective employer shall make a statement in writing that he expects to give employment to a minor applying for the certificate.

(g) Employers shall acknowledge in writing, to the issuing officer, receipt of an employment certificate within 3 days after the minor has begun working.

(h) Upon termination of employment, the employer shall return the employment certificate by mail to the issuing school official.

History

Authority: The provisions of this Chapter 17 issued under the Industrial Homework Law (43 P.
Source: The provisions of this Chapter 17 adopted December 10, 1937; amended through July 1, 1968, unless otherwise noted.

Chapter 21 Ladders

34 Pa. Code § 21.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: ‘‘A’’ ladder or trestle ladder—Ladder that consists of two single ladders hinged at the top to form equal angles with the base. Extension ladder—A ladder that consists of two or more sections traveling in guides or brackets so arranged that it may be adjusted to variable lengths. Extension trestle ladder—A ladder that consists of an ‘‘A’’ or trestle ladder with an additional single ladder which is adjusted vertically and provided with a device to lock it into place. Fire ladder—A ladder used exclusively for fire purposes, but it does not include equipment of organized fire departments. Fixed ladder—A ladder which is substantially fastened to a structure in a permanent position. Full working length—The length of the ladder extended in extension or sectional ladders and not the sum of the lengths of the individual sections. Ladder—An appliance designed for use in ascending or descending at an angle with the horizontal, exceeding 50° usually consisting of two side pieces called side rails, joined at short intervals by cross pieces called steps. Portable ladder—A ladder that may be used at various locations. This term includes single, extension, step, and trestle ladders. Sectional ladder—A ladder consisting of two or more sections which when combined will function as a single ladder. Side-rolling ladder—A ladder running or a guide rail, generally fastened to shelving, the plane of the ladder being also its line of motion. Single or straight ladder—A ladder consisting of only one section. Stepladder—A ladder which consists of self-supporting flat steps or treads. Trolley ladder—A ladder running on or in a track, fastened overhead; the plane of the ladder being at right angles to the line of motion.

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.2 Purpose.

This chapter sets forth requirements for the construction, use and maintenance of ladders, and the safeguard of the lives, limbs and health of employes in industries in which such ladders are used.

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.3 Scope.

This chapter applies to every establishment within this Commonwealth, specifies the kinds of materials suitable for ladders, and divides the species of wood into four classes according to their strength as related to minimum dimensional requirements of ladder parts. The quality of wood materials specified in this chapter shall be controlled by limiting the timber defects in ladders manufactured to the minimum dimensions. Where larger cross sections are employed, the timber requirements relating to the size of knots and slope of cross grain may be modified when and as the provisions of this chapter provide the basis of modification being that the strength of each ladder part shall be equivalent to or greater than a similar part manufactured to the minimum dimensional requirements.

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.3a Interpretation of Federal preemption of State regulations—statement of policy.

(b) Interpretation. For purposes of this chapter, the Department interprets that the Occupational Safety and Health Act (29 U.S.C. Chapter 15), and its corresponding regulations in 29 CFR Chapter XVII (relating to Occupational Safety and Health Administration, Department of Labor), preempt the State regulations in this chapter on private sector ladders. However, for public sector ladders, or to the extent that Federal regulation does not apply, the State regulation will remain in full force and effect.

The provisions of this § 21.3a added under section 12 of the act of May 18, 1937 (P.L. 654, No. 174) (43 P.S. § 25-12).

The provisions of this § 21.3a added February 27, 2026, effective February 28, 2026, 56 Pa.B. 1139.

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.4 Penalty.

Any person who violates any of the provisions of this chapter or any regulations of the Department or who interferes with the Department or its authorized representative in the enforcement of the provisions or regulations shall be penalized under the provisions of section 15 of act of May 18, 1937 (P.L. 654, No. 174) (43 P.S. § 25-15).

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.11 Timber defects.

The term specifically referred to as ‘‘timber defects’’ shall include all of the following:

(1) A knot which is a portion of a branch and which has become incorporated in the body of a tree. All provisions of this chapter relating to the presence of knots apply only to the surface of the piece on which the knot appears, and all such provisions limiting the size of knots apply to the mean or average diameter as measured on the surface.

(2) Cross-grained wood in which the fibres are not parallel with the axis or longitudinal edge of the piece. It is expressed in this chapter as the slope of the grain with respect to the edges of the piece. For instance, one in 12 means that in a distance of 12 inches the grain deviates one inch from the edge. The presence in any surface of local discontinuity of grain or local deviations in the straightness of grain because of knots permitted in the piece shall be disregarded in applying the provisions of this chapter.

(3) A shake which is a separation along the grain, the greater part of which occurs between the rings of annual growth.

(4) A check which is a separation along the grain, the greater part of which occurs across the rings of annual growth.

(5) A pitch pocket which is an opening between the grain of the wood, containing more or less pitch or bark.

(6) Decay which is the destruction of the wood substance due to the action of wood destroying fungi.

(7) A cross-break which is a separation of the wood cells across the grain of the wood.

(8) A compression failure which is a deformation of the fibres due to excessive compression along the grain. This deformation takes the form of a buckling of the fibres.

(9) Compression wood, or proudwood, which is an abnormal growth occurring in conifers (softwood) and is characterized by relatively wide annual rings, usually eccentric and a comparatively large proportion of summerwood, usually 50% or more, which merges into the springwood without exhibiting a marked contrast in color.

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.12 Low density wood.

This type of wood is exceptionally light in weight for its species, due usually to abnormal growth conditions. It is frequently referred to as brashy wood and it breaks with a brittle fracture.

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.21 Wood side rails.

(a) Wood side rails shall not be made from low density wood but shall be of throughly seasoned material free of any of the following defects:

(1) Shakes.

(2) Cross-breaks.

(3) Checks over 6 inches long or over 1/2 inch deep.

(4) Decay.

(5) Compression failures.

(6) Compression wood.

(b) Cross grain in wood side rails of the different types and sizes of ladders when measured over a distance which will assure the determination of the general slope of the grain, not influenced by short, local deviations may not exceed the following:

(1) In side rails of portable ladders having rungs for steps such as in extension, straight, trestle, or sectional ladders, when built to the minimum dimensions, the cross grain shall not exceed a slope of one in 15.

(2) In side rails of portable ladders over 12 feet in length, having treads or cleats for steps, and in side rails of fixed ladders, the cross grain shall not exceed a slope of one in 12 when built to minimum dimensions.

(3) In side rails of portable ladders under 12 feet in length, having treads for steps, the cross grain shall not exceed a slope of one in ten when built to minimum dimensions.

(4) For ladders used indoors or otherwise protected from the weather, cross grain greater than that provided in paragraph (3) may be employed in side rails in accordance with the following schedule, if the size is increased to afford at least 15% greater strength than the minimum specified in § 21.32 (relating to side rails):

(i) One in 12 may be substituted for one in 15.

(ii) One in 10 may be substituted for one in 12.

(d) Knots in side rails shall not exceed one inch in diameter.

(e) Knots appearing in the wide faces of side rails of minimum dimensions adjacent to the edges shall not exceed in diameter 1/12 the width of the face. The size of knots in the wide faces may increase proportionately from the size allowed adjacent to the edge to 2 1/2 times that size at the center line of the wide face. Knots appearing in side rails may be larger if compensated for by additional cross section and if the strength of the piece is equivalent to or greater than the strength of a similar piece of minimum dimensions. However, no knot, for which compensation for size is allowed, shall exceed, when located adjacent to the edge of the piece, 1/6 the width of the wide face.

(f) Knots adjacent to the edges shall not appear within 1 1/2 inches, measured parallel to the length of the side rail, of the section occupied by a rung, tread, cleat or other knot.

(g) Pitch pockets not exceeding 1/8 inch wide, two inches long and 1/2 inch deep are permitted in wood side rails if not more than one appears in each four feet of length.

(h) Wood side rails shall be dressed on all sides and free from sharp edges and splinters.

(i) Wood side rails shall be made from Eastern spruce or Sitka spruce or approved equivalent. Other woods may be suitable for ladder construction if so classified in § § 21.61—21.72 (relating to wood classification).

This section cited in 34 Pa. Code § 21.23 (relating to wood steps).

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.22 Compensation for large knots.

The method of calculating the depth of side rail to determine equivalent strength, assuming the thickness remains constant shall be as follows:

Where D1 = depth of side rail of equivalent strength.

D1 = minimum depth permitted.

Ke = size of knot adjacent to the edge of the wide face when larger

than 1/12 the depth and not greater than 1/6 the depth.

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.23 Wood steps.

(a) Wood rungs, treads and cleats shall not be made from low density wood, but shall be thoroughly seasoned material free of all of the following defects:

(1) Shakes.

(2) Pitch pockets.

(3) Cross-breaks.

(4) Injurious checks.

(5) Decay.

(6) Compression failures.

(7) Compression wood.

(b) Cross grain in rungs and cleats of minimum dimensions shall not exceed a slope of one in 15. If the size of rungs and cleats is increased to afford at least 15% greater strength than the minimum specified in § 21.33 (relating to steps), the maximum allowable slope of cross grain may be increased to one in 12.

(c) In ladders having treads for steps, cross grain in treads shall not exceed that permitted for side rails as specified in § 21.21 (relating to wood side rails).

(d) Knots over 1/8 inch in diameter shall not appear in rungs.

(e) Knots shall not appear in the narrow faces of treads and cleats.

(f) Knots appearing in the wide faces of treads and cleats adjacent to the edges shall not exceed in diameter 1/12 the width of the face. The size of knots in the wide faces may increase proportionately from the size allowed adjacent to the edge of two times that size at the center line of the wide face.

(g) Wood treads shall be made from the species of woods according to the specifications of § 21.21.

(h) Wood rungs and wood cleats shall be made from white ash or approved equivalent. Species listed in § 21.61 (relating to group one woods) with the exception of Douglas fir and Southern yellow pine may be substituted for white ash in like sizes. Douglas fir and Southern yellow pine shall not be used for rungs or cleats.

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.24 Metal parts.

Unless otherwise specified by the provisions of this chapter, all metal parts or fittings shall be made of any of the following:

(1) Steel.

(2) Wrought iron.

(3) Malleable cast iron.

(4) Other equivalent metal.

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.31 General.

(a) Sides. Ladders may have either parallel or spreading straight sides unless otherwise specified in this section. Portable ladders may also have the sides flaring at the base to increase their stability and converging at the top where specific uses warrant.

(b) Distance. For ladders exceeding four feet in length, the inside width between side rails shall be not more than 32 inches except for bases flared as permitted in subsection (a) and not less than 10 inches except where rails are converged at the top, in which case this minimum width shall be obtained not more than 4 feet from the top. For ladders not exceeding 4 feet in length the minimum width between side rails shall be not less than 8 inches.

(c) Spacing. A uniform step spacing shall be employed. It is recommended that this spacing be 12 inches except where specific uses require shorter spacing in which case it may not be less than 8 inches.

(d) Fastening. All holes for wood rungs shall either extend through the side rail or be bored to within 3/16 inch of the outside face of the rail. In the former construction the rungs shall extend through to at least flush with the outside rail surface while in the latter the distance between the end of the rung and the outside face of the rail shall not be greater than 5/16 inch.

(e) Holes. All holes for wood rungs shall be located on the center line of the wide face of the side rails. The size of holes shall be such as to insure a driving fit for the rung.

(f) Tenon. The shoulder of round wood rungs shall be forced firmly against the side rail and the tenon secured in place by a nail or the equivalent to prevent turning. Oval rungs shall be secured in place by two nails or equivalent in each rail.

(g) Treads. Wood treads shall be inset in the side rails not less than 1/8 inch, fastened to it by nails or screws, and secured by braces, bolts, tie rods or the equivalent, except when ladders are built entirely of species listed in § 21.61 (relating to group one wood). In this latter case the treads may be fastened by two inch screws or equivalent and secured at intervals not greater than 4 feet apart along the length of the rail by braces, bolts, tie rods or the equivalent.

(h) Cleats. Wood cleats shall be housed into side rails not less than 1/2 inch or equivalent construction. They shall be fastened to each rail by three 10d wire nails or equivalent.

(i) Wood steps. All wood steps 28 inches or more in length shall be reinforced by braces or supported by additional bearings.

(j) Metal rungs. Metal rungs shall be securely fastened to the side rails by riveting, bolting or welding. Their position and method of attachment to the rail shall be such as to distribute uniformly the stresses transmitted to the side rail.

(k) Metal treads. Metal treads shall be flanged downward not less than two inches at each end of tread and secured to each side rail by two bolts or rivets.

(l) Old construction. ‘‘U’’ sections used as steps or rungs, on old construction may be fastened on the outside of the wall by using two 5/8 inch diameter through bolts on each end.

(m) New construction. ‘‘U’’ sections used as steps or rungs on new construction shall be built into the structure a minimum of 8 inches with not less than 3 inches of the inner ends bent at right angles. ‘‘U’’ sections shall not be used on smoke stacks.

(n) Hardware and fittings. All hardware and fittings shall be securely attached by means of rivets, bolts or the equivalent. The bolts or rivets shall make a close fit in the holes prepared to receive them.

(o) Movable parts. The construction and assembly of the movable parts of ladders shall be such that they operate freely without binding or unnecessary play.

(p) Slipping. Portable, extension, and sectional ladders shall be either equipped with approved devices or shall be so placed, fastened or held as to prevent slipping.

(q) Portable ladder hooks. When service conditions warrant, hooks may be attached at or near the top of portable ladders to give added security.

(r) Hooks. Hooks shall be securely bolted or riveted to the side rails or equivalent construction, and shall be of such dimensions as to withstand the loads imposed upon them.

(s) Special ladders. Ladders of special design shall be of an approved type.

This section cited in 34 Pa. Code § 21.40 (relating to step ladders).

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.32 Side rails.

(a) Unless otherwise specified in subsection (c) or other provisions of this chapter, wood side rails for all ladders shall have a minimum dressed cross section of the following dimensions:

(b) The dimensions of subsection (a) are based upon a 7/8 inch mortise, 1/8 inch gain, or equivalent for step attachments. Where the strength of side rails is reduced more than this by the step attachments or where it is desired to use a rail section, either dimension of which is less than that specified in subsection (a), the rail section shall develop an actual working stress for the wood listed in § 21.63 (relating to group three woods), not exceeding 1,600 pounds per square inch when computed by the following formula applying to rectangular sections:

where

P = pounds, which is the normal component on each rail of a load of 200 pounds at the center of the ladder, equally distributed between the rails, when the foot of the ladder is moved out of the perpendicular by 1/4 of its length.

W = weight of ladder, in pounds.

L = length of ladder, in inches.

B = net thickness of each side rail, in inches (deducting depth of gain, if any, for flat treads).

D = depth of side rail, in inches.

d = diameter of hole drilled for rung (d3 shall be taken as not less than 0.67, regardless of the method of step fastening used).

(c) Wood side rails of ladders having cleat steps shall be not less than 3/8 inch greater in thickness and 1/2 inch greater in depth than is specified under subsection (a) of this section, but no such ladder shall be less than 1 5/8 inches thick and 3 5/8 inches in depth (2 by 4 inches nominal).

(d) Metal side rails when made of mild steel or wrought iron shall be not less than 9/16 of a square inch in cross section for lengths 12 feet and under, and not less than 3/4 of a square inch in cross section for lengths over 12 feet with a minimum thickness not less than 3/8 inch. These dimensions are based upon the removal of not more than 1/2 inch of material for the attachment of the steps. When more material is removed from the side rails for step attachments or when side rails are made of other metal or shapes, they shall have the same strength.

(e) Except as otherwise provided in this chapter, wood side rails shall not be spliced.

This section cited in 34 Pa. Code § 21.21 (relating to wood side rails); 34 Pa. Code § 21.34 (relating to fixed ladders); 34 Pa. Code § 21.35 (relating to single or straight ladders); 34 Pa. Code § 21.36 (relating to extension ladders); and 34 Pa. Code § 21.40 (relating to stepladders).

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.33 Steps.

(a) Except as otherwise provided in this chapter, steps may be either rungs, treads or cleats, and shall have the dimensions specified in this section or be of equivalent strength.

(b) Wood rungs shall have the following minimum dimensions, length of rung to be measured between supports:

(d) Metal rungs of solid round steel stock shall have a minimum center diameter of 5/8 inch and tenon diameter of 1/2 inch.

(e) Metal rungs when made of pipe shall not be smaller than 1 inch standard steel pipe.

(f) Metal rungs when made of angle section shall have minimum dimensions of 3/4 by 3/4 by 1/8 inches.

(g) ‘‘U’’ sections shall, in general, be considered as the equivalent of a rung and shall meet all of the requirements of this chapter relating to rungs.

(h) Wood treads shall have the following minimum dimensions:

(i) Metal treads shall have a width as specified for wood treads. In cross section metal treads shall be a channel or equivalent section equal in strength to the specifications for wood treads.

(j) Wood cleats shall have the following minimum dimensions:

This section cited in 34 Pa. Code § 21.23 (relating to wood steps); 34 Pa. Code § 21.34 (relating to fixed ladders); 34 Pa. Code § 21.35 (relating to single or straight ladders); 34 Pa. Code § 21.36 (relating to extension ladders); 34 Pa. Code § 21.38 (relating to trestle and extension trestle ladders); and 34 Pa. Code § 21.40 (relating to stepladders).

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.34 Fixed ladders.

(a) Side rails and rungs. Minimum dimensions of side rails and rungs shall be in accordance with § § 21.32 and 21.33 (relating to side rails; and steps). Fixed ladders in other than vertical position shall have side rails increased in section to provide for possible increase in stress.

(b) Securement. Fixed ladders shall be firmly secured in position in accordance with other provisions of this chapter.

(c) Splices. Splices for fixed ladders shall be of the same depth as the side rails. The length of splice plates for metal or wood side rails shall be four times the depth of the side rail. They shall be made of metal not less than 1/4 inch in thickness chamfered on the ends.

(d) Bolts and rivets. Heads of bolts and rivets shall be countersunk or of the button type. The heads shall be on the outside of the rail. Bolts or rivets shall not be less than 1/2 inch nor more than 5/8 inch in diameter. Bolt ends shall be chamfered and only the chamfered end shall extend beyond the nut. Rivet ends shall be finished in button shape like the heads. Washers shall be placed under the nuts and rivet ends on wood side rails. On each side of the joint there shall be a minimum of three bolts or rivets for metal side rails and a minimum of four bolts or rivets for wood side rails. Bolts and rivets in both metal and wood side rails shall be staggered in position.

(e) Clearances. Distance from front of rungs to nearest permanent object on the climbing side of the ladder shall be not less than 30 inches. Distance from back of rungs to nearest permanent object shall be not less than 6 1/2 inches. There shall be a clear width of at least 15 inches from the center line of the ladder on either side across the front of the ladder. Ladders equipped with a cage, basket or the equivalent shall be excepted.

(f) Fastenings. Fastenings shall be made of material equivalent in strength to the rails and shall be of sufficient length to allow a minimum distance as required by subsection (d) between buildings and rungs of the ladder. Fastenings shall be made to the permanent structure either by building in or by through bolts, rivets, or expansion bolts grouted, leaded, or the equivalent.

(g) Distance. The maximum distance between fastenings or braces shall not be in excess of 10 feet in ladders over 15 feet in length unless other provisions giving equivalent security are provided.

(h) Pitch. The pitch of a fixed ladder shall not be such that the position of a person is necessarily below the ladder when climbing, unless a cage guard is provided.

(i) Cages. Ladders over 30 feet in length shall be provided with cages or wells of adequate dimensions except when the ladder is built in zigzag sections, and provided with platforms between sections.

(j) Bottom of cage. Cages when used shall extend from the top of the ladder to a point 7 feet above the base, with the bottom flared not less than 4 inches, or the portion of the cage opposite the ladder shall be carried to the base.

(k) Construction. Cages shall be substantially built and securely fastened to the ladder. The inside shall be clear of projections. Materials used shall be of a cross section not less than that required for the side rails of a fixed ladder.

(l) Cage size. Cages shall not extend less than 24 inches nor more than 28 inches from the face of the ladder. The cage should not be less than 24 inches wide.

(m) Offset platforms. If fixed ladders are used to ascend to heights exceeding 30 feet, it is recommended that landing platforms be provided for each 30 feet and the ladder sections be offset, each from the others. When the installation condition requires offset sections of ladders, the sections shall be joined by a landing platform. Fire ladders and ladders equipped with cages may be excepted from this requirement.

(n) Above roof. The side rails of fixed ladders shall extend at least 3 1/2 feet above the roof or landing platform, preferably being goosenecked, unless other convenient and secure handholes are fixed at these places. It is recommended that the rungs be omitted from the extension.

(o) Ladder to roof. When a man steps a distance greater than 18 inches from the ladder to the roof, tank or the like, a landing platform is recommended.

(p) Railings and toeboards. All landing platforms shall be equipped with standard railings and toeboards so arranged as to give safe access to the ladder. The platforms should not be less than 24 inches wide.

(q) Top rung. The top rung of any section of a fixed ladder shall be at the level of the adjacent landing platform served by the ladder.

(r) Safety devices. Approved ladder safety devices may be used on towers, water tanks, and chimney ladders over 30 feet in unbroken length in lieu of cage protection. All ladder safety devices such as those that incorporate life belts, friction brakes and sliding attachments shall meet the design requirements of the ladders which they serve.

The provisions of this § 21.34 amended July 17, 1970, 1 Pa.B. 78.

This section cited in 34 Pa. Code § 21.39 (relating to fire ladders).

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.35 Single or straight ladders.

(a) Single ladders over 30 feet in length shall not be used.

(b) The width between side rails at the base shall in no case be less than 11 1/2 inches for ladders up to and including 10 feet in length. For longer ladders this width should be increased at least 1/4 inch for each additional foot of length.

(c) Rectangular wood side rails may have an end depth of not less than 2-1/4 inches and shall have center cross section to conform with the requirements of § 21.32 (relating to side rails). Rungs shall conform to the requirements of § 21.33 (relating to steps).

(d) Hooked tops which fit over shaftings, roofs and other similar places shall be employed on single ladders where working conditions warrant.

This section cited in 34 Pa. Code § 21.39 (relating to fire ladders).

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.36 Extension ladders.

(a) Side rails of extension ladders when fully extended shall conform with the dimensions of § 21.32 (relating to side rails) for such extended length. On a two piece extension ladders it is recommended that allowance be made for a 3 foot lap up to approximately 38 feet, a 4 foot lap for 40 and 44 feet extended lengths, a 5 foot lap for 46 feet and up, and for three section ladders 4 feet at each lap for 46 feet and up of extended length. Rungs shall be according to the requirements of § 21.33 (relating to steps).

(b) The minimum distance between side rails of bottom section of extension ladders shall be as follows:

(d) Locks and guide irons shall be of such construction as to make the extension ladder equal in strength to a ladder constructed of continuous side rails.

(e) Locking devices other than as specified in this section may be used after they are approved for such service.

(f) Ladders over 30 feet in length shall be equipped with metal shackle, pulley, and rope for operation. It is recommended that ladders less than 30 feet in length be also so equipped.

This section cited in 34 Pa. Code § 21.39 (relating to fire ladders).

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.37 Sectional ladders.

(a) Sectional ladders over 31 feet in length shall not be used.

(b) The connection joint shall not be less than one foot and shall have a good fit without binding or unnecessary play. The grooved ends of the sections shall be reinforced with a metal plate of not less than No. 18 U.S. gauge properly secured on it and a rivet above the groove extending through the depth of the rail, or equivalent.

(c) The bottom and intermediate sections shall not exceed a length of 6 feet 5 inches. The top sections may not exceed a length of 9 feet.

(d) The minimum dimensions of side rails shall be as follows:

(e) Sectional ladders may be made up either of sections having spreading sides so that the sections are not interchangeable in their position in the ladder, or of interchangeable sections with or without a top section having converging rails and a bottom section having flaring side rails. The top section having converging side rails shall have a width at the top of not less than 4 inches.

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.38 Trestle and extension trestle ladders.

(a) It is recommended that trestle ladders over 20 feet in length not be used.

(b) Extension or base sections of extension trestle ladders over 20 feet in length shall not be used.

(c) The dimensions of side rails of trestle ladders or of the bases of extension trestle ladders shall not be less than the following:

(d) The extension section shall have parallel rails. The dimensions of side rails shall not be less than the following:

(e) Trestle ladders and base sections of extension trestle ladders shall be so spread that the width of the trestle at the bottom, inside to inside, is equal to or greater than 5 1/2 inches per foot of length of ladder.

(f) The minimum distance between side rails of trestle ladders and the extension sections of trestle ladders shall be not less than 12 inches. The spread of the side rails for trestle and base of extension trestle ladders may not be less than one inch per foot of length of ladder.

(g) Bearings shall be equivalent in strength, wear, and construction to the specifications of § 21.33 (relating to steps). Bearings may not exceed 18 inches on centers.

(h) The top of side rails of trestle and base sections of extension trestle ladders shall be cut on bevel, or other means shall be provided to prevent them from spreading. In addition a locking device or spreader to hold the front and back sections in an open position shall be a component of each ladder.

(i) The locking device for securing the extension to the base shall be of an approved design.

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.39 Fire ladders.

(a) Fire ladders shall be painted red and plainly marked ‘‘For fire purposes only.’’

(b) Fire ladders shall be built and installed according to the requirements of § § 21.34—21.36 (relating to fixed ladders; single or straight ladders; and extension ladders).

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.40 Stepladders.

(a) Stepladders over 20 feet in length may not be used.

(b) Stepladders shall have side rails of the following solid cross section or a section which is equivalent in strength; the required thicknesses provide for the cutting of a gain not over 1/8 inch in depth and shall be increased when gains of greater depth are used:

(c) Stepladders shall be so constructed that when they are placed in the open position the front section shall have a minimum slope of 3 1/2 inches and the back section a minimum slope of 2 inches for each 12 inch length of side rail.

(d) Stepladders shall be so constructed that when they are placed in the open position all treads shall be level. Treads shall be in accordance with the requirements of § 21.33 (relating to steps).

(e) Except as specified in § 21.31(b) (relating to general) the minimum width between side rails at the top step, inside to inside, may not be less than 12 inches with a spread of at least one inch for each foot of length of stepladder.

(f) A locking device or spreader to hold the front and back sections in open position shall be a component of each stepladder. This device shall have all sharp points covered or removed to protect the user.

(g) The back section of stepladders, if provided with steps, shall be built with side rails having a thickness not less than that specified for the front section in subsection (b) and the depth of side rails shall be such that the section will not develop a working stress for woods listed in § 21.63 (relating to group three woods) greater than 1,600 pounds per square inch when tested by the formula in § 21.32 (relating to side rails). If not provided with steps, the back section shall be built with side rails and bracing necessary to provide for all probable stresses in the section.

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.41 Trolley and side-rolling ladders.

(a) It is recommended that trolley ladders and side-rolling ladders over 20 feet in length not be used.

(b) The dimensions of side rails shall not be less than that shown in the following table; the required thicknesses provided for the cutting of a gain not over 1/8 inch in depth and shall be increased when gains of greater depth are used:

(d) Tracks shall be of wood, or metal, except cast iron, or a combination of these materials.

(e) Tracks for the top end of ladders shall be fastened securely and so constructed that the wheels do not jump the track. Tracks shall be so designed as to provide for all probable strains to which they may be subjected.

(f) The supports shall be securely fastened by lag screws, machine, hook, or toggle bolts or their equivalent.

(g) Tracks for side-rolling ladders shall be supported by metal or wood brackets securely screwed or bolted to shelving or another permanent structure at not over 3 feet on centers.

(h) Wheel carriages shall be so designed as to provide for all strains to which they may be subjected. It is recommended that two point suspension be used. The wheel carriage for the top end of the ladder shall be securely fastened to the top of the ladder with metal brackets bolted either to the side rails or to the top step. When bolted to the top step this step shall be secured to the side rails with metal braces in addition to those otherwise provided. The wheel carriage shall be so designed that a loose or broken wheel does not allow the ladder to drop or become detached from the track.

(i) The wheel carriage for the bottom end of the ladder shall be securely fastened to the bottom of the ladder.

(j) The wheels at the upper end of the ladder shall have a minimum wheel base of 8 inches. When wheels are used at the bottom of the ladder there shall be at least one wheel supporting each side rail.

(k) Running gear for bottoms of both trolley and side-rolling ladders shall be so designed and constructed as to provide for any strain to which they may be subjected.

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.51 Care.

(a) Maintenance. Ladders shall be maintained in good condition at all times, the joint between the steps and side rails shall be tight, all hardware and fittings shall be securely attached, and the movable parts shall operate freely without binding or undue play.

(b) Lubrication. Metal bearings of locks, wheels, pulleys and other instruments shall be frequently lubricated.

(d) Safety feet. Safety feet and other auxilliary equipment shall be kept in good condition to insure proper performance.

(e) Storage. Ladders should be stored in such a manner as to provide ease of access for inspection and to prevent danger of accident when withdrawing a ladder for use.

(f) Storage location. It is recommended that wood ladders, when not in use, be stored at a location where they are not exposed to the elements but where there is good ventilation. They shall not be stored near radiators, stoves, steam pipes or other places subjected to excessive heat or dampness.

(g) Horizontal storage. It is recommended that ladders stored in a horizontal position be supported at a sufficient number of points to avoid sagging and permanent set.

(h) On vehicles. It is recommended that ladders carried on vehicles be adequately supported to avoid sagging and securely fastened in position to minimize chafing and the effects of road shocks.

(i) Preservation. It is recommended that ladders be kept coated with a suitable preservative material.

(j) Inspection. Ladders shall be inspected frequently and those which have developed defects shall be withdrawn from service for repair or destruction and tagged or marked ‘‘Dangerous, do not use.’’

(k) Slipping. It is recommended that rungs be kept free of grease and oil and metal rungs suitably roughened to prevent slipping.

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.52 Use.

(a) Portable ladders shall, when possible, be used at such a pitch that the horizontal distance from the top support to the foot of the ladder is 1/4 the length of the ladder. The ladder shall be so placed as to prevent slipping, or it shall be lashed or held in position.

(b) Crowding on ladders is not permitted.

(c) Portable ladders shall be so placed that the side rails have a secure footing. The top rest for portable ladders shall be reasonably rigid and have ample strength to support the applied load.

(d) Ladders may not be placed at the following:

(1) In front of doors opening toward the ladder unless the door is blocked open, locked or guarded.

(2) On boxes, barrels or other unstable bases to obtain additional height.

(e) It is recommended that a ladder be provided with a board across the top before placing it against window frames.

(f) It is recommended that ladders be faced when ascending or descending.

(g) Ladders with broken or missing steps, broken side rails or other faulty equipment may not be used.

(h) Short ladders may not be spliced together to provide long sections.

(i) Ladders made by fastening cleats across a single rail may not be used.

(j) In building construction, if warranted by height of operations or traffic conditions, separate ladders shall be designated for ascent and descent.

(k) Ladders shall not be used as a guy, brace or skid or for other than their intended purposes.

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.61 Group one woods.

The following woods may not be more than 10% smaller than spruce in each cross section dimension

This section cited in 34 Pa. Code § 21.21 (relating to wood side rails); 34 Pa. Code § 21.23 (relating to wood steps); 34 Pa. Code § 21.31 (relating to general); and 34 Pa. Code § 21.65 (relating to wood for ladder use).

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.62 Group two woods.

The following woods may not be more than 5.0% smaller than spruce in each cross section dimension:

This section cited in 34 Pa. Code § 21.21 (relating to wood side rails); and 34 Pa. Code § 21.65 (relating to wood for ladder use).

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.63 Group three woods.

(a) The following woods may be substituted for spruce in required spruce sizes

(b) All minimum dimensions of wood side rails specified in this chapter are based on the species of woods listed under subsection (a).

This section cited in 34 Pa. Code § 21.21 (relating to wood side rails); 34 Pa. Code § 21.32 (relating to side rails); 34 Pa. Code § 21.40 (relating to step ladders); and 34 Pa. Code § 21.65 (relating to wood for ladder use).

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.64 Group four woods.

The following woods shall not be less than 5% larger than spruce in each cross section dimension:

This section cited in 34 Pa. Code § 21.21 (relating to wood side rails); and 34 Pa. Code § 21.65 (relating to wood for ladder use).

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.65 Wood for ladder use.

(a) The classification of wood into four groups as set out in § § 21.61—21.64 (relating to group one woods; group two woods; group three woods; and group four woods) is made on the basis of mechanical properties considered from the standpoint of use for ladder construction.

(b) The species of wood set out in § § 21.61, 21.62 and 21.64 (relating to group one woods; group two woods; and group four woods) may be substituted for those in § 21.63 (relating to group three woods) for side rails in the indicated sizes.

This section cited in 34 Pa. Code § 21.21 (relating to wood side rails).

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.66 Sapwood.

The sapwood of all species is particularly nondurable and it is recommended that it not be used under conditions favorable to decay.

This section cited in 34 Pa. Code § 21.21 (relating to wood side rails).

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.67 Durability.

The following species have the most durable heartwood and it is recommended that they be used where resistance to decay is required:

(1) Black locust.

(2) Osage orange.

(3) Port Orford cedar.

(4) Alaska cedar.

(5) Red cypress.

(6) Redwood.

(7) Incense cedar.

(8) Western red cedar.

(9) Chestnut.

This section cited in 34 Pa. Code § 21.21 (relating to wood side rails).

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.68 Density.

The following species meet the density requirements calling for at least 1/3 summerwood, as measured along an average radial line on one of the piece:

(1) Douglas fir (dense).

(2) Southern pine (dense).

This section cited in 34 Pa. Code § 21.21 (relating to wood side rails).

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.69 Names.

The common and scientific names of species described in this chapter conform to the American Lumber Standards nomenclature and in most cases to United States Department of Agriculture miscellaneous circular No. 92 entitled ‘‘Check list of the forest trees of the United States, their names and ranges.’’

This section cited in 34 Pa. Code § 21.21 (relating to wood side rails).

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.70 Strength tests.

The following species are commonly associated with others of the same genus under the American Lumber Standards nomenclature but no strength tests have been made on them at Forest Products Laboratory:

This section cited in 34 Pa. Code § 21.21 (relating to wood side rails).

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.71 Soft maple.

The following is included under soft maple in the American Lumber Standards nomenclature:

This section cited in 34 Pa. Code § 21.21 (relating to wood side rails).

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

34 Pa. Code § 21.72 Pecan species.

The following species are not included under the common name of pecan in the American Lumber Standards nomenclature, but strength data are available and they are accordingly included in this classification:

This section cited in 34 Pa. Code § 21.21 (relating to wood side rails).

History

Authority: The provisions of this Chapter 21 issued under section 15 of the act of May 18, 1937 (P.
Source: The provisions of this Chapter 21 adopted June 14, 1921, amended through March 26, 1969, unless otherwise noted.

Chapter 45 Woodworking and Related Operations

34 Pa. Code § 45.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Guard strip—A rigid bar, fastened to the frame of the machine at the feed point, which will allow the entrance of stock but which will not permit fingers to be drawn into the machine. Point of operation—The point at which cutting, shaping or forming of the stock is accomplished and such shall include other points which may offer a hazard to the operator in inserting or manipulating the stock in the operation of the machine. Push block—A short block of hardwood with both a handle similar to that of a hand plane and a shoulder at the rear end. This block is used for pushing short stock over revolving cutters. Push stick—A narrow strip of wood, with a notch cut into one end, which is used to push short pieces of lumber through saws.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.2 Applicability.

(a) This chapter applies to all logging, sawmill, wood working, veneer and cooperage operations and sets forth rules to safeguard the lives, limbs and health of workers in these operations.

(b) This chapter applies to all installations unless otherwise specified as applying only to new or existing installations.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.2a Interpretation of Federal preemption of State regulations—statement of policy.

(b) Interpretation. For purposes of this chapter, the Department interprets that the Occupational Safety and Health Act (29 U.S.C. Chapter 15), and its corresponding regulations in 29 CFR Chapter XVII (relating to Occupational Safety and Health Administration, Department of Labor), preempt the State regulations in this chapter on private sector woodworking and related operations. However, for public sector woodworking and related operations, or to the extent that Federal regulation does not apply, the State regulation will remain in full force and effect.

The provisions of this § 45.2a added under section 12 of the act of May 18, 1937 (P.L. 654, No. 174) (43 P.S. § 25-12).

The provisions of this § 45.2a added February 27, 2026, effective February 28, 2026, 56 Pa.B. 1139.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.3 Penalty.

Any person who violates this chapter or any regulations of the Department or who interferes with the Department or its duly authorized representative in the enforcement of these provisions or regulations shall be penalized under section 15 of act of May 18, 1937 (P.L. 654, No. 174) (43 P.S. § 25-15).

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.11 Mechanical power transmission and machine layout.

(a) Transmission basements. All mechanical power transmission equipment located in transmission basements shall either be guarded in accordance with Chapter 29, Subchapter B (relating to mechanical power transmission apparatus), or the basement shall be locked when the machinery is in motion and access had only upon application to the superintendent or foreman.

(b) Set screws. All set screws shall be flush or enclosed, regardless of the plan adopted to comply with subsection (a).

(c) Adequate aisle space. Machines shall be located so that each operator has sufficient space in which to handle the material with the least possible interfer-ence with other workmen or machines. Aisles of sufficient width to permit the passing of trucks and workmen without crowding shall be maintained in all working places and stock rooms.

(d) Foundation. All machines, except portable types, shall be firmly secured to a substantial floor or foundation. If practicable heavy duty machines shall be located on the ground floor.

(e) Lighting. Where natural lighting is the main source of illumination, machines shall be arranged so as to conform, as far as possible, to the requirements of Chapter 27 (relating to lighting). All artificial illumination shall comply with the requirements of Chapter 27.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.12 Exhaust systems.

(a) Exhaust system required. Except in sawmills, any establishment containing five or more machines whose operations are attended by the creation of dust, shavings, chips or slivers shall be equipped with an exhaust system, either continuous or automatic in action, of sufficient strength and capacity to enable it to thoroughly remove refuse from the points of operation and immediate vicinities of machines and work places.

(b) Hood requirements. Except in sawmills, any woodworking machine whose operations are attended by the creation of dust, shavings, chips, slivers, and the like, shall be equipped with an exhaust hood or hoods located and adjusted so as to remove the maximum amount of refuse material from the point of operation and immediate vicinity. Multiple boring or multiple mortising machines need not be equipped with hoods. Where a hood is used to form part or all of the guard required on a given machine, it shall be of sufficient material and construction so as to meet fully all the demands of such dual capacity.

(c) Exhaust pipes. All exhaust pipes shall be of a construction and internal dimension as to minimize the possibility of clogging. They shall be readily accessible for cleaning.

(d) Separations. All exhaust pipes shall empty into settling or dust chambers which shall effectively prevent the escape of dust and refuse from reentering the workroom. Such settling or dust chambers shall be of fireproof construction and shall be so designed and operated so as to minimize the danger of dust explosions.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.13 Removal of refuse.

Provision shall be made for the daily removal of refuse from establishments which either produce refuse which cannot be handled by an exhaust system or which are exempt from exhaust system requirements.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.14 Floors.

(a) All floors shall be kept in good repair and shall be free from protruding nails or splinters, holes, unevenness and loose boards.

(b) Floors beneath machines which require hand pressure in a horizontal direction to feed stock to the cutters shall be provided with effective means to prevent the operator from slipping.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.15 Machine control and feed.

(a) Except in sawmills, a mechanical or electrical power control shall be provided at each machine which enables the operator to cut off the power or stop the feed without leaving his position at the point of operation.

(b) If practicable, push sticks shall be provided and shall be used for pushing short or narrow pieces through hand-fed saws. If practicable, push blocks shall be provided and shall be used for pushing short pieces over hand-fed revolving cutters. Push sticks or push blocks shall not be required on power-fed machines or where a succession of short or narrow pieces is being pushed through.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.21 Axes, sledges and wedges.

(a) Ax and sledge handles shall be of sound, dense hickory, ash, maple or material of equivalent strength. A stock of ax handles of assorted lengths shall be readily available for the use of fellers and choppers.

(b) Wedges of steel or hardwood shall be available for fellers and choppers.

(c) Wedges and hammer heads which show burrs extending more than 1/8 inch from the body of the tool shall not be used until they have been dressed either on an abrasive wheel or by forging.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.22 Felling rules.

(a) When a tree is ready to fall, the chopper or sawyer shall give audible warning to men working in the vicinity. This shall be done in every case, whether there is believed to be anyone in the vicinity or not. The chopper or sawyer shall be responsible for insuring that all persons are clear from both the falling tree and any branches broken off by the tree in falling.

(b) Felling crews shall work at a distance from each other or from bucking crews of not less than 125% of the average height of timber being cut.

(c) Choppers and fellers shall be warned to watch for kickbacks of the butt, particularly when felling trees in a high wind.

(d) A felled tree, balanced across a knoll, rock, log, or the like, shall have the light end propped before being cut into saw logs.

(e) All members of woods crews shall be warned to exercise care in the use of fire and especially to extinguish matches, cigarettes, cigar stubs and pipe ashes, before throwing them away.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.23 Hauling teams.

Log wheels, sleds or wagons used for hauling shall be constructed of sound, straight-grained wood and shall show a factor of safety of six, under maximum dead weight loading.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.24 Dry chutes.

(a) The logs used in the chute shall be carefully joined at the ends, and the face of the logs shall be trimmed smooth.

(b) Unless the chute members are embedded in the ground, cross skids shall be provided at intervals not to exceed 16 feet.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.25 Loading equipment.

(a) Cables used in loading shall be of a strength so as to show a factor of safety of at least four, under a load which will stall the engine.

(b) Loading hooks shall be constructed so as to show no appreciable distortion under load.

(c) The pins and fastenings of all sheaves shall have a strength capable of withstanding the force that would be imposed upon them by tension in the loading line equal to its rated breaking strength.

(d) Loading engines shall be provided with friction brakes capable of stalling the engine.

(e) Before starting to load cars, loaders shall examine all car brakes to be sure that they are set and all car stakes and bunks to be sure that they are securely fastened.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.26 Explosives and inflammable materials.

All explosives and inflammable materials shall be stored, transported and used in accordance with regulations issued by the Department.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.31 Machine layout and clearances.

Machinery shall be arranged so that there is ample room to handle the longest stock cut by any machine without interfering with operators of other machines.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.32 Floor openings.

(a) All floor openings, except those located under machines or in the carriage runway, shall comply with Chapter 47, Subchapter G (relating to railings, toeboards, open-sided floors, platforms, and runways). Floor openings used for refuse removal may be provided with wooden covers which shall always be in place when the openings are not in use. The wooden covers may be supported by posts in a raised position above the flood openings they protect.

(b) If located at or about floor level, the troughs in which the working strands of a conveyor operate shall be provided with toeboards 6 inches in height. If the depth of the trough is over 18 inches or the width is over 2 feet, regardless of depth, it shall, in addition, be provided with a standard railing.

(c) When the working strand of a conveyor crosses at or about the floor level in passageways, the trough in which it works shall be bridged the full width of the passageway.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.33 Floors and stairways.

(a) The floors in mills, basements, and other buildings used in connection shall be kept in good repair and, as far as practicable, free from oil, grease and debris.

(b) Stair treads shall be replaced or repaired, when the surface or nosing shows wear to the extent of 40% or more of the tread thickness. The treads shall be fastened rigidly in place and shall have no noticeable unevenness.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.34 Dumping.

(a) When conditions require that an unloading line be attached to logs or cars, or passed under the logs, the equipment shall be such that it is unnecessary for any person to be on the pond side of the cars after either of the end chains or chocks are released.

(b) Unless some form of power unloader is used, a rollway or skid timber shall be provided; the upper end of the rollway or skid shall be not more than 6 inches below the level of the car platform.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.35 Log pond.

(a) The banks of the log pond in the vicinity of the log haul shall be reinforced to prevent caving in and shall be provided with a nonslip surface of cleats, or corrugated or rough abrasive material.

(b) Pike poles used in pond operations shall be equipped with handles of dense ash, hickory, maple, beech or wood of equivalent strength, preferably made from split stock.

(c) Except in the case of artificial ponds five feet or less in depth, each long landing shall be provided with a cork ring-type life preserver with not less than 50 feet of 1/4 inch line attached to it.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.36 Log hauls.

(a) Each log haul shall be lined with sheet iron, or skid rails shall be installed.

(b) Each log haul shall have at least one runway of sufficient width to enable a person to stand clear of logs in the chute. The runway shall be provided, on at least one side, with a standard railing.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.37 Log decks.

(a) Log decks shall be provided with adequate checks or other means to prevent logs from rolling down the deck on to the carriage or its runway, unless under control.

(b) Connecting pins for deck kickers shall be made of steel and shall be secured with cotter pins or lock nuts.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.38 Niggers.

All niggers shall operate in metal guides.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.39 Carriages.

(a) Antislip protection. The stand of the log setters shall be provided with a nonslip surface of cleats or corrugated or rough abrasive material.

(b) Control lock. Means shall be provided for securely locking the carriage control lever of the sawyer when not in use, except in the ease of portable sawmills which have springs to bring the lever to neutral position.

(c) Emergency stop valve. If a twin or other steam engine is used exclusively for driving the carriage, a stop valve shall be placed in the main steam pipe as close to the engine as conditions permit. This valve shall be of a quick-closing type and so weighted, or otherwise actuated, that it closes automatically when released by the sawyer. Means of releasing the valve shall be provided within easy reach and control of the sawyer.

(d) Steam-operated niggers. Where a log deck is equipped with a steam-operated nigger which turns the log upward and toward the knees, the latter shall be equipped with goosenecks or extension heads.

(e) Sheave guards. If the carriage is rope driven, the sheaves shall be guarded with a box of heavy timber beveled down to the floor, except in the case of portable mills. Sheaves of cables operating rope-fed set works shall also be guarded in a similar manner.

(f) Buffer. There shall be provided in each end of the carriage run at least one substantial buffer stop capable of bringing the carriage to a full stop from its maximum speed without dangerous retardation. This requirement shall not apply to portable mills, if a clearance equal to the length of the carriage is maintained between the end of the carriage run and the nearest fixed object in line with the carriage run.

(g) Carriage run. A standard railing shall be provided opposite any door which opens into a passageway at the rear or side of a saw carriage. The railing shall be at least 18 inches from the rear of the carriage. A warning sign shall be posted on the inside of the door.

(h) Wheel guards. Substantial guards of metal or hardwood shall be provided in front of each wheel; the guards shall extend to within 1/4 inch of the rails.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.40 Band mill.

(a) Saw catcher. Each band shall be provided with a saw catcher or rest of substantial construction.

(b) Enclosure. All portions of band mills shall be completely enclosed in accordance with specifications of this subchapter except the working portion of the saw blade.

(c) Cracks in saw. Any band saw found to have a crack whose depth is greater than 1/2 inch for each 6 inches of width of the saw shall be discontinued from service and discarded, unless the width is subsequently reduced so as to eliminate the crack, or unless the cracked section is replaced.

(d) Wheel inspections. All band mill wheels shall be inspected at least once a month. All hubs, spokes, rims, bolts and rivets shall be hammer tested and thoroughly examined.

(e) Wheel cracks. No band mill wheel having a crack on the rim or spoke shall be retained in service.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.41 Circular mill.

(a) Double circular mill. This type of mill shall be as follows:

(1) The upper saw of each double circular mill shall be provided with a hood or guard.

(2) On all double circular mills, the horizontal distance from the side of the saw to the nearest post of the husk or frame shall be at least 1 inch greater than the clear vertical distance between the collars of the top and bottom saws.

(3) Either a screen of wire cloth, or other suitable device, shall be installed on double circular saw mills to protect the sawyer from flying particles, or the sawyer shall be provided with a fine mesh wire face mask.

(b) Single circular saw. The saw of each single circular mill shall be provided with a hood or guard, if the logs are cut with the bottom half of the saw.

(c) Safety guides. All circular saw mills shall be equipped with safety guides which may be adjusted without the use of a wrench or other handtool.

(d) Spreader. All circular saw mills shall be equipped with an effective spreader (splitter). In the case of circular sawmills used for edging lumber, this spreader (splitter) shall be solid and stationary and shall extend at least 20 inches above the head blocks.

(e) Speed limit. Brackets or edging supports shall be provided between the saw and the side of the husk.

(f) Rock saw. The peripheral speed of circular head saws shall not exceed 10,000 feet per minute.

(g) Saw cracks. No circular mill saw shall be used when it is found to have developed a crack, the depth of which exceeds that indicated in the following table:

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.42 Rock saw.

(a) Where rock saws are provided, the upper portion of the saw shall be guarded.

(b) Unless clearly impracticable, each rock saw shall be provided with an exhaust hood.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.43 Stand of sawyer.

(a) Shield. The stand of the sawyer shall be protected by a shield at least four feet in height, consisting of iron or steel not less than 1/4 inch thick, or planks 2 inches or more in thickness, or a concrete wall 8 inches or more in thickness.

(b) Emergency stop. Means shall be provided on portable mills so that the sawyer may, in emergency, stop the mill without leaving his stand.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.44 Live rolls.

Spiked live rolls shall not be used except in log conveyors.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.45 Edger.

(a) Housing or screen. All saws shall be guarded by a housing of wire mesh not less than No. 8 U.S. gauge, or wood not less than 1 1/2 inches in thickness, or by a screen hung between the saws and the operator. The screen shall be 2-inch-planking or wire not less than No. 12 U. S. gauge with a mesh such that a ball 1/2 inch in diameter will not pass.

(b) Feed rolls. Unless the feed rolls are made in independent sections of not over 6 inches in length or are hung so as to form a toggle, or are equipped with approved safety rolls, finger guards or dog guards shall be provided in addition to the feed rolls.

(c) Pressure feed roll. If the first pressure feed roll is located within 30 inches of the front of the edger, guard bars or strips shall be provided in front of the roll.

(d) End frames. Unless otherwise protected, openings in the end frames of each edger shall be enclosed with sheet metal, wood or wire mesh, the enclosure to be hinged or other provision made to permit oiling and inspection.

(e) Spreader. Bench or single saw edgers shall be equipped with a spreader (splitter) and a saw guard.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.46 Gang saws.

If the operator stands within 30 inches of the feed rolls, a guard strip of metal shall be provided in front of the rolls; the guard shall be attached to the roller frame.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.47 Resaws.

(a) Band and circular resaws shall be guarded in accordance with the specifications covering band and circular mills.

(b) If the operator stands within 30 inches of the feed rolls, the rolls shall be provided with guard strips fastened to the roll carriers.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.48 Trim saws.

(a) Pneumatic overhead trim saws and undercutting trim saws shall be guarded with a barricade of planking two inches or more in thickness bolted to 4 by 4 inch posts. The barricade may either be suspended from the roof by chains or cables, or may be bolted to the frame of the machine. This guard shall be placed not more than 12 inches from the trim table, unless large timber requires a greater distance.

(b) A barricade, similar in construction to that required in subsection (a), shall be provided in the rear of each overhead trim saw. The guard shall be constructed so as to afford complete protection to anyone working or passing the trimmer.

(d) In front of each overhead trim saw, not less than 24 inches from the front edge of the saw and not more than 12 inches above the trim table, there shall be installed a bar or rod connected with the driving mechanism of the conveyor so that the striking of the bar or rod by any body of material automatically stops the conveyor and prevents the passage of the body into the saws. A rope which may be reached by a man going into the saws shall be accepted, in leiu of a bar or rod, if a clearance of more than 12 inches is desired.

This section cited in 34 Pa. Code § 45.51 (relating to slasher).

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.49 Jump or bed trimmers.

(a) A substantial guard of two-inch-planking or heavy wire mesh shall be placed in front of the saws.

(b) The under part of the saw table shall be enclosed, with suitable hinged doors provided to give access to various parts for lubrication and adjustment. A screen in front shall also be accepted.

(c) When jump saws are operated by one or more foot treadles, a safety block shall be placed under the treadle or treadles while repairs or adjustments are being made. If the saws are controlled by hand levers, a yoke shall be provided to lock all levers when repairs or adjustments are being made.

(d) An iron stirrup shall be fastened to the floor, over the treadle, leaving just sufficient room for the operator to insert his foot above the treadle.

(e) All end saws shall be fenced off or otherwise guarded from contact.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.50 Swing cutoff saw.

All swing cutoff saws in sawmills shall have the upper portion of the disk enclosed in a rigid guard which shall extend down to a plane level with the lowest edge of the collar.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.51 Slasher.

All slashers shall be guarded in the manner specified in § 45.48 (relating to trim saws).

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.52 Transfer table.

The vertical face of all transfer tables shall be guarded with sheet metal, heavy mesh or wood housing, unless protected by live roll tables or machine frame, or unless provided with buffers in the roll case.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.53 Conveyors.

(a) Conveyors for slashers. The conveyor taking material to the slasher saws shall be equipped with a clutch, tight and loose pulley, or other automatic power-disconnecting device. Means shall be provided for operating this device from the platform of the sorter.

(b) Chain hauls. In case of chain hauls, the return run of the chain in the basement shall be supported over passageways so that, in the event of breaking, it does not fall on anyone.

(c) Return run. If the return run of conveyors operates within seven feet of the floor, there shall be provided a shallow trough of sufficient strength to carry the weight resulting from a broken chain. If over 7 feet from the floor, a means shall be provided to catch and support the ends of the chains, in the event of a break over passageways or runways.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.54 Hog mills.

The chute feeding the hog mill shall be inclined, or a baffle shall be provided, to prevent material from being thrown from the mill.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.55 Stove wood saws.

A substantial barrier of wood not less than 1 1/2 inches in thickness, or sheet iron not less than 1/8 inch in thickness, shall be provided over the saws. This guard shall come within 6 inches of the saw table. A baffle, constructed of 2-inch-hardwood, shall be accepted in lieu of the guard if more than 6 inches clearance is required.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.56 Lath machines.

(a) Each lath machine shall be provided with a device to prevent kickbacks.

(b) If the operator stands within 30 inches of the feed rolls, a guard strip of metal shall be provided in front of the rolls; such guard shall be attached to the roller frame.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.57 Lath bundle trimmers.

The saws on the lath trimmer shall be guarded on the ends, top and rear with a substantial housing of wood or metal.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.58 Shingle mills.

(a) The front or cutting face of knife-type shingle jointers shall be completely enclosed, with the exception of a narrow slot through which the shingles may be fed against the knives.

(b) The saw used in shingle mills shall be guarded with a hardwood or heavy metal strip. If practicable, the saw shall be completely enclosed, except the operating edge.

(d) Shingle clip saws shall be entirely enclosed, except for the operating edge.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.59 Heavy bolters.

Each heavy bolter shall be equipped with a stationary spreader (splitter). The saw shall be guarded on the top with a hardwood or metal strip. When the bolter is equipped with a short travel carriage, the bolter shall meet the requirements for the circular mill.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.60 Rossers.

(a) The rotating heads on rossers shall be entirely enclosed, except for the operating face.

(b) A suspended guard of expanded metal or wire mesh, such that a ball 1/4 inch in diameter will not pass, shall be hung in front of each rosser head.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.61 Green planers.

All planer heads shall be entirely enclosed, except for a space large enough to permit the insertion of stock.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.62 Sawfiling machinery.

(a) Grinding wheel hoods. All grinding wheels shall be guarded in accordance with regulations for polishing and grinding machinery issued by the Department.

(b) Goggles. All filing room employes shall be provided with and required to use goggles in accordance with Chapter 39, Subchapter C (relating to head and eye protection), or approved eye shields shall be attached to grinding or filing machines.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.71 Kiln design and layout.

(a) Grades. Grades within the kiln that permit loaded cars to attain a momentum of 150 feet per minute is prohibited. In no case shall the grade exceed 15 inches per 100 horizontal feet.

(b) Door fastenings. All doors shall be provided with a method of keeping them open while the kiln is being loaded. Counterweighted vertical-lifting doors shall be prohibited, unless all counterweight cables are fire-resistant and the counterweights are boxed or guided.

(c) Operating pits. Where operating pits are provided, they shall be ventilated, drained, and lighted. They shall not be less than 6 feet in depth and 3 feet in width. All valves, dampers, damper rods, traps and other operating devices shall be located in the operating pit. The roof of this pit, including ventilating openings and manholes, shall be constructed so as to prevent injury to the operator; it shall be provided with gratings, doors, and guards. It shall not be necessary to enter the kiln proper for any operating regulation.

(d) Steam line insulation. All steam mains, located in or adjacent to this operating pit, shall be covered with asbestos or other heat-insulating material.

(e) Ventilation. When the kiln doors are protected by a roof or a building used for loading, unloading, or storage, suitable ventilating windows or other openings, shall be provided directly above the doors to allow escape of steam and moisture.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.72 Exits.

All double-end kilns shall be provided with at least one exit door at each end. This door shall be easily opened from inside the kiln and shall be not less than 4 feet in height. This door shall not be required on chain-controlled vertical-rolling steel doors, or canvas rolling doors, or any other type of door which may be operated from inside the kiln by one person.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.73 Ladders.

When it is necessary to go on the roof to operate ventilators or other equipment, a permanent ladder, attached rigidly to the kiln wall at the rear or side, shall be provided for each kiln to permit easy and safe access to the roof. The ladder shall be constructed in accordance with Chapter 21 (relating to ladders).

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.74 Operating rules.

(a) Chocks. Each kiln shall be provided with chocks 2 by 4 inches by 1 foot longer than rail gauge. Holding trucks by patten clamp stops or by wrapping and locking a chain around the rail shall also be accepted. If openings between lumber trucks standing on kiln tracks are used as thoroughfares, the cars on the upgrade shall be well chocked.

(b) Operators. Operators shall be warned against inhaling air from a kiln in operation.

(c) Blocking loose doors. If doors become disengaged from carriers and hangers, they shall be blocked up to prevent falling. Rehanging shall be accomplished as soon as possible.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.81 Circular saws.

(a) Gang ripper. Each circular gang ripper shall have the saws enclosed by an approved hood, substantially secured to the framework of the machine. Such hood shall conform, as far as possible, to the requirements specified for circular ripsaw hoods.

(b) Spreader. Each circular ripsaw, except those provided with a roller or wheel back of the saw, shall be provided with a spreader.

(c) Kickback device. Each circular ripsaw, except those provided with a roller or wheel back of the saw, shall be provided with an approved kickback device to prevent material from being thrown back on the operator. A kickback device is not required on saws where the stock is drawn back over the table after a cut, or where the riding of the kickback device may mar a finished surface.

(d) Circular resaws. Each circular resaw shall be guarded by an approved hood or shield of metal above the saw. The hood or shield shall be designed so as to guard against danger from flying splinters or broken saw teeth. Each circular resaw, except self-feed saws with a roller or wheel at the back of the saw, shall be provided with a spreader.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.82 Exceptions and special applications.

(a) Miscellaneous operations. Circular table saws used for rabbetting, plowing, grooving and dado operations exclusively shall not be required to have spreaders attached. All saws used for these operations, except the self-feed variety, shall be guarded by hoods in accordance with § 45.125 (relating to circular crosscut saws). Guards supported from the top or side shall be accepted on saws of this character.

(b) Combination saws. Combination rip and crosscut table saws (revolving double arbor saws) shall be fully guarded in accordance with § 45.125 or § 45.126 (relating to circular crosscut saws; and circular ripsaws), except that a guard supported from the top or side shall be accepted. Nothing in this provision shall be construed to permit the operation of the ripsaw without a spreader, except when actually performing rabbetting, plowing, grooving, or dado operations. On completion of such operations, the spreader shall be immediately replaced. Single disk combination rip and crosscut saws shall be guarded in accordance with § 45.126.

(c) Tilting table saws. Tilting table saws shall be guarded in accordance with § 45.125 or § 45.126, except that guards supported from the top and side shall be accepted on ripsaws used occasionally for rabbetting, plowing, grooving, or dado operations. Nothing in this subsection shall be construed to permit the omission of the spreader, except when actually performing rabbetting, plowing, grooving or dado operations. On completion of such operations, the spreader shall be immediately replaced. Tilting table combination laws shall be guarded in accordance with subsection (b).

(d) Cutoff saws. Traveling cutoff table saws shall have the hood supported from the saw carriage. Single cutoff table saws and double or multiple cutoff table saws in fixed position shall be guarded in accordance with § 45.125. Hoods supported from the top shall be accepted. Traveling double or multiple cutoff table saws shall have the hood supported from the saw carriages. Both single and double or multiple cutoff table saws shall not be required to have automatic hoods, if carriage feed or some adaption of the carriage feed principle is used, if each saw is equipped with a hood, secured to the carriage, which completely covers the saw when not in use and when the carriage is in the loading position, or if the entire machine is fenced in at back and sides to a height level with the tops of the saws. Form feed shall be construed as an adaption of the carriage feed principle.

(e) Swing cutoff saws. Swing cutoff saws shall be provided with the following devices:

(1) Each swing cutoff saw shall be provided with an approved rigid metal hood arranged so that the part of the saw above the table shall be covered down to a plane level with the lowest edge of the collar. This hood shall be constructed so as to afford the operator a view of the cutting edge of the saw at the point of contact with the stock. The hood shall be designed so as to protect the operator from flying splinters and broken saw teeth.

(2) Each swing cutoff saw shall be provided with an effective device to return the saw automatically to the back of the table when released at any point of its travel. The device shall not depend for its proper functioning upon any rope, cord or spring.

(3) Each swing cutoff saw shall be provided with limit chains or other positive stops to prevent the saw from swinging beyond the front and back edges of the table.

(4) A latch may be provided to catch and retain the saw at the rear of the table, but nothing in this subsection shall be construed to render the latch the sole means of retaining the saw at the rear of the table.

(f) Inverted swing cutoff saws. Inverted swing cutoff saw or jump saw shall be guarded by an approved fixed hood, extending over the complete line of travel of the saw, not more than three inches above the top of the largest saw used on the machine. The hood shall be supported at the rear. In lieu of a hood, an automatic guard secured to the frame or arbor and operated by the travel of the saw shall be accepted.

(g) Rear and under guarding. The portion of all circular saws which is beneath and behind the saw table shall be effectively guarded by the exhaust hood or some other device.

This section cited in 34 Pa. Code § 45.111 (relating to saws).

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.83 Speed of circular saws.

The following table sets forth the recommended and maximum speed in revolutions per minute for various sizes of circular saws working in soft wood. The maximum allowable speed, given in the third column of the table, shall not be exceeded, except in the case of saws, directly coupled to motors, which have been properly tensioned by the manufacturer to operate safely at a higher speed. The saws shall be marked by the manufacturer with the maximum revolutions per minute for which they are tensioned.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.84 Spreader.

Unless specifically excepted, all ripsaws shall be provided with a spreader constructed of saw steel. The spreader shall be fastened securely at the rear of the saw in true alignment with the saw blade. The spreader shall be slightly thinner than the saw kerf and slightly thicker than the saw disk.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.85 Feed rolls.

(a) All feed rolls shall be completely enclosed by a guard constructed of heavy material, preferably metal, adjustable to the size of stock being cut and firmly secured to the frame of the machine.

(b) Sectional feed rolls, on which more than one piece of stock is fed at one time, shall be provided for planers. If solid feed rolls are used on planers, matchers or moulders, a sectional finger device shall be used to prevent kickbacks.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.86 Counterweights.

When a counterweight is used in connection with a swing cutoff saw or other machine, one of the following or equivalent means shall be used to prevent the counterweight from dropping:

(1) The counterweight shall be bolted to the bar by means of a bolt passing through both bar and counterweight.

(2) A bolt shall be put through the extreme end of the counterweight bar.

(3) If the counterweight does not encircle the bar, a safety chain shall be attached to it. All bolts supporting the bar and weight shall be supplied with cotter pins and the ends turned over. All suspended counterweights shall be suspended only by a chain or wire cable of sufficient strength. Wherever they might fall and cause injury, suspended counterweights shall travel in a pipe or other suitable enclosure.

This section cited in 34 Pa. Code § 45.90 (relating to boring and mortising machines); 34 Pa. Code § 45.111 (relating to saws); and 34 Pa. Code § 45.114 (relating to stave croziers).

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.87 Band saws and band resaws.

All portions of the saw blade shall be enclosed or guarded, except the working side of the blade between the guide and the table. The guard shall be self-adjusting. Band saw wheels shall be completely encased. Each gang ripper of band or straight saw type shall have the cutting edges of the saws guarded by a hood or screen; the guard shall be substantially secured to the framework of the machine.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.88 Jointers or buzz planers.

(a) Hand-feed jointers or buzz planers with horizontal head shall have an approved automatic guard over the cutting head both in front of and in back of the guide.

(b) A jointer or buzz planer with a horizontal head shall be equipped with a cylindrical cutting head, the throat of which shall not exceed 3/8 inch in depth or 1/2 inch in width.

(c) A jointer or buzz planer with a vertical head shall be guarded by an exhaust hood, or other approved device, which shall completely enclose the revolving head, except for a slot sufficiently wide to permit the application of material.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.89 Tenoning machines.

(a) Guards. Tenoning machines shall have all cutting heads, saws, if used, and all exposed moving parts carefully guarded. In the case of cutting heads and saws, the guard shall be solid metal.

(b) Single end hand-feed tenoners. Single end hand-feed tenoners shall have a piece of sheet iron placed so that the hands of the operator do not slip off the lever handle into the tool. The guard shall be fastened to the lever.

(c) Double end tenoners. Feed chains and sprockets of all double end tenoning machines shall be completely enclosed, except that portion of chain used for conveying stock. At rear ends of frames, over which the feed conveyors run, sprockets and chains shall be guarded at the sides by plates projecting beyond the periphery of sprockets and ends of lugs. The rear end of the frame, over which the feed conveyors run, shall be extended so that the material may be guided to a point within easy reach of the person removing stock at the rear of the tenoner.

(d) Spoke tenoners. All spoke tenoners shall be adequately guarded to prevent hazard from falling ends of spokes.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.90 Boring and mortising machines.

(a) Either bit chucks with no projecting set screws shall be used, or all projecting set screws shall be covered.

(b) If a counterweight is used, it shall be secured in accordance with § 45.86 (relating to counterweights).

(d) An iron stirrup shall be fastened to the floor, over the treadle, leaving only sufficient room for the foot of the operator between the treadle and the stirrup and extending beyond the side edges of the treadle.

(e) All pneumatic wood boring machines shall be guarded in accordance with Chapter 43, Subchapter B (relating to compressed air apparatus).

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.91 Wood shapers.

(a) The cutting head of each wood shaper, hand-feed panel raiser, or other similar machine not automatically fed, shall be guarded with a cage or pulley guard of other approved device, designed so as to keep the hands of the operator away from the cutting edge. In no case shall a warning device of leather or other material attached to the spindle be acceptable. Cylindrical heads shall be used, if the nature of the work permits. The diameter of circular shaper guards shall be not less than the greatest diameter of the cutter. Guards shall not be required on operations involving form feed.

(b) All double spindle shapers shall either be provided with a spindle starting and stopping device for each spindle, or provision shall be made to insure that only one spindle shall operate at any one time.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.92 Planing, molding, sticking, and matching machines.

Planing, molding, sticking and matching machines shall have all cutting heads, and saws if used, covered by an approved solid metal guard.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.93 Profile, swing-head and back-knife lathes.

Profile, swing-head and back-knife lathes shall have all cutting heads covered by a solid metal guard.

This section cited in 34 Pa. Code § 45.117 (relating to pail and barrel lathes).

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.94 Sanding machines.

(a) Drum sanding machines. Drum sanding machines shall have a guard arranged so as to completely enclose the revolving drum, except the portion required for the application of the material to be finished. Guards with hinges to facilitate the insertion of sandpaper shall be accepted. The exhaust hood may form part or all of this guard. When so used, the hood shall be of sufficient strength to effectively serve the purpose of a guard.

(b) Disc sanding machines. Disc sanding machines shall be guarded so as to completely enclose the revolving disc, except the portion of the working side as may be necessary for the application of material to be finished. If a table is used, the working side of the disc, below the table, shall be guarded.

(c) Belt sanding machines. Belt sanding machines shall have both pulleys enclosed to guard points where the belt runs on to the pulleys. The edges of the unused run of belt shall be enclosed.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.101 Steam vats and soaking pits.

(a) Walkways. Large steam vats and soaking pits, divided into sections, shall be provided with substantial walkways between each section. Each walkway shall be provided with standard railings, removable if necessary. If the size of stock permits, vat sections shall be restricted to a length of 8 feet or less.

(b) Ventilation. Steaming vats and soaking pits shall be located in buildings or special sheds equipped with ventilating systems which provide the following conditions:

(1) During the months of November, December, January, February, March, April and May of each year, the temperature shall be maintained between 40° F and 95° F. During this period, when the weather is clear and the outside temperature is 40°F or more, the building or shed shall be kept free from steam to a height of 6 feet from the floor. The ventilating system employed to clear steam shall be maintained in operation during less favorable weather conditions.

(2) During the months of June, July, August, September and October of each year, the building or shed shall be kept free from steam to a height of 6 feet from the floor. The systems which are used to produce these conditions may consist of ventilating fans, heating coils, hoods with flues attached over vats and pits, introduction of hot air or other natural ventilating devices.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.102 Log handling equipment.

(a) Log trolleys or cranes shall be used, unless the stock is small enough to be handled by one man without assistance.

(b) All gears, sprockets and other dangerous parts shall be enclosed with standard guards in accordance with the requirements of Chapter 29 (relating to mechanical apparatus—miscellaneous).

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.103 Drag saws.

Drag saws shall be located so as to provide at least 4 feet clearance for passage when the saw is at the extreme end of its stroke. If such clearance is not obtainable, the saw and its driving mechanism shall be enclosed by a standard railing.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.104 Veneer cutters and wringers.

(a) Cutters and slicers. Veneer slicers and rotary veneer cutters shall have all revolving and other moving knives guarded.

(b) Veneer clippers. Each veneer clipper shall have either automatic feed or shall be provided with a guard which will make it impossible to place any portion of the hand under the knife while feeding stock. If practicable, the guard shall be the vertical finger type. All sprockets on clain or slat belt conveyors shall be enclosed. Each veneer clipper shall be equipped with conveyors or traveling tables to remove stock when clipped. If such tables or conveyors are not installed, the rear of each clipper shall be guarded either by a screen, or vertical finger guard which shall make it impossible for any portion of the hand to be placed under the knife while removing clipped stock.

(c) Veneer wringers. The entry side of each veneer wringer shall be enclosed, so as to provide sufficient space to insert stock but not enough to permit any portion of the hand to enter the rolls.

(d) Operating levers and treadles. Operating levers and treadles on all veneer machinery shall be located and protected so that they cannot be shifted or tripped accidentally. They shall be constructed so as to require the simultaneous independent operation of two levers or other tripping devices.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.111 Saws.

(a) Heading bolters. Heading bolters shall enclose the saw. Log carriers shall be provided with a device which return the carrier automatically, when released at any point in its travel, to a position in front of the saw. The device shall not depend for its proper functioning on any rope, cord, or spring. If a counterweight is used, it shall be secured in accordance with § 45.86 (relating to counterweights). A limit chain or other positive stop shall be provided to prevent the carrier from swinging too far back.

(b) Swing cutoff saws. All swing cutoff saws shall be guarded in accordance with § 45.82(e) (relating to exceptions and special applications).

(c) Equalizers. The saws shall be encased by bolt, stave, and heading equalizers, except that portion immediately adjacent to the feeding device.

(d) Barrel stave saws. On barrel stave saws, the saw and the revolving part to which the saw blade is bolted shall be enclosed, except for that part of the saw immediately adjacent to the feeding device.

(e) Heading saws and the like. On heading saws, variable-feed ripsaws, flat stave saws, head rounders, and the like, the saws shall be enclosed. If a sprocket feed device is used, it shall be enclosed to prevent the fingers of the operator from getting between the feed sprocket and the stock. All counterweights used to actuate feed devices shall operate in a stationary casing.

(f) Saw guard provisions. In so far as the nature of the equipment and the operation performed will permit, all enclosures for saws necessitated by this section shall conform to the specifications for saw guards in this chapter.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.112 Stave and heading planers.

(a) All cutting heads and knives of single and double planers shall be effectively guarded. The exhaust hood may form part or all of the guard.

(b) All feed rolls shall be completely enclosed, except such portions as may be necessary to admit the stock. Sectional feed rolls shall be provided, if practicable. When solid feed rolls are used, a sectional finger device shall be used to prevent kickbacks.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.113 Stave and heading jointers.

(a) Each stave or heading jointer shall have the head guarded completely by the exhaust hood or other approved device, except that portion where the stock is applied.

(b) Footpower stave jointing machines shall have the knife effectively guarded to prevent the fingers of the operator from coming in contact.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.114 Stave croziers.

(a) Each stave crozier shall have the head guarded completely by the exhaust hood or other approved device except that portion which actually embeds itself in the stock.

(b) Each stave crozier shall have all feed chains and sprockets completely enclosed.

(c) If a counterweight is used, it shall be secured in accordance with the requirements of § 45.86 (relating to counterweights).

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.115 Barrel sanders.

All sanding equipment shall be guarded in accordance with this chapter.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.116 Power windlass.

All counterweights used in connection with a power windlass shall operate in stationary casings. Control levers shall be located within easy reach of the operator, when standing in the usual operating position.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.117 Pail and barrel lathes.

The provisions of § 45.93 (relating to profile, swing-head and back-knife lathes) shall govern the guarding of pail and barrel lathes.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.118 Machine layout and clearances in sawmills.

(a) Either clear thoroughfare shall be provided on the side of the mill from the headsaws to the tramway, or an overhead runway equipped with standard handrails and toeboards. A horizontal clearance of at least three feet shall be allowed between any fixed object not required in the mill and any part of the traveling mechanism.

(b) If persons are required to cross the live rolls, a bridge shall be provided over the rolls. The bridge shall be equipped with standard handrails and toeboards.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.119 Log haul.

The log haul shall be constructed so as to show a factor of safety of ten when loaded with the heaviest log handled.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.120 Carriage.

(a) Construction. The saw carrier shall be iron, steel, or heavy timber. If timber is used, it shall be mortised or dovetailed and through-bolted. The entire running board shall be decked.

(b) Clearance.

(1) The rear edge of the carriage shall be at least 18 inches from the wall or wall timbers, if there is no passageway between them. If there is a passageway, at least 36 inches between the rear edge of the carriage and the wall or wall timbers shall be provided.

(2) No roof trusses or timbers shall be located within 6 feet 6 inches of the upper surface of the platform of the log setter on any carriage.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.121 Band mills.

(a) All band saw wheels shall have a minimum rim thickness of 5/8 inch, except the portion within 1 inch from the front edge.

(b) Unless the provisions of subsections (c)—(e) are met, no band mill shall be run at a speed in excess of that indicated in the following table:

(d) Band mills shall be cast so as to be as free as possible from shrinkage strain and shall be balanced statically, as well as dynamically when running at rated speed.

(e) The intended maximum speed of band mills shall be stamped in figures not less than 1/4 inch in height on a brass plate securely fastened to the frame of the machine so as to be easily legible from the stand of the sawyer.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.122 Live rolls.

The space between live rolls shall be entirely filled either with planking 2 inches or more in thickness if of hemlock, or 1 1/2 inches if of hardwood, or with metal sheets or plates so supported that they are not displaced visibly by a load of 150 pounds applied at any point. If bolts are used to fasten the planks, the heads should be set in countersunk holes. Sheet metal or plates should not be less than 1/4 inch in thickness.

This section cited in 34 Pa. Code § 45.143 (relating to live rolls).

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.123 Lath bolters and machines.

A hood of sheet metal not less than 1/8 inch in thickness, or cast iron not less than 3/16 inch in thickness, shall be provided over the saws of each lath bolter and lath mill machine. This hood shall be hinged so that it may be turned back to permit changing the saws.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.124 Dry kilns.

(a) A walkway of open or lattice construction (not to impede circulation) shall be provided on at least one side or in the center of end-piling kilns and on two sides of cross-piling kilns. Walkways may be omitted from box kilns or kilns open at one end only. This walkway may be made of iron pipes one inch or more in diameter, resting on steel cross-beams or perforated or expanded metal (at least 50% open). Two by four inch timbers on edge, spaced 2 inches apart, may be used if necessary. Metal construction is preferable.

(b) Tracks in the kiln shall be located so as to afford a clearance of at least 18 inches between a loaded car and the wall of the kiln where walkways are provided.

This section cited in 34 Pa. Code § 45.82 (relating to exceptions and special applications) and 34 Pa. Code § 45.146 (relating to hoods for woodworking machinery).

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.125 Circular crosscut saws.

Each circular crosscut table saw shall be guarded by an approved hood which shall cover the saw at all times at least to the depth of the teeth. The hood shall adjust itself automatically to the thickness of, and shall remain in contact with, the material being cut, unless finished surfaces of stock may be marred by contact with the guard, in which case the guard may be raised slightly to avoid contact. The hood shall be designed so as to protect the operator from flying splinters and broken saw teeth.

This section cited in 34 Pa. Code § 45.82 (relating to exceptions and special applications); and 34 Pa. Code § 45.146 (relating to hoods for woodworking machinery).

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.126 Circular ripsaws.

Each circular ripsaw shall be guarded by an approved hood which shall cover the saw at all times at least to the depth of the teeth. This hood shall be attached to a spreader fastened at the rear of the saw. The hood, except for self-feed ripsaws, shall adjust itself automatically to the thickness of, and shall remain in contact with, the material being cut, unless finished surfaces of stock may be marred by contact with the guard, in which case the guard may be raised slightly to avoid contact. The hood shall be designed to protect the operator from flying splinters and broken saw teeth. The hood for self-fed ripsaws shall be supported from the machine frame but need not rest upon the table nor upon the material being cut. Hoods for self-feed ripsaws shall extend not more than 1/2 inch above a plane passing through the bottom of the feed rolls.

This section cited in 34 Pa. Code § 45.82 (relating to exceptions and special applications); and 34 Pa. Code § 45.146 (relating to hoods for woodworking machinery).

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.127 Speed of band saw wheels.

No band saw wheel shall be run at a speed in excess of that which allows a factor of safety of ten in all parts of the wheel. The frame of each machine shall be marked by the manufacturer in letters, not less than 1/4 inch in height, showing this maximum allowable speed. Band saw wheels shall be designed, manufactured and mounted so that they run true at the maximum allowable speed, without excessive vibration.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.128 Tenoning machines.

If sheet metal is used for guards on cutting heads, saws and exposed moving parts, it shall be not less than 1/8 inch (approximately 11 gauge) in thickness. If cast metal guards are used, the thickness shall be not less than 3/16 inch for cast iron and 5/8 inch for aluminum. The hood of the exhaust system may form part or all of the guard. When so used, the hood shall be constructed of metal of a thickness not less than that specified in this section.

This section cited in 34 Pa. Code § 45.147 (relating to tenoning machines).

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.129 Guarding devices for cutting heads.

(a) Subsection (b) applies to cutting head guards used on planing, molding, sticking, and matching machines and profile, swing-head and back-knife lathes.

(b) If such guard is constructed of sheet metal, the material used shall be not less than 1/8 inch, or approximately No. 11 gauge, in thickness. If cast metal is used, the thickness shall be not less than 3/16 inch for cast iron and 5/8 inch for aluminum. The hood of the exhaust system may form part or all of the guard. When so used, the hood shall be constructed of metal of a thickness not less than the above specifications.

This section cited in 34 Pa. Code § 45.148 (relating to guarding devices for cutting heads).

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.130 Veneer machinery.

The sides of all steam vats and soaking pits shall extend to a height not less than 36 inches above the floor, working platform or ground level.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.141 Bridge provisions in saw mills.

Steps leading up and down from the live roll tables shall be accepted in existing installations.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.142 Carriage clearances.

If truss knees come within 6 1/2 feet of the carriage platform, the space between the knees shall be boarded over for at least the length of the carriage travel and to a height of 6 1/2 feet. If clearance between the rear of the carriage and frame timbers is less than 18 inches, the frame timbers shall be boarded flush.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.143 Live rolls.

As repairs and changes are made, existing installations shall comply with § 45.122 (relating to live rolls).

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.144 Lath bolters and machines.

Existing installations with wood guards shall be accepted.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.145 Clearances in dry kilns.

In existing kiln installations, the tracks shall be located so as to afford a clearance of at least 18 inches between a loaded car and the wall of the kiln where walkways are provided.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.146 Hoods for woodworking machinery.

If, in the judgement of the Department, existing circular crosscut or circular ripsaw installations are not affording protection, either from faulty design or lack of use, they shall be replaced with guards as required in § § 45.125 and 45.126 (relating to circular crosscut saws; circular ripsaws); repair or replacement of existing installations shall be in accordance with such sections.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.147 Tenoning machines.

If, in the judgement of the Department, existing tenoning machine installations are not affording protection, either from lack of use or faulty design, or other cause, they shall be replaced with guards as required in § 45.128 (relating to tenoning machines); repair or replacement of existing installations shall be in accordance with that section.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.148 Guarding devices for cutting heads.

(a) Subsection (b) applies to planing, molding, sticking and matching machines and profile, swing-head and back-knife lathes.

(b) If, in the judgement of the Department, existing installations are not affording protection, either from lack of use, faulty design or other cause, they shall be replaced with guards as required in § 45.129 (relating to guarding devices for cutting heads); repair or replacement of existing installations shall be in accordance with that section.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

34 Pa. Code § 45.149 Veneer machinery.

(a) Existing installations which do not meet the requirements of subsection (b) shall have steam vats and soaking pits provided with solid covers. In addition, the floor around each pit or vat shall be of nonslip construction with a cleated, corrugated, or rough abrasive surface which retains its nonslip characteristics under all conditions of moisture.

(b) The sides of all steam vats and soaking pits shall extend to a height not less than 36 inches above the floor, working platform or ground level.

History

Authority: The provisions of this Chapter 45 issued under the act of June 2, 1913 (P.
Source: The provisions of this Chapter 45 adopted December 15, 1964; amended through August 1, 1968, unless otherwise noted.

Chapter 49 Administration—Buildings

34 Pa. Code § 49.1 Definitions.

The following words and terms, when used in this chapter and Chapters 50—59, have the following meanings, unless the context clearly indicates otherwise: Act—The act of April 27, 1927 (P. L. 465, No. 299) (35 P.S. § § 1221—1235) referred to as the Fire and Panic Act. Addition—An extension or enlargement of a building. Agriculture—The art of cultivating the soil, producing and harvesting crops and raising livestock. Aisle—The clear width and length of an area which is provided for ingress or egress between rows of seats, or between rows of seats and wall, or between desks, tables, counters, machines, or other equipment or materials, or between such articles or materials and a wall. Alteration—Any change, modification or rearrangement of a building which affects this chapter and Chapters 50—59. Apartment—A room or suite of rooms with sanitation facilities and with or without cooking facilities, and occupied as the home or residence of a single family, individual or group of individuals. Approved—Accepted by the Department. Designs, equipment and devices which have been listed by Underwriters Laboratories or approved by Factory Mutual or other testing laboratory accepted by the Board which meets this chapter and Chapters 50—59 shall be considered approved by the Department. Attic—An uninhabited space between the top of the ceiling framing of the top habitable story and the roof framing and walls constituting a part of the enclosure of the space. Automatic closing device—An approved device attached to a door and frame which automatically causes a door to return to the closed position. Automatic fire alarm system—A system designed to detect products of combustion and provide automatic notification to building occupants. It shall be composed of detection devices, alarms, power source, wiring, control panel and other related components as necessary. Automatic fire detection device for the hearing-impaired—A device designed to detect products of combustion and provide automatic notification to hearing-impaired persons by visual signals or other methods approved by the Department. Balcony—A floor level open to the floor below. A floor level shall be considered a story when it exceeds 1/3 of the area of the floor it is open to. A space enclosed with floor to ceiling partitions shall be considered a story except for toilet facilities and incidental rooms which are not occupied. Basement—A floor level completely below grade or floor level in which more than 2/3 of the perimeter walls are below grade. A wall shall be considered below grade where the dimension from the first floor line to the finished grade is 5 feet or less, and the slope of the finished grade extending 10 feet from the building walls does not exceed 30%. Bearing wall—A wall which supports a vertical load in addition to its own weight. Boiler room—A room which houses one or more boilers. Building—A structure used or intended for supporting or sheltering a use or occupancy. Portions of a structure may be considered separate buildings when the following conditions are met:

(i) Each portion is separated by 2-hour fire walls.

(ii) Not less than 50% of the required exits discharge directly to grade. Combustible—Capable of igniting and continuing to burn or glow at or below a temperature of 1200°F. Cubic content of a building—The cubic space as calculated by using the architectural volume of buildings, D101-1980 published by The American Institute of Architects. Danger of imminent harm—The existence of conditions in buildings which are either so inadequately equipped with exit facilities, so structurally unstable, so clearly unsuitable for the use or occupancy to which it is put or was designed, or so inadequately maintained that an immediate and clear probability of death or serious injury exists to those employed, accomodated, housed, or assembled there in the case of fire or panic. Duct—A tube, pipe, conduit or passageway used to convey air, gases or vapors. Elevator—A car, cage or platform raised or lowered vertically in permanent guides or rails, including the necessary operating mechanism, used to transport persons or materials. Emergency communications center—A consolidated communications dispatch center established by counties, or other units of local government, for the reporting of police, fire, medical or other emergency situations. Escalator—A moving continuous inclined stairway or runway used for raising or lowering persons. Exit—That portion of a means of egress which is separated from other spaces of the building or structure by construction or equipment as required to provide a way of travel to the exit discharge. Exit access—The portion of a means of egress which leads to an exit. Exit discharge—The portion of a means of egress between the termination of an exit and a safe area of refuge outside of the building or structure which has direct access to a public street or thoroughfare or an open area with unrestricted access to a public street or thoroughfare. Farm building—A building used for the production or storage, or both, of agricultural products, or used in the storage of farm equipment. Fire alarm system—See ‘‘manual fire alarm system.’’ Fire damper—An automatic self-closing noncombustible barrier designed to prevent the passage of air, gases, smoke or fire through an opening, duct or plenum chamber. Fire door assembly—An assembly of components which includes doors, frames, latches, self-closing devices and other appropriate hardware which has been given an assembly rating by an approved testing agency. The assembly rating is void when any of the required components are omitted or altered. Fire exit hardware—A device designed to provide quick release of a door. The device shall be listed for panic release and labeled fire doors. Fire partition—An interior partition having a minimum 1-hour fireresistive rating. Fire partitions are intended to restrict the spread of fire but are not necessarily continuous through stories nor extended through the roof. Openings shall be protected by at least a 3/4-hour C label door assembly. Fireresistive construction—The type of construction in which the walls, floors, roof and structural members are steel, iron, masonry, concrete or other noncombustible materials meeting all of the requirements of § 50.11(a) (relating to construction tables). Fireresistive rating—The time in hours that material or construction will withstand fire exposure as determined by a fire test made in conformity with the ‘‘Standard Methods of Fire Tests of Building Construction and Materials.’’ (ASTM E119). Fire-retardant treated wood—

(i) A wood product treated by an approved pressure process to meet the standards of ASTM test designation E-84 Standard Test Method for Surface Burning Characteristics of Building Materials, to have a flamespread classification of 25 or less and to show no evidence of significant progressive combustion when the test is continued for 30 minutes. The flame front shall not progress more than 10 1/2 feet beyond the center line of the burners at any time during the test.

(ii) Fire-retardant wood products shall bear identification showing the fire hazard classification thereof issued by an approved agency having a re-examination service.

(iii) Where fire-retardant treated wood products are to be subjected to sustained high humidity or exposed to weather, they shall be further identified as to indicate that there is no increase in the listed flamespread classification as defined in this section when subjected to ASTM D2898 Standards Methods for Accelerated Weathering of Fire-Retardant Treated Wood for Fire Testing.

(iv) Subsequent to treatment, fire-retardant treated lumber and plywood shall be dried to a moisture content of 19% or less for lumber and 15% or less for plywood. Firestopping—A barrier designed to retard the spread of fire in concealed spaces which contain combustible construction, such as attics, walls, partitions, floor framing and spaces above ceilings. Fire wall—A wall constructed of noncombustible materials having a 2-hour or greater fireresistive rating and adequate structural stability to restrict the spread of fire. Openings shall be protected by rated label door assemblies appropriate for the hourly fireresistive rating of the wall. Fire walls shall extend to the underside of the roof sheathing. Flame spread rating—The measurement of flame spread on a surface as determined by tests conducted in conformity with NFPA 255, 1979. Floor area—The surface area included within surrounding walls of a building, except vent shafts, elevator shafts, courts, fire towers and the like. General alarm—An alarm condition that is signaled throughout the building or a fire zone of a structure. Heat detector—A device which detects abnormally high temperature or rate-of-temperature rise. High rise building—A building that has an exterior face which exceeds 75 feet when measured from ground level to five feet above the highest occupiable floor level. Historic building—A building or structure listed as an historic building or structure by the Historic and Museum Commission. Horizontal exit—A passageway through a 2-hour fire wall from one structure or building to another structure or building, or area of refuge within the same building. Imminent harm—See ‘‘danger of imminent harm.’’ Initiating device—A device that is capable of being operated manually or automatically for the purpose of reporting alarms to building occupants. Intercommunicating stairway—A stairway which connects two or more floor levels of a building. It may be open to one floor level. It is not required to discharge directly to grade. Interior finish—The exposed interior surfaces of a building. Paint, wallpaper not more than 1/28 inch thick, and similar wall finishes having no greater fire hazard than wallpaper shall not be considered interior finishes. Label—An identifying mark or symbol attached to equipment or materials listing the approved organization that maintains periodic inspection of production to insure compliance with appropriate standards or performance. Large personal care home—See ‘‘personal care home.’’ Listed—Equipment or materials included in a list published by approved organizations concerned with product evaluation. The listing states either that the equipment or material meets appropriate standards or has been tested and found suitable for use in specified manner. Living unit—A suite of rooms with sanitation facilities, cooking facilities and common living areas which are used as a home, residence or temporary lodging. Manual fire alarm system—A system that consists of manual pull stations, signaling devices, power source, control panel and other related components which is designed to provide notification to all building occupants. Means of egress—A continuous and unobstructed way of travel from any point in a building or structure to a safe area of refuge outside of the building or structure. Mezzanine—A floor level open to the floor below. A floor level shall be considered a story when it exceeds 1/3 of the area of the floor it is open to. A space enclosed with floor to ceiling partitions shall be considered a story except for toilet facilities and incidental rooms which are not occupied. Noncombustible—Incapable of igniting and continuing to burn or glow at or below a temperature of 1200°F. Noncombustible construction—The type of construction in which all structural members including walls, floors, roofs and their supports are steel, iron, masonry, concrete or other noncombustible materials having a minimum fireresistive rating as indicated in § 50.11(b). Ordinary construction—The type of construction in which the exterior walls are of masonry, concrete or other noncombustible material meeting § 50.11(c). Panic hardware—A device designed to provide quick release of an exit door. Panic hardware shall not be used on doors which are required to be a part of a fire door assembly such as stair tower doors. Penthouse—A structure built above a roof. The use is limited to the housing of machinery, mechanical equipment and stairways. A penthouse shall not be construed as being a story. Personal care home—A premise that is approved and licensed as a personal care boarding home by the Department of Public Welfare in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours for four or more residents who are not relatives of the operator or owner and who require assistance or supervision in such matters as dressing, bathing, diet or medication prescribed for self-administration. Personal care homes shall be separated into small personal care homes (four through eight residents) and large personal care homes (nine or more residents). Presignal alarm—An alarm which only causes selected signalling units to operate in designated areas. Protected heavy timber construction—The type of construction in which the exterior walls, floors, roof and structural members are of masonry, reinforced concrete or other approved noncombustible materials and heavy timber members of minimum nominal sizes specified in § 50.11(c). Remodeled—See ‘‘alteration.’’ Resident—A person, unrelated to the owner or operator, who resides in a facility in return for consideration. Revision—Changes to an open plan approval which does not add square footage or cubic footage to a building. Selective coded—An alarm system in which each initiating device causes the signalling units to operate a specific number of preprogrammed pulses that is indicative of the device that caused the alarm. Each alarm initiating device has its own code. Self-closing doors—Doors which, when opened and released, return to the closed position. Shaft—A vertical opening or passage through one or more floors of a building, or through a floor and the roof. Single-station detection device—A device capable of detecting products of combustion and providing an alarm to occupants which is not interconnected or linked by wiring or wireless communication with other detection devices or a building fire alarm system. Small personal care home—See ‘‘personal care home.’’ Smoke barrier—A partition or wall with self-closing doors, constructed in a manner which will retard the passage of smoke. Smoke detector—A device which detects the visible or invisible particles of combustion. Stage—A partially enclosed portion of building which is designed or used for the presentation of plays, demonstrations or other entertainment wherein scenery, drops or other effects may be installed or used, and where the distance between the top of the proscenium opening and the ceiling of the stage is more than 5 feet. Stair tower—A stairway which is separated from all floors or areas of a building by construction having a fire-resistive rating. Stair towers shall include all vertical and horizontal travel required to lead to grade by an exit discharge. Stairway—One or more flights of stairs and the necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one floor to another. Standpipe—A wet or dry fire line in a general vertical position installed exclusively for fire fighting, extending to each story of a building and having a hose outlet in each story. Story—The portion of a building which is between one floor level and the next higher floor level or roof. If a mezzanine or balcony floor area exceeds 1/3 of the area of the floor it is open to, it shall be considered a story. Floor levels meeting the definition of basement, attic or penthouse shall not be considered stories. Supervised—Electronic monitoring to determine the functional condition of a system. Teletypewriter—A device, also referred to as a telecommunications device for the deaf, or TDD, resembling a typewriter that is used to send and receive telephone signals and which permits telephone communication with deaf persons. Veneered wall—A wall having a non load bearing facing of masonry or other materials securely attached to the backing but not bonded so as to exert a common reaction under load. Winders—See ‘‘winding stair.’’ Winding stair—A stair where the angle between the longitudinal edges or sides of the tread exceeds 10 degrees. Wood frame construction—The type of construction in which the structural parts and materials are of wood or are dependent upon wood frame for support; the term also includes construction having a noncombustible exterior veneer. Zone coded—An alarm system in which each initiating device in a general area is connected as a single zone. When any one of the devices is actuated, signalling units operate a specific number of preprogrammed pulses that is indicative of the general area or zone the alarm was initiated in.

The provisions of this § 49.1 adopted May 18, 1984, effective May 19, 1984, 14 Pa.B. 1765; amended August 7, 1992, effective August 8, 1992, 22 Pa.B. 4091. Immediately preceding text appears at serial pages (159593) to (159594) and (89017) to (89022).

Automatic Sprinklers

The regulations exempt cities of the first class from complying with Chapters 49—59, which require high rise buildings to have an automatic sprinkler system. A city of the first class has a population of 1 million or more under 53 P. S. § 101 (1993). Because Philadelphia was a city of the first class the city was not bound by the Pennsylvania Code provisions. In re One Meridian Plaza Fire Litig., No. 91-2171 Consolidated with Nos. 91-2172, 91-2226, 91-2227, 91-2374, 91-2545, 91-2546, 91-2547, 1994 U. S. Dist. LEXIS 4343 (E. D. Pa. April 6, 1994), summary judgment denied, No. 91-2171, 1994 U. S. Dist. LEXIS 5532, Prod. Liab. Rep. (CCH) para. 13918 (E. D. Pa. April 29, 1994).

Mezzanine

The second-level room used as an office by the dentist is enclosed with floor to ceiling partitions on three sides and is only open to the lower floor on the fourth side where a stairway leads to the floor below. This second-level structure is not sufficiently open to the floor below to qualify as a ‘‘mezzanine’’ under this regulation. Indeed, to qualify as a ‘‘mezzanine,’’ a second level must be sufficiently open so that occupants of the second level can easily observe or hear fire and panic on the floor below. That is not the case where occupants of the second level can only see the first floor from the top of the stairway and where three floor-to-ceiling partitions hinder the occupants’ ability to hear sound from the lower floor. Valimont v. Department of Labor and Industry, 667 A.2d 759 (Pa. Cmwlth. 1995).

This section cited in 34 Pa. Code § 51.72 (relating to automatic sprinkler systems); 34 Pa. Code § 52.72 (relating to automatic sprinkler systems); and 34 Pa. Code § 58.72 (relating to automatic sprinkler systems).

History

Authority: The provisions of this Chapter 49 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 49 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 49.2 Jurisdiction and effective dates.

(a) Chapters 49—59 apply to all classes of buildings as listed in paragraphs (1)—(5) which have four or more persons housed, employed or assembled as defined in each occupancy group listed in § 50.1 (relating to occupancy groups) and Chapters 49—59 are effective for all buildings which have plans approved on or after May 19, 1984, except that buildings for which design or construction contracts are entered into prior to May 19, 1984, shall be governed by the chapters in effect at the time the contracts were entered into.

(1) Class I buildings. Factories, power plants, mercantile buildings, hotels, office buildings, hospitals, asylums, public and private institutions, convalescent and nursing homes, schools, colleges, school and college auditoriums and gymnasiums when used for public assemblages, airports, airport buildings, airplane hangars, dormitories, warehouses, garages, farm buildings, except farm buildings occupied by less than ten employes, which are used for the production or storage, or both, of agricultural products, or used in the storage of farm equipment by the owner or tenant of the building and other buildings specified by the Department not enumerated in Classes II, III, IV and V wherein persons are employed, housed or assembled except farm buildings excluded in Chapters 49—59.

(2) Class II buildings. Theatres and motion picture theatres.

(3) Class III buildings. Public halls, dance halls, banquet halls, lodge halls, churches, skating rinks, armory halls or other auditoriums in which the public assembles, not used for one or more of the other purposes mentioned in the act.

(4) Class IV buildings. Tenement houses, apartment houses, apartment hotels, club houses, lodging houses and rooming houses.

(5) Class V buildings. Grandstands, stadiums and amphitheatres and summer theatres.

(b) Chapters 49—59 do not apply to single family residences, buildings or structures which are used for group habitation in which living units or apartments are not mixed vertically, farm buildings occupied by less than ten employes, which are used for the production or storage, or both, of agricultural products, or used in the storage of farm equipment by the owner or tenant of the building, and the buildings with less than four persons housed, employed or assembled throughout the building.

(c) Chapters 49—59 do not apply to buildings within cities of the First Class, Second Class and Second Class A, as provided in section 15 of the act (35 P. S. § 1235), except that § § 49.21, 50.58 and 55.53 (relating to reimbursement of municipalities for installation of teletypewriters; inspection and maintenance of detection devices in apartments; and automatic fire detection devices for the hearing-impaired), and § § 55.52, 56.52 and 57.52 (relating to automatic systems; required; and automatic alarms) applicable to Class IV buildings, apply throughout this Commonwealth, as provided in sections 3.1, 3.2 and 3.4 of the act (35 P. S. § § 1223.1, 1223.2 and 1223.4). In cities of the First Class, Second Class and Second Class A, § § 50.58, 55.52, 55.53, 56.52 and 57.52 shall be enforced by the city.

(d) Chapters 49—59 do not apply to buildings built prior to April 27, 1927, when the following apply:

(1) The building does not constitute danger of imminent harm to the occupants.

(2) The building complies with the exiting requirements of this title.

(3) The occupancy and use of the building has not changed since April 27, 1927.

(4) The building has not been altered since April 27, 1927.

(e) Chapters 49—59 do not limit the power and authority of local municipalities to adopt and enforce additional or more stringent regulations.

(f) Retroactivity. The only provisions of these chapters that have retroactive applicability for existing buildings are the installation of automatic fire alarm systems in C-2, C-3 and C-4 occupancies. Existing buildings such as hotels, motels, apartments, dormitories and other buildings listed in occupancy divisions C-2, C-3 and C-4 will be required to install automatic fire alarm systems as required by § 55.52, § 56.52 or § 57.52 by May 19, 1989.

(g) Existing hotels, motels, lodging houses, boarding homes and similar facilities shall comply with § 55.53 by February 4, 1993. Existing buildings subject to § 55.52(b) shall comply with that subsection by February 4, 1993. The management of hotels and motels shall comply with § 49.20 (relating to information concerning protection from fire) by October 7, 1992. This subsection supersedes subsection (f) to the extent existing buildings are required to comply with § § 49.20, 55.52(b) and 55.53.

The provisions of this § 49.2 adopted May 18, 1984, effective May 19, 1984, 14 Pa.B. 1765; amended August 7, 1992, effective August 8, 1992, 22 Pa.B. 4091. Immediately preceding text appears at serial pages (89022) and (118037).

Enforcement

Although the Department of Labor and Industry Industrial Board did not have jurisdiction over single family residences, the Department could enforce the Fire and Panic Act (35 P. S. § § 1221—1235), against a tax collector who maintained a public office in the residence. Gnarra v. Department of Labor and Industry, 658 A.2d 844 (Pa. Cmwlth. 1995); appeal dismissed 672 A.2d 1318 (Pa. 1996).

Exemptions

History

Authority: The provisions of this Chapter 49 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 49 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 49.3 Submission of plans.

(a) Submission and approval. Before a building to which Chapters 49—59 apply (except for C-3 occupancies covered under Chapter 56) is erected, adapted, remodeled or altered, detailed architectural plans, wall sections and elevations for new construction remodeling or alteration work and line drawings to scale for all portions of the existing buildings showing means of egress shall be submitted to and approved by the Bureau of Occupational and Industrial Safety, Buildings Section, Department of Labor and Industry, as required under section 8 of the act (35 P.S. § 1228). Drawings shall be submitted in triplicate. In cases where emergency lighting systems, fire alarm systems, or fire extinguishing apparatus is required by this chapter, these requirements shall be completely shown on or with the drawings submitted before approval of the building is obtained.

(b) C-3 occupancies. C-3 occupancies covered under Chapter 56 shall have the following information on file in the Department:

(1) Building name and address.

(2) Owners name and address.

(3) Number of residents.

(4) A building sketch will be made by the Department’s representative which indicates exits, smoke detectors and room locations for each floor.

(5) An inspection report indicating that the building complies with Chapter 56 for C-3 occupancies.

(c) Plan requirements. Plans shall be reproduced on paper prints a minimum of 15" x 24", and drawn to a scale of not less than 1/8 inch to the foot unless the size of the building is such that it is impossible to contain the entire building on a 42-inch sheet size, in which case drawings may be accepted at a scale 1/16 inch to the foot. They shall show floor plans of all floors, all outside elevations, and location plans (site plan) of all streets or alleys abutting and distances from adjacent or adjoining buildings. Specifications shall also be furnished when requested. Buildings located in a new development shall have their location distinctly shown by lot number or letter on a plot so that they may readily be found by the Department.

(d) Accelerated approvals.

(1) The Department may approve the application and issue plans approval for construction of part of a building, including foundations, before complete plans and specifications for the entire building have been submitted and approved, provided that adequate information and detailed plans or statements have been submitted complying with this chapter. The holder of such plans approval shall proceed with the building operation at his own risk and without assurance that a plans approval for construction of the entire building will thereafter be issued.

(2) The Application for Accelerated Project Approval of Plans shall be prepared by the design professional subsequent to his completion of substantive design and shall contain a written technical and engineering description of the project, together with site plans, grading plans, foundation plans, architectural and structural plans in their condition existing at the time of the application. The application shall also contain the statement that the architect or engineer has been authorized by the owner to make application in this form and that the work performed under the Accelerated Project Approval shall comply with this chapter.

(3) The Department may issue an accelerated project approval of plans for stage construction of alterations or additions to existing buildings which alterations or additions are undertaken for the purpose of upgrading the safety conditions in conformity with this chapter without requiring total compliance at the time and when the applicant has filed with the buildings section a time schedule for compliance with this chapter.

This section cited in 28 Pa. Code § 501.81 (relating to safety from fire); and 34 Pa. Code § 50.85 (relating to approval of plans).

History

Authority: The provisions of this Chapter 49 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 49 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 49.4 Professional registration requirements.

Buildings shall be designed by an architect or engineer regularly engaged in the profession and registered in this Commonwealth under the Architects Licensure Law (63 P.S. § § 34.1—34.22), or the Professional Engineers Registration Law (63 P.S. § § 148—158) except that this shall not prohibit persons from preparing any drawings or other design documents for the remodeling or alteration of a building not involving structural or egress changes or additions thereto, if the author of such plans or other design documents does not receive any compensation as the author thereof.

History

Authority: The provisions of this Chapter 49 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 49 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 49.5 Certification of plans.

Every architect or engineer who shall prepare plans and specifications for any building to which this chapter and Chapters 50—59 apply, shall file with the Bureau of Occupational and Industrial Safety, at the time of submission of the plans, a certificate on a form as prescribed by the Department.

History

Authority: The provisions of this Chapter 49 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 49 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 49.6 Appeal of Department action as to final plans.

(a) A person whose final plans are not approved by the Department may appeal the Department’s action to the Board.

(b) The appeals shall be filed with the Secretary of the Industrial Board, Labor and Industry Building, Harrisburg, Pennsylvania 17120.

History

Authority: The provisions of this Chapter 49 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 49 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 49.7 Legal effect of approval of plans.

(a) Final plans approved by the Department which reflect compliance with the act and with this title shall be valid for 2 years after the date of final plans approval; if construction commences within 2 years of the date of final plans approval, final plans approval shall be valid for 5 years after the date of final plans approval.

(b) After issuance of final plans approval by the Department, the Department may not require changes in a building during or after construction if all of the following apply:

(1) The final plans approval was issued without connivance or fraud.

(2) The building is being or was constructed in accordance with the final plans which were approved by the Department.

(3) The occupancy or use of the building is not being or was not changed.

(c) Nothing in this title shall preclude the Department from requiring changes in a building which has received final plans approval from the Department and which constitutes a danger of imminent harm to the occupants of the building.

(d) Nothing in this title shall preclude the Department from requiring changes in final plans prior to commencement of construction of the building if the final plans do not reflect compliance with the act and this title.

History

Authority: The provisions of this Chapter 49 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 49 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 49.8 Fees for building-plan examinations.

(a) The Department will charge a fee for examination of plans, field inspections and issuance of an Occupancy Permit equal to the cost of making the examination and inspections. A plan approval is not valid until this fee is collected by the Commonwealth.

(b) A basic fee of $75 will be charged for each new or existing building reviewed.

(c) Final plan review for new buildings or additions includes the basic fee of $75, plus an additional fee of $5 per 100 square feet of floor area or fraction thereof.

(d) C-3 occupancies will be charged only a $75 basic fee.

(e) Final plan review for alterations, renovations or remodeling of existing buildings includes the basic fee of $75, plus an additional fee of $5 per $1,000 of estimated cost of alterations, renovations or remodeling, which require approval under the act or this chapter and Chapters 50—59 as certified by the applicant. An individual or firm submitting plans for alterations, renovations or remodeling of an existing building may be charged a fee based on the formula for calculating fees listed in subsection (c) if the fee is less than the fee prescribed by this subsection.

(f) Payment shall be made by check or money order at the time of submission of plans and shall be made payable to the ‘‘Commonwealth of Pennsylvania.’’ Cash may not be sent.

The provisions of this § 49.8 adopted May 18, 1984, effective May 19, 1984, 14 Pa.B. 1765; amended January 12, 1990, effective January 13, 1990, 19 Pa.B. 183; corrected February 2, 1990, effective January 13, 1990, 20 Pa.B. 502. Immediately preceding text appears at serial pages (118202) to (118203) and (89027).

History

Authority: The provisions of this Chapter 49 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 49 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 49.9 Field inspection.

(a) The owner or other responsible person shall notify the local office of the Bureau of Occupational and Industrial Safety listed on the plan approval letter when construction of the project has begun.

(b) Prefinal inspections may be conducted based upon the size and complexity of a project.

(1) If a nonconforming condition is observed at a prefinal inspection, the district office supervisor will notify the owner of the building of these observations in writing.

(2) It shall be the owner’s responsibility to correct the conditions or obtain a revised approval for the conditions.

(c) The owner or other responsible person shall arrange for a final inspection by contacting the local office of the Bureau of Occupational and Industrial Safety listed on the plan approval letter.

(d) A Bureau of Occupational and Industrial Safety inspector will make a final inspection of the building and will permit occupancy when all conditions required in this chapter and Chapters 50—59 are complete.

(e) The Department will issue an occupancy permit within 30 days of the final inspection. It shall be the owner’s responsibility to maintain and operate the building in accordance with the act, this chapter and Chapters 50—59.

(f) After the issuance of an occupancy permit by the Department, the Department will not require changes in a building unless:

(1) The Occupancy Permit was issued through connivance or fraud.

(2) The occupancy or use of the building has changed.

(3) The building is not maintained and operated in accordance with the act or this chapter and Chapters 50—59.

The provisions of this § 49.9 adopted May 18, 1984, effective May 19, 1984, 14 Pa.B. 1765.

History

Authority: The provisions of this Chapter 49 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 49 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 49.10 Applicability of general rules.

Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) is applicable to all proceedings for the enforcement of the act except as provided in this chapter.

History

Authority: The provisions of this Chapter 49 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 49 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 49.11 Service of orders, notices and duty of owner to post address.

Service of orders, notices and other documents shall be effected in the manner provided by 1 Pa. Code § 33.31 (relating to service by the agency).

The provisions of this § 49.11 adopted May 18, 1984, effective May 19, 1984, 14 Pa.B. 1765.

History

Authority: The provisions of this Chapter 49 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 49 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 49.12 Notice of violation and order to correct.

If an inspection of a building covered by the act has been conducted by the Department and violations of the act or this chapter and Chapters 50—59 have been found, the following procedures shall be observed:

(1) The inspector shall leave a preliminary report of findings with the owner or owner’s representative at the time of the inspection.

(2) A written notice of violations shall be served upon the owner describing the violations. The Department will identify those violations, which, in the opinion of the Department, constitute a danger of imminent harm to the occupants of the building.

(3) An order requiring correction of the violations within the reasonable period as shall be determined by the Department will be served simultaneously with the notice required in paragraph (2).

(4) The owner may file an appeal with the Board within 60 days of the date of notice of violation and orders to correct requesting variances or extensions of time or both.

(5) In cases involving danger of imminent harm, the procedure outlined at § 49.17 (relating to cases involving danger of imminent harm) applies.

The provisions of this § 49.12 adopted May 18, 1984, effective May 19, 1984, 14 Pa.B. 1765.

This section cited in 34 Pa. Code § 49.15 (relating to appeals to the Board); and 34 Pa. Code § 49.17 (relating to cases involving danger of imminent harm).

History

Authority: The provisions of this Chapter 49 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 49 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 49.13 Determination of compliance or noncompliance.

(a) At the end of the period provided in the order to correct, the Department will inspect the building and determine whether compliance has been effected.

(b) If compliance has been effected, the order will be closed by the Department.

(c) If compliance has not been effected, the Department may issue to the owner an order to show cause why the building or structure should not be vacated or should not be placed out of service under section 12 of the act (35 P. S. § 1232).

(d) In cases involving danger of imminent harm, the procedure outlined in § 49.17 (relating to cases involving danger of imminent harm) applies.

The provisions of this § 49.13 adopted May 18, 1984, effective May 19, 1984, 14 Pa.B. 1765.

This section cited in 34 Pa. Code § 49.17 (relating to cases involving danger of imminent harm).

History

Authority: The provisions of this Chapter 49 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 49 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 49.14 Answer to order to show cause.

(a) An answer to the order to show cause shall be filed with the Secretary of the Board in accordance with 1 Pa. Code § 35.37 (relating to answers to orders to show cause) and may include a request for a variance or an extension of time or both; the answer shall be filed within 30 days of the date of the issuance of the order to show cause.

(b) If a request for a variance or an extension of time or both has already been filed with the Board and is still pending, consideration of the request shall be merged with the answer and considered simultaneously with the answer.

(c) If a request for a variance or an extension of time or both has already been filed and is still pending, and no answer is filed; the request for a variance or an extension of time or both shall be deemed the answer.

The provisions of this § 49.14 adopted May 18, 1984, effective May 19, 1984, 14 Pa.B. 1765.

This section cited in 34 Pa. Code § 49.15 (relating to appeals to the Board).

History

Authority: The provisions of this Chapter 49 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 49 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 49.15 Appeals to the Board.

(a) The appeal periods to the Board are set forth in § § 49.12 and 49.14 (relating to notice of violation and order to correct; and answer to order to show cause). An appeal may not be filed with the Board after the expiration of these periods, except at the discretion of the Board upon good cause shown.

(b) Appeals shall be filed with the Secretary of the Industrial Board, Room 1408, Labor and Industry Building, Harrisburg, Pennsylvania 17120, and shall be deemed filed the date of the mailing, as indicated by the postmark date or the date of personal delivery.

(1) An appeal to the Board may include a request for either an extension of time within which to comply or a variance or both or other relief which is appropriate.

(2) An appeal to the Board will automatically act as a supersedeas to the enforcement of the Department’s order to correct in cases not involving danger of imminent harm.

(d) A request for a hearing before the Board will be as follows:

(1) An appeal to the Board shall be decided by the Board based upon the Department’s documents, the appeal and written brief or argument unless the owner requests a hearing before the Board.

(2) If the owner requests a hearing before the Board, the Board will schedule the case for a hearing and will notify the owner and the Department of the date, time and place of the hearing.

(e) The Board may consider the following factors, among others, when reviewing and ruling upon a request for an extension of time or a variance or other relief which is appropriate:

(1) The reasonableness of the Department’s rule and regulations as applied in the specific case.

(2) The extent to which an extension of time or a variance will subject occupants to the hazards of fire and panic.

(3) The availability of professional or technical personnel needed to come into compliance.

(4) The availability of materials and equipment needed to come into compliance.

(5) The efforts being made to safeguard occupants against the hazards of fire and panic.

(6) The efforts being made to come into compliance as quickly as possible.

(7) Compensatory fire safety features which will provide an equivalent degree of protection for the occupants.

(f) The Board after consideration of a request for an extension of time or a variance or other relief which is appropriate may by written decision and order either:

(1) Deny the request.

(2) Grant the request.

(3) Grant the request upon certain conditions being satisfied.

(4) Grant such other relief which is appropriate.

(g) Appeal from the final order of the Board may be taken to a court of competent jurisdiction within the time limits and in the manner prescribed by law. In cases not involving danger of imminent harm, a timely appeal to a court of competent jurisdiction shall automatically act as supersedeas to the enforcement of the order of the Board.

The provisions of this § 49.15 adopted May 18, 1984, effective May 19, 1984, 14 Pa.B. 1765.

Board Precedent

Where there is no statement of facts or rationale explaining what other factors the Industrial Board might have considered in granting a second level minimum exit variance in a particular case, there is no basis to support petitioners’ argument that the Board should be bound by its prior decisions. Valimont v. Department of Labor and Industry, 667 A.2d 759 (Pa. Cmwlth. 1995).

Variance

Petitioners contention that the installation of interconnecting smoke and heat detectors and a sophisticated security system adequately protects occupants of the second level from the hazards of fire and panic is rejected and a variance will not be granted. Although these special systems can warn second floor occupants when there is fire or panic below, such technology does not provide second level occupants, having been warned, with a direct exit path to the exterior of the building. Valimont v. Department of Labor and Industry, No. 847 C. D. 1995, 1995 Pa. Cmwlth. LEXIS 529 (1995).

This section cited in 34 Pa. Code § 50.86 (relating to variances).

History

Authority: The provisions of this Chapter 49 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 49 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 49.16 Enforcement of final order after Board action.

(a) If the Board has denied the request for an extension of time or a variance, the Department may seek to enforce the final order of the Department in accordance with section 12 or 13 of the act or both (35 P. S. § 1232 or § 1233).

(b) If the Board has granted the request for an extension of time, the Department will reinspect the building at the expiration of the extension of time to determine whether compliance has occurred. Following the reinspection the Department will close its order (in case of compliance) or may proceed in accordance with section 12 or 13 of the act or both, in case of noncompliance.

(c) If the Board has granted the request for a variance, the Department will close its order relative to the item on which the variance was granted.

(d) If the Board has granted the request for an extension of time or a variance upon certain conditions being satisfied, the Department will reinspect the building at the appropriate time to determine whether compliance has occurred. Following the inspection, the Department will close its order, in case of compliance, or may proceed in accordance with section 12 or 13 of the act or both, in case of noncompliance.

The provisions of this § 49.16 adopted May 18, 1984, effective May 19, 1984, 14 Pa.B. 1765.

History

Authority: The provisions of this Chapter 49 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 49 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 49.17 Cases involving danger of imminent harm.

(a) In cases involving danger of imminent harm, at the expiration of the period provided in the order to correct under § 49.12 (relating to notice of violation and order to correct), the Department will reinspect the building to determine whether compliance has occurred. Following this reinspection, the Department will issue a determination as soon as practicable thereafter as to the status of the original order to correct.

(b) If the Department determines that the building no longer involves danger of imminent harm, the Department will proceed under § 49.13 (relating to determination of compliance or noncompliance).

(c) If the Department determines that the building continues to involve danger of imminent harm, the Department will so indicate in its determination and may proceed to initiate an action in law or in equity in a court of competent jurisdiction.

The provisions of this § 49.17 adopted May 18, 1984, effective May 19, 1984, 14 Pa.B. 1765.

This section cited in 34 Pa. Code § 49.12 (relating to notice of violation and order to correct); and 34 Pa. Code § 49.13 (relating to determination of compliance or noncompliance).

History

Authority: The provisions of this Chapter 49 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 49 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 49.18 Appeal from orders of the Board.

(a) Appeal from the final order of the Board may be taken to a court of competent jurisdiction within the time limits and in the manner prescribed by law.

(b) In cases not involving danger of imminent harm, a timely appeal to a court of competent jurisdiction shall automatically act as a supersedeas to the enforcement of the order of the Board.

The provisions of this § 49.18 adopted May 18, 1984, effective May 19, 1984, 14 Pa.B. 1765.

History

Authority: The provisions of this Chapter 49 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 49 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 49.19 Advisory Board.

(a) For the purpose of advising the board when determining factual interpretations amending or repealing this chapter, the Secretary will appoint an Advisory Board on Building Construction consisting of 10 members who will be three registered architects, two registered engineers, two representatives of labor, two representatives of building construction and one representative of the Department who will be the chairman.

(b) The architect and engineer members shall be qualified by experience and training to pass upon matters pertaining to building construction and may not be employes of the Commonwealth. Before making appointments of the architect and engineer members, the Secretary will request the Pennsylvania Society of Architects to recommend the names of not less than five architects registered under the statutes of this Commonwealth and the Pennsylvania Society of Professional Engineers to recommend the names of not less than three engineers registered under the statutes of this Commonwealth, and he will give careful consideration to the recommendations in making these appointments. It is not required that the persons nominated by the organizations be members of the organizations. Each organization shall be given 30 days written notice requesting submission of the list of names and after expiration of the time, if the Secretary has not received the requested lists, he will make appointments without regard to same. The Secretary will appoint the labor members directly.

(c) The Advisory Board shall meet at the call of the chairman as necessitated by petitions. Four of the members shall constitute a quorum at a meeting of the Advisory Board.

The provisions of this § 49.19 adopted May 18, 1984, effective May 19, 1984, 14 Pa.B. 1765.

History

Authority: The provisions of this Chapter 49 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 49 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 49.20 Information concerning protection from fire.

The management of hotels and motels shall, upon the request of travel agents and other persons interested in utilizing their facilities, furnish information concerning the measures which have been taken at the hotel or motel for protection from fire. This information shall be provided in writing, free of charge, and shall contain, at a minimum, the following information:

(1) The occupancy capacity of the facility.

(2) The numbers of stories in the building.

(3) The extent to which the building is sprinklered.

(4) Whether the building has a fire or smoke alarms, the types of alarms and their locations.

(5) A sample floor plan showing the location of exits, fire extinguishers, detection devices and sprinkler system.

(6) A copy of written emergency instructions regularly furnished to guests.

The provisions of this § 49.20 adopted August 7, 1992, effective August 8, 1992, 22 Pa.B. 4091.

This section cited in 34 Pa. Code § 49.2 (relating to jurisdiction and effective dates).

History

Authority: The provisions of this Chapter 49 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 49 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 49.21 Reimbursement of municipalities for installation of teletypewriters.

(a) Under section 3.4 of the act (35 P. S. § 1223.4), a municipality in this Commonwealth which installs a teletypewriter in its police headquarters, or other location designated by the municipality to enable deaf residents of the municipality to communicate requests for assistance in emergencies to the police or other designated emergency response organizations, may be reimbursed by the Department for the purchase and installation costs of the devices, subject to the availability of funds.

(b) To be eligible for reimbursement under this section, a municipality shall install teletypewriters having the following features. The teletypewriter shall:

(1) Be a Federal Communications Commission (FCC)-approved device.

(2) Be AC-powered.

(3) Have a battery-powered backup source capable of powering the unit for up to 3 hours.

(4) Have a typewriter-style layout.

(5) Have a minimum 20-character display/minimum 0.25 inch (6mm) character height.

(6) Have a battery-backed-up memory capable of storing conversations and storing and sending pretyped messages.

(7) Have a minimum 20-column printer.

(8) Have automatic answering capability.

(9) Have direct connection to telephone lines.

(10) Have keyboard dialing.

(11) Have the capability to communicate and transmit signals in Baudot and ASCII codes.

(c) The Department will notify municipalities of the availability of funds by publication of a notice in the Pennsylvania Bulletin. The notice will specify the amount of funds available, the official with whom applications for reimbursement shall be filed, the deadline for making the application and other information determined to be pertinent by the Department. For the convenience of both the municipalities and the Department, the Department will develop and make available an application form for use by the municipalities.

(d) Reimbursement to each eligible municipality under this section shall be limited to the cost of purchasing and installing one teletypewriter, unless additional funds remain, or are made available, after reimbursement is made to all eligible municipalities making application for reimbursement. Where an emergency communications center provides dispatch service for municipalities, the emergency communications center may file a single application for reimbursement on behalf of its member municipalities.

(e) If available funds are insufficient to fully reimburse the municipalities, the Department will prorate the funds as follows:

(1) The total amount of available funds will be divided by the number of municipalities applying, and determined eligible, for reimbursement to determine a proportional share.

(2) If the reimbursable costs of all of the municipalities exceed the proportional share, all municipalities will be reimbursed in an amount equal to the proportional share.

(3) If the reimbursable costs of a municipality are less than, or equal to, the proportional share, that municipality will be reimbursed for its full costs and these amounts will be deducted from the total amount of funds available.

(4) The amount of available funds remaining after the deductions specified in paragraph (3) will be divided by the number of municipalities remaining to be reimbursed to yield a new proportional share. These municipalities’ shares will be allocated based upon the new proportional share, using the steps outlined in paragraphs (2)—(4).

(5) The process in paragraphs (1)—(4) is subject to repetition any number of times until the available funds are exhausted or reimbursement is made to the eligible municipalities which apply.

The provisions of this § 49.21 adopted August 7, 1992, effective August 8, 1992, 22 Pa.B. 4091.

This section cited in 34 Pa. Code § 49.2 (relating to jurisdiction and effective dates).

History

Authority: The provisions of this Chapter 49 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 49 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

Chapter 50 General Requirements—Buildings

34 Pa. Code § 50.1 Occupancy groups.

(a) Class of building. The Department will classify each building into one or more of the following occupancy groups according to the building use and the characteristics of the occupants.

(b) Group A—Assembly. Buildings primarily used or designed for the purpose of assembly of persons for amusement, entertainment, worship, transportation, recreation, sports, military drilling, dining or similar purposes shall be classified as Group A—Assembly Occupancies. Group A is divided into the following division:

(c) Group B—Educational. Buildings primarily used or designed for the purpose of education or instruction shall be classified as Group B—Educational Occupancies. Schools for business or vocational training shall be classified in the same occupancies and conform to the same requirements as the trade, vocation or business being taught. Nursery schools, day care centers, group day care homes and the like shall be classified as B occupancies. However, they may be housed in a building which has an A, C-1 or C-2 occupancy permit without submission of plans or approval as a B occupancy. Group day care homes and family day care homes may use the C-3 regulations for occupancies of eight or less children without a B occupancy approval. See Chapter 54 (relating to Group B—Educational).

(d) Group C—Group habitation. Buildings primarily used or designed for the purpose of habitation by four or more persons shall be classified as Group C—Group Habitation. Group C is divided into the following divisions:

(1) Division C-1. Health care institutions include buildings that provide sleeping facilities for four or more persons who are mostly incapable of self-preservation because of physical or mental illness or disease, or persons convalescing from physical or mental illness or disease. Hospitals, sanitariums, nursing homes, convalescent homes, rest homes, and the like shall be classified as health care institutions. Personal care homes licensed by the Department of Public Welfare will not be considered health care institutions. Health care institutions shall comply with the following:

(i) Health care institutions which have plans approved by the Department after May 19, 1986, shall comply with NFPA-101, Life Safety Code, 1985 Edition published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269.

(ii) Health care institutions or portions of health care institutions which have had plans approved by the Department from June 1, 1976, to May 19, 1986, shall be considered in compliance with this chapter as long as compliance is maintained in accordance with the provisions in force on the date of approval by the Department.

(iii) Health care institutions or portions of health care institutions which complied on May 31, 1976, with the requirements of NFPA-101, Life Safety Code, 1967 Edition will be considered in compliance with this chapter as long as compliance is maintained in accordance with NFPA-101, Life Safety Code, 1967 Edition published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269.

(iv) Plan approval and field inspections for health care institutions, Division C-1, are conducted by the Department of Health.

(2) Division C-2. This division applies to a building, or a part thereof, where the occupants are in group habitation and are not included under Division C-1, C-3, C-4 or C-5. Hotels, apartment buildings, multiple dwellings, dormitories, lodging houses, orphanages, children’s residential institutions, large personal care homes, group homes, group foster homes, and the like, shall be in this classification. See Chapter 55 (relating to Division C-2).

(3) Division C-3. This division applies to a building which only has a single living unit where four through eight residents are in group habitation. Small personal care homes, dormitories, lodging houses, orphanages, children’s residential institutions, group homes, group foster homes, and the like having four through eight residents shall be in this classification. See Chapter 56 (relating to Division C-3).

(4) Division C-4. This division applies to apartment units which qualify for a single means of egress. See Chapter 57 (relating to Division C-4).

(5) Division C-5. This division applies to a building, or a part thereof, where the occupants are in group habitation, and are mostly incapable of self-preservation, because they are under restraint. Prisons, jails, reformatories, houses of correction and the like shall be in this classification. C-5 occupancies which have plans approved on or after November 30, 1998, shall comply with Chapters 3, and 14, and all other sections specifically referred to in Chapters 3 and 14 of NFPA-101, Life Safety Code, 1997 Edition published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269.

(e) Group D—Commercial, Office, Industrial. Buildings primarily used or designed for the purpose of commercial, storage, office or other like purposes shall be classified as Group D—Commercial, Office, Industrial Occupancies. Group D is divided into the following divisions:

(1) Division D-O (ordinary occupancy) includes occupancies involving the manufacture, assembling, warehousing, use, sale or storage of combustible but not highly flammable products and materials and buildings used for offices and the like. See Chapter 58 (relating to Division D-O).

(2) Division D-H (hazardous occupancies) includes occupancies involving highly combustible, explosive or unstable products or materials that constitute a special fire, life or toxic hazard because of the forms, characteristics or volume of the materials used. A building, structure or a part thereof used for storage, warehousing, manufacturing, processing, use or sale of highly combustible products or materials, including the following and those of equal fire and life hazard shall be classified under D-H hazardous occupancies. See Chapter 59 (relating to Division D-H).

(i) Chemicals which pose serious flame or explosive hazards upon coming into contact with water or moisture, such as aluminum powder, calcium carbide, red phosphorous, metallic sodium, metallic potassium, sodium peroxide, calcium phosphide, yellow phosphorous and metallic magnesium powder.

(ii) Processes which produce dust, lint or other particles or matter liable to instantaneous ignition or explosion.

(iii) Ammonia, chlorine, phosgene, carbon bisulphide and other toxic irritants or corrosive and fume hazard gases such as acetylene, ether, ethyl chloride, ethylene, liquified hydrocarbons, ethyl chloride gas and similar gases.

(iv) Naptha, ether, benzol, styrene, butadiene, collodion, ethyl, acetate, amyl acetone, amyl alcohol, kerosene, turpentine, petroleum paint, including paint mixing and spraying rooms, varnish, dryer, gasoline, alcohol, oil in bulk quantities and similar highly inflammable liquids. Paint spray booth approved by the Department will be classified as D-O occupancies.

(v) Manufacture and processing of imitation leather, paint and other pyroxylin products.

(vi) Storage of nitrocellulose, or products composed in whole or in part of nitrocellulose or similar flammable materials, such as films, combs, pens.

(vii) Hydrocloric, nitric, sulphuric and hydrofluoric acids.

(viii) Asphalt, tar pitch, resin, waxes and fats, either alone or combined with other materials.

(ix) Flammable fibrous materials such as hay, straw, broomcorn, hemp, tow, jute, sisal, excelsior, kapok, hair, oakum, and the like.

(x) Processing or storing of artificial flowers, matches, mattresses, rubber, cork, brooms, carpet linings, paper, pasteboard, feathers, cotton, including cotton rag sorting rooms, shoddy mills, oil refineries, distilleries, sugar refineries, cereal, flour, grist and starch mills, rendering plants, drying rooms, and occupancies of equal fire and life hazard.

The provisions of this § 50.1 amended December 26, 1986, effective December 27, 1986, 16 Pa.B. 4973; amended November 27, 1998, effective November 28, 1998, 28 Pa.B. 5867. Immediately preceding text appears at serial pages (211213) to (211214) and (207379) to (207380).

The guests of a ‘‘bed and breakfast’’ were ‘‘residents’’ for purposes of defining the use of the property and the building was used primarily as a bed and breakfast establishment. Orth v. Department of Labor and Industry, 588 A.2d 113 (Pa. Cmwlth. 1991) appeal denied 596 A.2d 801 (Pa. 1991).

This section cited in 34 Pa. Code § 49.2 (relating to jurisdiction and effective dates).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.2 Occupancy separations and mixed occupancies.

When a structure contains two or more occupancy classes, the occupancy classes shall be governed in one of the following manners:

(1) Separation. When each occupancy class is separated from all other occupancy classes by 2-hour fire walls, each portion thus separated shall be considered a separate building, and limitations for separate buildings shall govern.

(2) Mixed occupancy. Structures with more than one occupancy class which are not separated shall be considered mixed occupancies and shall be governed by the most restrictive of the various limitations of the occupancies.

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.3 Prohibited occupancy mixtures.

Group D-H, Hazardous Occupancies, shall not be permitted in the same structure housing Group A, B or C occupancies.

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.11 Construction tables.

(a) Fireresistive construction. Fireresistive construction shall be the type of construction in which the walls, floors, roof and structural members are steel, iron, masonry, concrete or other noncombustible materials meeting all of the requirements of this chapter and having a minimum fireresistive rating as indicated in the construction table.

Structural steel and iron members which are used exclusively for elevators and are not part of the structural frame of the building may be unprotected.
Fire protective covering may be omitted from structural steel roof structures and members of concrete roof structures of buildings where every part of the roof structure is 20 feet or more above any floor and 10 feet above any balcony or gallery for A, B and C occupancy groups.
Nonbearing partitions subdividing an area of 10,000 square feet or less and occupied by a single tenancy may be of fire-retardant treated wood or metal panels without a fireresistive rating.
Bays, porches, exterior balconies, and any projections shall be constructed of noncombustible materials.
Penthouses and all other roof structures shall be considered part of the next lower story. Where the exterior wall of a penthouse is recessed five feet or more from the next lower story’s exterior wall and the exterior wall of the next lower story is required to have a fireresistive rating greater than 1 1/2 hours, the penthouse walls may be constructed of noncombustible materials with a minimum rating of 1 1/2 hours.
Panel walls of noncombustible construction attached to the structural frame may be used when no undue hazard is deemed to exist.

(b) Noncombustible construction. Noncombustible construction shall be the type of construction in which all structural members including walls, floors, roofs and their supports are steel, iron, masonry, concrete, or other noncombustible materials having a minimum fireresistive rating as indicated in the construction table.

Nonbearing partitions subdividing an area and occupied by a single tenancy may be of fire-retardant treated wood or metal panels without a fireresistive rating.
Bays, porches, exterior balconies, and any projections may be constructed of noncombustible materials, or exterior fire-retardant treated wood.
Panel walls of fire-retardant treated wood attached to the structural frame may be used when no undue hazard is deemed to exist.
Roof construction, including beams and joists may be fire-retardant treated wood.

(c) Protected heavy timber. Protected heavy timber shall be the type of construction in which the exterior walls and fire walls are of masonry, reinforced concrete, or other approved noncombustible materials meeting the requirements of this chapter and having a fireresistive rating as indicated in the construction table. Heavy timber members of the following minimum nominal sizes may be used as an alternative to the construction table without meeting the minimum fireresistive rating.

Timber arches or trusses may be used to support roof loads. The framing members shall be of not less than 4 inches by 6 inches nominal dimensions, except that spaced members may be composed of two or more pieces, each of not less than three inch nominal thickness when blocked solidly throughout their intervening spaces or when such spaces are tightly closed by a continuous wood cover plate of not less than 2 inch nominal thickness secured to the underside of the members. Splice scabs shall be not less than 3 inch nominal thickness. When protected by approved automatic sprinklers under the roof deck, the framing members may be reduced to not less than 3 inch nominal thickness.
Floors may be constructed of splined or tongue and groove plank of not less than 3 inch nominal thickness, covered with 1 inch flooring laid crosswise or diagonally or may be of laminated construction consisting of planks of not less than 4 inch nominal width, laid on edge and spiked together at intervals of 18 inches and covered with 1 inch flooring. Laminated floors shall be laid with staggered joints and shall not be spiked to the supporting girders.
Structural steel and iron members which are used exclusively for elevators and are not part of the structural frame of the building may be unprotected.
Fire protective covering may be omitted from structural steel roof structures and members of concrete roof structures of buildings where every part of the roof structure is 20 feet or more above any floor and 10 feet above any balcony or gallery for A, B and C occupancy groups.
Nonbearing partitions subdividing an area of 10,000 square feet or less and occupied by a single tenancy may be of fire-retardant treated wood or metal panels without a fireresistive rating.
Bays, porches, exterior balconies, and any projections shall be constructed of noncombustible materials.
Penthouses and all other roof structures shall be considered part of the next lower story. Where the exterior wall of a penthouse is recessed five feet or more from the next lower story’s exterior wall and the exterior wall of the next lower story is required to have a fireresistive rating greater than 1 1/2 hours, the penthouse walls may be constructed of noncombustible materials with a minimum rating of 1 1/2 hours.
Panel walls of noncombustible construction attached to the structural frame may be used when no undue hazard is deemed to exist.

(d) Ordinary construction. Ordinary construction shall be the type of construction in which the exterior walls are of masonry, concrete or other noncombustible material meeting the requirements of this chapter and having a minimum fireresistive rating as indicated in the construction table. Interior framing may be partially or wholly of wood.

Structural steel and iron members which are used exclusively for elevators and are not part of the structural frame of the building may be unprotected.
Firestopping shall be provided in all walls at each floor level to prevent the spread of fire. Horizontal concealed spaces shall be provided with draftstopping each 3,000 square feet. Draftstopping and firestopping materials shall be not less than 1/2 inch gypsum board, 3/8 inch plywood or other equivalent material.
No wood framing shall be placed within two inches of the outside of chimneys. This distance may be reduced to 1/2 inch if the members are faced to their full depth with approved insulating material not less than 1/4 inch thick. No wood framing shall be placed within four inches of the backwall of any fireplace. Header beams supporting trimmer arches of fire places shall be not less than 20 inches from the face of the chimney breast.
All wood shingles shall be pressure treated to meet the requirements for Class C roof covering in accordance with the Standard Test ASTM E-180 ‘‘Test for Roof Covering’’ including the weathering test.
Solid core wood doors equal to or greater than a 20 minute fireresistive rating may be used for corridor partitions. These doors shall be self-closing and have positive latching.

(e) Wood frame construction. Wood frame construction shall be the type of construction in which structural members and their support are constructed of wood or are dependent upon wood for support and having a minimum fireresistive rating as indicated in the construction table.

Firestopping shall be provided in all walls at each floor level to prevent the spread of fire. Horizontal concealed spaces shall be provided with draftstopping each 3,000 square feet. Draftstopping and firestopping materials shall be not less than 1/2 inch gypsum board, 3/8 inch of plywood or other equivalent material.
All wood shingles shall be pressure treated to meet the requirements for Class C roof covering in accordance with the Standard Test ASTM E-180 ‘‘Test for Roof Covering’’ including the weathering test.
Solid core wood doors equal to or greater than 20 minute fireresistive rating may be used for corridor partitions. These doors shall be self-closing and have positive latching.

This section cited in 34 Pa. Code § 49.1 (relating to definitions); 34 Pa. Code § 50.25 (relating to stair towers); and 34 Pa. Code § 50.43 (relating to classification).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.21 Definitions.

(a) A means of egress is a continuous and unobstructed way of travel from a point in a building or structure to a safe area of refuge outside of the building or structure. A means of egress consists of three separate parts: the way of exit access, the exit, and the way of exit discharge. A means of egress comprises the vertical and horizontal ways of travel and includes intervening room spaces, doorways, hallways, corridors, passageways, balconies, ramps, stairs, enclosures, lobbies, escalators, horizontal exits, courts and yards.

(b) Exit access is a path of travel which leads to an exit.

(c) Exit is the portion of a means of egress which is separated from other spaces of the building or structure by construction as required in Chapters 49-59 (relating to administration—buildings; general requirements—buildings; A-1 assembly; Division A-2 assembly; Division A-3 assembly; Group B educational; Division C-1 health care institutions; Division C-2 hotels, motels, apartment buildings; Division C-3 small group habitation; Division C-4 single exit apartments; Division C-5 prisons, jails, reformatories, and houses of corrections; Division D-O ordinary commercial, industrial, office; and D-H hazardous commercial, industrial, office) to provide a way of travel to the exit discharge.

(d) Exit discharge is the portion of a means of egress between the termination of an exit and a safe area of refuge outside of the building or structure which has direct access to a public street or thoroughfare or an open area with unrestricted access to a public street or thoroughfare.

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.22 Exit accessibility standards.

(a) Either direct access to exits or safe and continous corridors or aisles leading directly to every exit and arranged so as to be conveniently accessible by every occupant shall be maintained and kept unobstructed on all floors of buildings.

(b) Travel distances shall be measured in the following manner:

(1) Exits shall be so arranged that the total length of travel from any point to reach an exit will not exceed 150 feet.

(2) Exits shall be so arranged that one exit is not more than 200 feet from another exit.

(3) Dead ends and occupancy areas with access to a single exit shall not exceed 75 feet measured as a radius with the center of the circle being the exit.

(4) Travel distances may be increased to the following in buildings totally protected by an automatic sprinkler system installed in accordance with NFPA-13, 1983 Edition.

(i) 200 feet from any point to an exit.

(ii) 300 feet between exits.

(iii) 100 feet for dead ends and areas with a single path of egress.

(c) Exit access corridor means a corridor which is separated from all other rooms or spaces by full height partitions (floor to ceiling). Exit access corridors shall lead directly to exits. This definition is not intended to restrict the use of open plan floor arrangements. It is intended to provide protected exit access where floor areas are separated from each other by floor to ceiling partitions.

(d) All means of egress shall be properly illuminated, either naturally or artificially, during all periods of occupancy.

(e) All exits shall be marked by a readily visible sign. Access to exits shall be marked by readily visible signs indicating the direction of travel where the exit or way to reach it is not immediately visible to the occupants.

(f) Every exit sign shall have ‘‘EXIT’’ printed in plainly legible letters not less than 6 inches high with the principal strokes of letters not less than 3/4 inch wide.

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.23 Means of egress capacity.

(a) A unit of width is the required width for one person or a single line of persons to exit from a building.

(b) The units of width table shall be as follows:

An additional 10 inches shall be required for each 1/2 unit of width above 2 1/2 units. Credit for units of width shall not be given for a fractional part other than 1/2 unit.

(c) Doorways shall have a minimum clear opening of 32 inches except as indicated in § § 50.25(q) (relating to stair towers) and 50.26(q) (relating to intercommunicating stairways).

(d) The capacity in number of persons per unit of width for approved components of means of egress shall be 60 persons. Buildings protected by automatic sprinkler systems shall be allowed 90 persons per unit of width.

(e) The following table lists the maximum permissible square feet per person for the purpose of determining the minimum number of units of exit:

Net floor area shall be taken to mean all usable floor space, including all areas occupied by equipment or furnishings, but not including corridors, toilet rooms, and such other accessory rooms as may be provided.
Bleachers or benches without arms between seats shall be computed on the basis of not more than one person for every 18 inches in length of the bleachers or bench.

This section cited in 34 Pa. Code § 51.23 (relating to means of egress capacity); 34 Pa. Code § 52.23 (relating to means of egress capacity); 34 Pa. Code § 53.23 (relating to means of egress capacity); 34 Pa. Code § 54.23 (relating to means of egress capacity); 34 Pa. Code § 55.23 (relating to means of egress capacity); 34 Pa. Code § 56.23 (relating to means of egress capacity); 34 Pa. Code § 57.23 (relating to means of egress capacity); 34 Pa. Code § 58.23 (relating to means of egress capacity); and 34 Pa. Code § 59.23 (relating to means of egress capacity).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.24 Exit doors and exit access doors.

(a) Doors used in connection with exits, exit discharge or exit access shall be of substantial construction, installed in a workmanlike manner, fitted with reliable hardware and shall be of the side-hinged, vertical hung, swinging type.

(b) Exit, exit access and exit discharge doors shall swing out with the exit travel except that exit access doors from individual rooms need not swing with exit travel when the room occupancy is less than 50 persons.

(c) Doors which lead into the path of travel from other areas shall be located so that they do not encroach more than 8 inches upon the required width of such path of travel when at their full open position.

(d) All exit and exit discharge doors shall be provided with panic hardware or fire exit hardware.

(1) The actuating portion of the panic hardware or fire exit hardware shall be a minimum of 1/2 of the width of the door leaf and shall be mounted between 30 inches to 44 inches above the floor. The latch shall be released when a force not to exceed 15 pounds is applied to the actuating device in the direction of exit travel. No lock or other device which prevents egress shall be permitted on the doors during any period of occupancy.

(2) Main entrance doors do not require panic hardware when the doors are unlocked and ready for use when the building is occupied. Not more than one door or group of doors at one location can be considered as main entrance doors.

(e) All doors shall have a minimum clear width opening of 32 inches. All doors required by Chapters 49-59 (relating to administration—buildings; general requirements—buildings; A-1 assembly; Division A-2 assembly; Division A-3 assembly; Group B educational; Division C-1 health care institutions; Division C-2 hotels, motels, apartment buildings; Division C-3 small group habitation; Division C-4 single exit apartments; Division C-5 prisons, jails, reformatories, and houses of corrections; Division D-O ordinary commercial, industrial, office; and D-H hazardous commercial, industrial, office) shall be a minimum of 6 feet, 8 inches in height.

(f) All exterior doors leading to grade shall have a landing at least 3 feet square but in no case may the landing be smaller than the door which it serves.

(g) Stairs shall be provided where the exterior grade is more than 8 inches below the floor level. These stairs shall comply with § 50.26 (relating to intercommunicating stairway).

(h) Every door to a stairway shall have a landing on both sides of the door at least as wide as the stair.

(i) Approved collapsible revolving doors may be used as exits; however, they may not constitute more than 50% of the required exit width. The clear width of the opening, when the doors are in a collapsed position, shall be used in determining the number of units of width to be allowed for each revolving door.

This section cited in 34 Pa. Code § 51.24 (relating to exit doors); 34 Pa. Code § 52.24 (relating to exit doors); 34 Pa. Code § 53.24 (relating to exit doors); 34 Pa. Code § 54.24 (relating to exit doors); 34 Pa. Code § 55.24 (relating to exit doors); 34 Pa. Code § 56.24 (relating to exit doors); 34 Pa. Code § 57.24 (relating to exit doors); 34 Pa. Code § 58.24 (relating to exit doors); and 34 Pa. Code § 59.24 (relating to exit doors).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.25 Stair towers.

(a) A stair tower shall be a stairway which is separated from all floors or areas of the building. Stair towers shall lead directly to grade by an exit discharge.

(b) Stair towers shall be Class A or Class B types in accordance with the following table:

(c) The minimum width of landings shall be the same width as the stairs they serve. Intermediate landings on straight run stairs shall have a minimum length of 3 feet.

(d) The narrowest width in a stairway or landing serving a stairway shall determine the units of width for the entire stairway.

(e) There shall be no variation in the width of treads or the height of risers in any flight. Variation in height of risers in adjacent flights shall not exceed 1/4 inch. All treads less than 10 inches, as measured horizontally between the face of risers, shall have an effective projection of approximately 1 inch beyond the face of the riser below.

(f) Where material of stair treads and landings is such as to present a danger of slipping, nonskid material shall be applied.

(g) No arrangement of treads known as winders shall be permitted in required exit stairways.

(h) Stairways, landings, balconies, open sided floors, and the like shall have well-secured handrails. The clear distance between handrail and wall or other obstruction shall be not less than 1 1/2 inches. Longitudinal rails or balusters or both shall be provided. Balusters shall be spaced not more than 6 inches apart. Longitudinal rails shall not exceed 6 inches measured at right angles to the rails. The lowest rail shall be measured vertically from the tread nosing.

(i) Handrails on stairs shall be not less than 30 inches nor more than 34 inches above the upper surface of the tread, measured vertically to the top of the rail, from a point on the tread 1 inch back from the leading edge.

(j) Handrails shall be provided on any stair landing, balcony, ramp, aisle, and the like located along the edge of open sided floors or mezzanines to prevent falls over the open side. Railings protecting open sides of landings, balconies, mezzanines, and the like shall be at least 42 inches high.

(k) Storage or obstructions of any kind shall not be permitted in stair towers.

(l) A door opening into a stair tower shall at no point in its swing reduce the required units of width of the stair or landing.

(m) Every door to a stairway shall open onto a landing at least as wide as the stairs.

(n) Doors and frames used in connection with stair towers shall be of approved label and be of substantial construction, installed in a workmanlike manner, fitted with reliable hardware of approved label and shall be of the side hinged, swing type.

(o) Stair tower doors shall swing with the exit travel.

(p) Stair tower doors shall be provided with fire exit hardware. Exterior doors from stair towers may have panic hardware instead of fire exit hardware. No lock or other device which prevents egress shall be permitted on the doors during any period of occupancy.

(q) Stair tower doors shall be a minimum of 32 inches in width. Doors used in connection with stair towers shall be a minimum of 6 feet, 8 inches in height.

(r) Outside stairs shall be considered an exit when they meet the following conditions:

(1) Outside stairs shall meet the conditions listed in subsections (b)—(d), (f)—(j) and (l)—(q).

(2) Outside stairs shall only serve as an exit for floors three or fewer stories above grade.

(3) Outside stairs shall be accessible and unobstructed at all times of occupancy.

(4) Outside stairs shall be of substantial construction and installed in a workmanlike manner. Combustible construction may be used when floor panels are permitted to be combustible construction in the construction tables. Wood stringers shall be a minimum size of 2 inches by 10 inches stock material when treads are butt nailed or a minimum of 2 inches by 12 inches stock material when the stringers are sawed to accommodate the treads.

(5) Handrails shall be provided on both sides of outside stairs except that a handrail is not required along a solid wall when the dimensions from the exterior handrail to the solid wall is 36 inches or less.

(6) The building exterior wall shall be fire rated in accordance with the rating required for exterior walls in § 50.11 (relating to construction tables).

(7) All doors opening onto the outside stair and door assemblies located within 10 feet of any portion of the outside stair shall have a fire rating the same as the rating required for the exterior wall except that a door located at the top of the outside stair need not be fire rated. All other openings within 10 feet of either side or below the outside stair shall be glazed with 1/4 inch wire glass in steel frames.

This section cited in 34 Pa. Code § 50.23 (relating to means of egress capacity); 34 Pa. Code § 51.25 (relating to stair towers); 34 Pa. Code § 52.25 (relating to stair towers); 34 Pa. Code § 53.25 (relating to stair towers); 34 Pa. Code § 54.25 (relating to stair towers); 34 Pa. Code § 55.25 (relating to stair towers); 34 Pa. Code § 56.25 (relating to stair towers); 34 Pa. Code § 57.25 (relating to stair towers); 34 Pa. Code § 58.25 (relating to stair towers); and 34 Pa. Code § 59.25 (relating to stair towers).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.26 Intercommunicating stairway.

(a) Intercommunicating stairways are stairways which connect two or more floor levels of a building. They may be open to one floor level. They are not required to discharge directly to grade. Intercommunicating stairways shall comply with subsections (b)—(q) when used as a required means of egress.

(b) Intercommunicating stairways shall be Class A or Class B types in accordance with the following table:

(c) The minimum width of landings shall be the same width as the stairs they serve. Intermediate landings on straight run stairs shall have a minimum length of 3 feet.

(d) The narrowest width in a stairway or landing serving a stairway shall determine the units of width for the entire stairway.

(f) Where material of stair treads and landings is such as to present a danger of slipping, nonskid material shall be applied.

(g) No arrangement of treads known as winders shall be permitted in required exit stairways.

(h) All stairways, landings, balconies, open sided floors, and the like shall have well secured handrails. The clear distance between handrail and wall or other obstruction shall be not less than 1 1/2 inches. Longitudinal rails or balusters or both shall be provided. Balusters shall be spaced not more than 6 inches apart. Longitudinal rails shall not exceed 6 inches measured at right angles to the rails. The lowest rail shall be measured vertically from the tread nosing.

(k) Storage or obstructions of any kind shall not be permitted in stairways.

(l) A door opening into a stairway shall at no point in its swing reduce the required units of width of the stair or landing.

(m) Every door to a stairway shall open onto a landing at least as wide as the stairs.

(n) Doors and frames used in connection with stairways shall be of approved label and be of substantial construction, installed in a workmanlike manner, fitted with reliable hardware of approved label and shall be of the side hinged, swinging type.

(o) Stairway doors shall swing with the exit travel.

(p) Stairway doors shall be provided with panic hardware or fire exit hardware. No lock or other device which prevents egress shall be permitted on such doors during any period of occupancy.

(q) Stairway doors shall be a minimum of 32 inches in width. All doors used in connection with stairways shall be a minimum of 6 feet, 8 inches in height.

This section cited in 34 Pa. Code § 50.23 (relating to means of egress capacity); 34 Pa. Code § 50.24 (relating to exit doors and exit access doors); 34 Pa. Code § 50.94 (relating to fixed seating); 34 Pa. Code § 53.26 (relating to intercommunicating stairways); 34 Pa. Code § 55.26 (relating to intercommunicating stairways); 34 Pa. Code § 56.26 (relating to intercommunicating stairways); and 34 Pa. Code § 58.26 (relating to intercommunicatng stairways).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.27 Ramps.

(a) A ramp shall be permitted as a means of egress when it conforms to the following table:

(b) Changes in direction of travel shall be made only at landings.

(c) Ramps which connect two or more floor levels shall comply with the same door, handrail and enclosure requirements as stair towers.

(d) Sloped surfaces of less than 5.0% shall not be considered ramps.

This section cited in 34 Pa. Code § 51.27 (relating to ramps); 34 Pa. Code § 52.27 (relating to ramps); 34 Pa. Code § 53.27 (relating to ramps); 34 Pa. Code § 54.27 (relating to ramps); 34 Pa. Code § 55.27 (relating to ramps); 34 Pa. Code § 56.27 (relating to ramps); 34 Pa. Code § 57.27 (relating to ramps); 34 Pa. Code § 58.27 (relating to ramps); and 34 Pa. Code § 59.27 (relating to ramps).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.28 Horizontal exits.

(a) A horizontal exit is a 2-hour fire wall with one or more openings protected by 1 1/2-hour door assemblies which permit passage from one building or structure to another or area of refuge within the same building.

(b) Horizontal exits may constitute no more than 50% of the required units of exit.

(c) Fire walls which serve as horizontal exits shall extend to exterior walls or 2-hour fire walls. They shall not be dependent on any structural members of less than 2-hour fireresistance.

(d) A horizontal exit shall have at least one door which swings with the exit travel from each building section that it serves.

This section cited in 34 Pa. Code § 51.28 (relating to horizontal exits); 34 Pa. Code § 52.28 (relating to horizontal exits); 34 Pa. Code § 53.28 (relating to horizontal exits); 34 Pa. Code § 54.28 (relating to horizontal exits); 34 Pa. Code § 55.28 (relating to horizontal exits); 34 Pa. Code § 56.28 (relating to horizontal exits); 34 Pa. Code § 58.28 (relating to horizontal exits); and 34 Pa. Code § 59.28 (relating to horizontal exits).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.29 Escalators.

Escalators used as a means of egress shall conform with all of the following standards:

(1) Maximum uninterrupted vertical travel of one story.

(2) An escalator 24 inches in width or larger shall be considered a maximum of one unit of width.

(3) Escalators shall be of the horizontal tread type.

(4) Escalators shall not exceed 50% of the required units of exit.

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.31 Vertical openings 9 square feet or more.

Walls and partitions enclosing vertical openings 9 square feet or more shall be constructed as set forth in the following table:

This section cited in 34 Pa. Code § 50.32 (relating to vertical openings less than 9 square feet); 34 Pa. Code § 51.31 (relating to vertical openings); 34 Pa. Code § 52.31 (relating to vertical openings); 34 Pa. Code § 53.31 (relating to vertical openings); 34 Pa. Code § 54.31 (relating to vertical openings); 34 Pa. Code § 55.31 (relating to vertical openings); 34 Pa. Code § 57.31 (relating to vertical openings); 34 Pa. Code § 58.31 (relating to vertical openings); and 34 Pa. Code § 59.31 (relating to vertical openings).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.32 Vertical openings less than 9 square feet.

Shafts less than 9 square feet in area not complying with § 50.31 (relating to vertical openings 9 square feet or more) shall have enclosing walls or be lined with sheet metal having lock jointed or riveted seams and joints. Combustible material, partitions, and floors through which shafts pass shall be kept at least 3 inches from the metal lining or shall be protected by the equivalent of 3/8 inch of plaster or plaster board. Openings between shafts and the floor construction through which they pass shall be filled with noncombustible material, securely held in place to prevent the passage of fire. Doors opening into the vertical shafts shall be of metal or shall be covered on the shaft side by the equivalent of 1/4 inch of asbestos and not less than 26 gauge steel turned around all edges and securely fastened to the door.

This section cited in 34 Pa. Code § 51.31 (relating to vertical openings); 34 Pa. Code § 52.31 (relating to vertical openings); 34 Pa. Code § 53.31 (relating to vertical openings); 34 Pa. Code § 54.31 (relating to vertical openings); 34 Pa. Code § 55.31 (relating to vertical openings); 34 Pa. Code § 57.31 (relating to vertical openings); 34 Pa. Code § 58.31 (relating to vertical openings); and 34 Pa. Code § 59.31 (relating to vertical openings).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.33 Fire door assemblies.

Fire door assemblies in vertical openings shall be self-closing, latching, and normally kept closed. Electromagnetic hold open devices may be approved by the Department where all of the following conditions are met:

(1) Upon release, the door becomes self-closing.

(2) An approved release device is provided, so arranged that upon interruption of electric current, the door will be released.

(3) The release device is so designed that the door may be instantly released manually by some simple and readily obvious operation, and upon release the door becomes self-closing.

(4) The electric current will be positively interrupted by one or more of the following methods:

(i) The operation of an approved automatic sprinkler system which protects the entire building, including both sides of any horizontal exit.

(ii) The operation of an approved automatic fire alarm system installed to protect the entire building.

(iii) By the operation of approved smoke detectors installed in such a way to detect smoke or other products of combustion on either side of the door opening.

This section cited in 34 Pa. Code § 51.31 (relating to vertical openings); 34 Pa. Code§ 52.31 (relating to vertical openings); 34 Pa. Code § 53.31 (relating to vertical openings); 34 Pa. Code § 54.31 (relating to vertical openings); 34 Pa. Code § 55.31 (relating to vertical openings); 34 Pa. Code § 57.31 (relating to vertical openings); 34 Pa. Code § 58.31 (relating to vertical openings); and 34 Pa. Code § 59.31 (relating to vertical openings).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.34 Exterior openings.

Exterior openings in vertical shafts which require a minimum 1-hour fire-resistive rating shall be of incombustible construction with all glazed portions being 1/4 inch wire glass in steel frames when such openings are within 10 feet of any other openings in a vertical or horizontal plane.

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.41 Definitions.

Interior finish is the exposed interior surfaces of a building. Paint, wallpaper not more than 1/28 inch thick and similar wall finishes having no greater fire hazard than wallpaper shall not be considered interior finishes. Decorations and furnishings are not considered interior finishes.

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.42 Basic material used.

The classification of interior finish materials shall be that of the basic material used without regard to subsequently applied paint or wallpaper not more than 1/28 inch thick.

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.43 Classification.

(a) NFPA Standard. Interior finish materials shall be classified in accordance with NFPA Standard 255, tests of surface burning characteristics of building materials, 1979 Edition as listed in this section.

(b) Class A Interior Finish. Flame Spread 0-25 includes any material classified at 25 or less on the test scale. Any element thereof when so tested shall not continue to propagate fire.

(c) Class B Interior Finish. Flame Spread 26-75 includes any material classified at more than 25 but not more than 75 on the test scale.

(d) Class C Interior Finish. Flame Spread 76-200 includes any material classified at more than 75 but not more than 200 on the test scale.

(e) Exposed portions of structural wood members complying with the size requirements in § 50.11(c) (relating to construction tables) shall not be considered interior finishes.

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.51 Manual system.

(a) A manual fire alarm system is a system that consists of manual pull stations, signaling devices, power source, control panel and other related components which is designed to provide notification to all building occupants.

(b) Manual pull stations shall be installed on each floor including basements, penthouses and equipment rooms. The pull stations shall be installed at each point of egress from a floor area within 5 feet of the exit.

(d) Noncoded, selective coded, or zone coded alarm systems may be installed. When coded systems are used, there shall be a minimum of four rounds of a four-pulse or more code that is indicative of the area of alarm initiation. The alarm system shall be installed in such a way that simultaneous alarms from different stations or zones will not cause a confused or jumbled code. The maximum number of different audible codes in any one facility shall be 150 except where the installation means would permit five or more simultaneously received alarms to sound successively without loss of a round from any alarmed station.

(e) All types of manual pull stations shall be wired and connected in such a way so that a single open will only indicate a trouble condition and not initiate a general alarm.

(f) Manual fire alarm systems shall comply with § § 50.53, 50.55, and 50.56 (relating to general fire alarm requirements, maintenance, and testing new equipment).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.52 Automatic system.

(a) An automatic fire alarm system is a system designed to detect products of combustion and provide automatic notification to all building occupants. It shall be composed of detection devices, alarms, power source, wiring, and other related components as necessary. All detection devices shall be listed as meeting U.L. 268, 1981 Edition.

(b) Automatic detectors shall be installed to comply with the requirements of the applicable occupancy division.

(c) Automatic detectors shall be securely mounted on outlet boxes. Detectors shall not be recessed into the mounting surface unless they have been tested and listed for recessed mounting. Detectors may be ceiling or side wall mounted with a minimum of 4 inches clearance from a ceiling to wall jointure measured from the jointure to the top of the detector. Side wall mountings shall not exceed 12 inches measured from the ceiling and side wall jointure to the top of the detector.

(d) Automatic detectors shall be installed within the spacings or coverage used in the testing and listing of the detectors by any of the accepted independent testing agencies. The following considerations shall be made when determining spacing:

(1) Smooth ceilings. Normal spacings up to heights of 12 feet or less shall be used. Reduced spacing for areas over 12 feet in height shall be used.

(2) Sloped ceilings. Detectors within 3 feet of the peak, measured horizontally, with additional required detectors at normal spacings based on horizontal measurements shall be used.

(3) Beamed ceilings. Beams over 8 inches in depth shall reduce normal detector spacings. Beams over 18 inches in depth and on 8 feet or more centers shall have each bay treated as a separate area requiring a minimum of one automatic detector.

(4) Partitions. Partitions that extend to within 18 inches of the ceiling will not influence detector spacing. Partitions less than 18 inches from the ceiling may affect detection capabilities requiring reduced detector spacing.

(5) Corridors. When spacing detectors in corridors, the distance from the end wall of the corridor to the first detector shall not exceed 1/2 of the maximum distance allowed between first and second detectors in the corridor. The maximum distance allowed between the first and second detectors in a corridor shall be based on the spacing used when the detector was tested for listing by the accepted independent testing agency.

(6) Detector spacing for electromagnetic hold open devices. When doors are held open by electromagnetic devices, automatic detectors shall be installed at each location. A minimum of one automatic detector is required when the distance from the top of the door to the ceiling is 24 inches or less. Automatic detectors are required on both sides of the door when the distance from the top of the door to the ceiling is over 24 inches. The mounting distance of the automatic detector from the door shall not be less than the distance measured from the top of the door to the ceiling with a minimum distance of 12 inches and a maximum distance of 5 feet. The detectors may be side wall or ceiling mounted with a preference for ceiling mounting. Approved automatic closing devices with built-in hold open mechanism and detector may be used in lieu of wall or ceiling mounted devices.

(7) Special areas. The Department may approve alternative spacing of automatic detectors in special areas for specific hazards.

(e) Automatic fire detectors shall be classified into one of the four groups as follows:

(1) Heat fire detectors are devices that are designed to be sensitive to the rise in temperature produced by a burning substance. Heat detectors are generally classified as fixed temperature detection units, rate compensation detection units and temperature rate-of-rise detection units.

(i) Fixed temperature detection units may be the bimetallic, electrical conductivity, fusible alloy, heat sensitive cable, liquid expansion or other approved types that will respond when its operating element becomes heated to a predetermined level. When automatic fire detection is required, fixed temperature detection units shall be installed in boiler rooms, kitchens and other high heat or varying temperature areas where the normal or occasional environment prohibits the use of more sensitive fire detectors. The fixed temperature sensing setting shall be commensurate with the area installed.

(ii) Rate compensation detection units are to be considered for use in the same areas as required for fixed temperature detection units.

(iii) Rate-of-rise heat detection units may be the pneumatic spot-type or thermoelectric effective type heat detection units that respond when the temperature around the unit rises at a rate exceeding a predetermined amount. When automatic fire detection is required, rate-of-rise heat detection units shall be installed in lavatories, closets 25 square feet or less and other areas where the normal or occasional environment would prohibit the installation of more sensitive fire detectors. Rate-of-rise heat detection units may be installed with combination fixed temperature elements.

(2) Smoke detectors are devices which detect visible or invisible particles of combustion. Operating principles of smoke detectors may be the photoelectric light scattering type, photoelectric light obscuration type, projected beam type, ionization type utilizing radioactive material, resistance bridge type or cloud chamber type. When automatic fire detection is required, smoke detection units shall be installed in all occupied and unoccupied spaces not protected with other type fire detectors or fire suppression systems. Under certain hazards, the department may require smoke detectors in addition to a fire suppression system. Smoke detectors may be utilized as combination units with heat detectors or other fire detection units.

(3) Duct mounted fire detectors are devices designed to be sensitive to fire conditions in ducts utilized for heating, ventilating, air conditioning or other purposes. Duct mounted fire detectors may be classified as heat duct detectors or smoke duct detectors.

(i) When an automatic fire detection system is required in a building, air duct systems between 2,000 and 15,000 CFM shall have a heat detector installed at such a duct location that the flowing fire temperatures will be sensed during all modes of operation of the air duct system. Air duct systems over 15,000 CFM shall be equipped with duct heat detectors and smoke duct detectors, installed at such duct locations that the flowing fire temperatures will be sensed during all modes of operation of the air duct system. Not less than one heat detector and one smoke detector shall be installed in each system, additional detectors shall be added if needed to sense all modes of operation.

(ii) A smoke duct detector shall be installed in all ducts that penetrate a smoke barrier partition and connect to a smoke damper for automatically restricting the spread of smoke in that particular duct.

(iii) All duct mounted fire detectors shall be connected to the building manual or automatic fire alarm system. When a duct detector alarms, it shall automatically shut down its associated supply fan and any associated smoke dampers to restrict the spread of heat and smoke through the air duct system.

(iv) Ducts having an automatic extinguishing system shall not be required to have heat or smoke duct detectors but shall operate the fire alarm system, supply fans and dampers as described in this paragraph.

(4) The Department may require other detectors which would include fire detectors not mentioned in the above classifications such as flame detectors, fire-gas detectors or other fire detectors which are sensitive to a specific fire related phenomenon.

(f) Automatic fire alarm systems shall comply with § § 50.53, 50.55 and 50.56 (relating to general fire alarm requirements; maintenance; and testing new equipment).

This section cited in 34 Pa. Code § 55.52 (relating to automatic systems); 34 Pa. Code § 55.82 (relating to large personal care homes); and 34 Pa. Code § 57.52 (relating to automatic alarms).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.53 General fire alarm requirements.

(a) Plan approval. Approval for fire alarm systems shall be obtained at the same time as the building approval. See Chapter 49 (relating to administration). Three sets of plans showing the location of manual stations, automatic detection units, control or other panels, signaling devices and other required equipment shall be submitted for approval. The location of these devices may be incorporated on the architectural floor plans or may be on fire alarm or electrical wiring plans. The approval issued by the Department is only for the location of the equipment. Only equipment approved by the Department shall be used.

(b) Control panels. Control panels are required for manual and automatic fire alarm systems. A common control pannel may be installed where both are used.

(1) Operation. The primary function of the fire alarm control panel is to monitor alarm initiating devices such as manual stations, automatic detectors, sprinkler flow switches or other devices and cause upon alarm activation the operating of signaling devices to alert building occupants of possible danger from fire. Auxiliary functions such as fire company reporting, air handling systems start-up or shutdown, smoke barrier door closing, elevator capture and return and remote annunciation are secondary functions of the system and shall be given lower priority within the control panel operations. The control panel shall be designed with sufficient power capacity to operate all primary and secondary functions of the system simultaneously. Wherever both a manual fire alarm system and an automatic fire alarm system are used, all alarm indicating devices shall sound on an alarm origination in either system.

(2) Location. A fire alarm control panel shall be installed in a heated room with a clean, dry environment. The control panel shall be located in such a manner to protect it from tampering by installing it in a locked room or with a locked control panel door that is accessible only to authorized building personnel.

(1) Manual and automatic fire alarm systems shall be designed with a minimum of one zone per floor. Manual and automatic devices may be connected to the same zone. Additional zones shall be provided for floor areas that exceed 20,000 square feet or areas exceeding 200 feet in any direction.

(2) When a zone is initiated, the zone indicator on the fire alarm control panel and any remote annunciators shall lock-in and continuously display the alarm condition until the actuated devices are reset and a system reset switch is activated.

(3) A maximum of 30 alarm initiating devices may be connected within a single zone.

(d) Annunciators.

(1) When required. Annunciators shall be installed in manual and automatic fire alarm systems when more than one zone is required.

(2) Locations. Annunciators shall be installed so that they are readily accessible for viewing alarm conditions. Annunciators shall not be in locked rooms, closets or other areas unless building personnel are available at all times to provide access.

(3) Types. Annunciators that indicate alarm zones may be one or a combination of the following types:

(i) Lamp illumination type. The actuation of an alarm zone illuminates the appropriate lamp. Each zone lamp shall be identified by a label or an adjacent zone chart describing the alarm zone.

(ii) Graphic type. The annunciator is represented by a panel that illustrates the building and zone layout. Either the graphic zone or adjacent lamp shall illuminate to designate the area of alarm.

(iii) Window drop type. The actuation of an alarm zone shall cause a window to mechanically or electrically drop to indicate the zone.

(iv) Cathode Ray Tube (CRT) display. A zone in alarm is represented by a numeric, English language or combination display on an electronic cathode ray tube.

(v) Hard copy print-out. The alarm zone is represented by a numeric, English language or combination print-out on hard copy paper. The printer shall include paper advance that would allow multiple zones to print without overprinting.

(4) Operation. Alarm conditions on any of the annunciators shall lock-in or maintain their alarm identification status until the device that initiated the alarm is reset and a system reset switch actuated. Control panels that indicate all the zones may serve as the annunciator if properly located for accessibility. Provisions shall be made to test all zone indicators without actuating the alarm devices. Trouble signals, system reset, bypass and other fire alarm system functions may be included with annunciator panels.

(5) Hard copy printing.

(i) When required. Hard copy printers shall be installed in manual and automatic detection fire alarm systems when 50 zones or more are required. If multi-function systems are used, fire alarm system alarms shall have priority and be readily distinguished from all other signals. If the multi-function system is not prioritized, a separate printer shall be used for fire alarm functions only. The order of priority shall be as follows:

(A) Fire alarm and process alarm.

(B) Supervisory and fire trouble signals.

(D) Other signals.

(ii) Locations. Hard copy printers shall be installed in locations that are generally supervised by building personnel to prevent tampering and vandalism by unauthorized persons. If a printer is utilized for annunciation purposes, its accessibility to fire service and building officials shall be considered.

(iii) Operation. Hard copy printers shall provide positive documentation of all fire alarm conditions within the system. The documentation shall include a printed record of date, time of day, and a method of identifying the zone of alarm initiation. The zone identification may be by precoded punched holes, numeric or English language print. Printers shall be positive in operation with circuits designed to prevent confused documentation and shall store simultaneous alarm signals so that all alarm zones will be recorded.

(e) Signalling devices.

(1) Audible signalling devices shall be installed in all occupancies required to have a manual or automatic fire alarm system.

(i) Types. Audible signalling devices may be any approved bell, horn, chime, buzzer, siren or speaker. Signalling devices shall be electrically operated with wiring to the devices supervised for opens, shorts or grounds. Trouble conditions on the supervised circuits shall be indicated on the system fire alarm control panel.

(ii) Locations. Audible signalling devices shall be installed so that they can be heard above all other normal ambient noises in every occupied space of the facility. Calculations shall be made when placing audible signalling devices for a minimum of three decibels (dba) above the normal ambient noise levels. Considerations shall be made for surrounding acoustics, ceiling heights, room door penetrations, and ambient noise levels.

(iii) Usage. Audible signalling devices shall be of a distinctive sound and pitch from any other signalling devices used in the area. No more than one type of fire alarm signalling device may be used in an area. Audible signalling devices may be used for other purposes, providing fire alarm signalling has priority, and the alternate use signal is of a different sound and pitch.

(iv) Mounting. Audible signalling devices shall be mounted as close as practical to the ceiling in areas with ceilings 8 feet or less. In areas with higher ceilings, the audible signalling devices shall be installed at 8 feet. Signalling devices that provide adequate sound levels may be installed above the 8 foot height in large open areas.

(2) Visual signalling devices may be required by the Department in occupancies that shelter, employ, treat or provide entertainment for persons with known hearing impairments.

(i) Types. Visual signalling shall flash on and off when activated or in a manner that clearly signifies an alarm condition. The visual indicators shall be red or white with ‘‘Fire’’ inscribed. Strobe flashing is permitted providing the flash rate is outside the rate that affects persons with epileptic conditions. Visual signalling devices may be installed as combination units with audible signalling devices.

(ii) Locations. Visual signalling devices shall be installed so that they can be seen during alarm conditions from any point within corridors and large open areas. If smoke barrier sections are provided, a minimum of one visual signalling unit shall be provided in each smoke barrier section. In addition, visual signalling devices shall be installed in classrooms, apartments or other areas where it is known that persons with hearing impairments will normally reside or function in without the presence of persons with normal hearing capabilities.

(iii) Mounting. Visual signalling devices in corridors may be side wall or ceiling mounted within a maximum height of 8 feet above the finished floor. Visual signalling units that are designed for large open areas may be above the 8 foot height providing they are visible from all points of the area they are intended to cover.

(3) Presignal systems may only be used in special applications approved by the Department. When presignal systems are used, a method of initiating a general alarm shall be provided at each pull station and the control panel location.

(f) Supervision. Fire alarm control panels shall provide electrical supervision for all alarm initiating circuits, signalling circuits and normal operating power supplies. Supervision shall include wiring from the control panel terminations to the terminations of all the devices on the circuits.

(1) Trouble signals shall comply with the following:

(i) An open or grounded condition in these circuits shall cause a trouble signal to sound at the control panel.

(ii) The trouble signal shall be distinctive in sound from alarm signals, continuous in operation and may be common to all supervised circuits in a single system.

(iii) A trouble signal silence switch is permitted providing its operation transfers the trouble indication to a lamp or other visible indicator that remains on until the trouble condition is corrected. The trouble signal silence switch shall be electrically arranged so that the trouble signal will sound if the switch is in the silence position and no trouble exists in the system.

(iv) Trouble signals shall be installed at each fire alarm control panel either mounted in the control panel or mounted adjacent thereto. If the control panel is located in an area not regularly frequented by building personnel, additional trouble signals shall be installed in areas where they will be readily heard by building authorities.

(2) A single break or a single ground fault in any of the electrically supervised alarm initiating circuits or interruption and restoration of the main or secondary source of power to the control panel shall not cause signalling devices to operate. Trouble signals shall operate only on any of the conditions in this paragraph.

(3) Two wire circuits utilizing end-of-line supervisory devices or four wire circuits allowing for McCulloh operation are permitted for alarm initiating circuits. When end-of-line devices (E.O.L.) are used, the alarm initiating units containing the E.O.L. devices shall be clearly marked.

(4) In voice communication systems where speakers are used to produce audible fire alarm signals, a failure of a pre-amp unit, tone generator or audio amplifier shall cause a trouble signal on the control panel except pre-amps, tone generators, or audio amplifiers enclosed as integral parts serving only a single speaker. In these systems, the wiring to speakers shall be electrically supervised as in other signalling devices.

(g) Power source. Fire alarm systems shall be powered from two sources of electrical supply voltages.

(1) The main source of operating voltage shall be connected to the load side of the main service of commercial power or the main distribution service of an isolated power plant located on the premises. The connection shall be made through an overcurrent protective device in an approved manner with the overcurrent protective device lockable and conspicuously identified with the designation ‘‘Fire Alarm Supply.’’

(2) The second source of power may be one of the following:

(i) A generator set approved for emergency lighting power sized to accommodate the total load of its intended use including the fire alarm system. The fuel supply shall be sufficient to operate the auxiliary generator for a minimum of 12 hours with refueling available on short notice for an additional 12 hour period.

(ii) The second source or back-up power may be by the utilization of storage batteries located in the control panel or as near as possible in a separate cabinet adjacent to the control panel. Batteries used for fire alarm systems shall be designed for their intended use and shall not supply power or be used for other purposes. The transfer from loss of normal power to back-up battery source shall be automatic.

(A) Batteries shall be sized to operate the entire fire alarm system under normal load for a minimum of 24 hours during normal power outages with sufficient power to operate alarm signalling devices a minimum of 5 minutes after the 24 hour period.

(B) Automatic charging circuits shall be provided for recharging the batteries after use and for maintaining the batteries at full charge under conditions of normal power applied.

(h) Approved equipment. Detection devices, alarm indicating devices, control panels, and connected components of the fire alarm systems shall be listed by Underwriters’ Laboratories or approved by Factory Mutual or other accredited agency accepted by the Board. All such items shall be listed or approved for the purpose of its intended use and shall be installed in a manner not to exceed the maximum approved specifications.

(i) Wiring. Wiring and installation work shall be performed in accordance with the 1981 National Electrical Code as adopted by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269.

(j) Elevator detectors in a building that has a manual or automatic fire detection system. Elevator recall detectors shall be interconnected to the fire alarm control panel for monitoring alarm and trouble conditions. This monitoring shall be in addition to the operation for elevator recall.

(k) Automatic extinguishing systems. Buildings required to have automatic extinguishing systems and fire alarm systems shall comply with the following:

(1) Operation of an automatic extinguishing system shall cause the initiation of the fire alarm system.

(2) The closing of shut off valves shall operate the fire alarm trouble signal in a manner that does not disturb supervision of an alarm initiating or indicating circuits.

This section cited in 34 Pa. Code § 50.51 (relating to manual system); and 34 Pa. Code § 50.52 (relating to automatic system).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.55 Maintenance.

(a) Fire alarm systems shall be maintained in operating condition at all times. To assure operation, all items in the system shall be physically checked by persons who are familiar with the equipment and its proper operation.

(b) The following items shall be checked with a minimum of once each year. Documentation shall be maintained on the following and shall be available to the Department.

(1) Fire alarm control panels. Check supervisory operation in alarm initiating circuits, signalling circuits and operating power.

(2) Manual pull stations. Operate each manual pull station to test its alarm initiating capability. The test may be performed without operating signalling units or auxiliary functions.

(3) Automatic fire detectors. Operate each automatic detector that is not destroyed by testing. A minimum of 5.0% of fire detectors that are destroyed by testing shall be operated.

(4) Audible signalling units. Sound all audible signalling units to check that they can be heard in the area they are to cover. This test may be performed during scheduled fire drills.

(5) Annunciators. Operate all connected zone indicators.

(6) Auxiliary functions. Test all connected auxiliary functions such as elevator recall, fan shutdown, smoke barrier door closing, damper operation and any other required auxiliary functions for proper operation.

This section cited in 34 Pa. Code § 50.51 (relating to manual system); and 34 Pa. Code § 50.52 (relating to automatic system).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.56 Testing new equipment.

(a) New systems tests. Before a fire alarm system is placed into service, all equipment, including new equipment added to existing systems, shall be thoroughly tested for proper operation. Documentation shall be made of the tested devices and be made available to representatives of the Department for their review.

(b) Method of testing new equipment. The testing of new fire alarm systems shall include the operation of all manual pull stations, automatic fire detectors, audible signalling units, visual signalling units, control panels, annunciators, trouble signals, and required auxiliary function devices. Automatic fire detectors that are destroyed when tested or used shall have a minimum of one such device tested in each zone in such a way to assure proper circuit operations.

This section cited in 34 Pa. Code § 50.51 (relating to manual system); and 34 Pa. Code § 50.52 (relating to automatic system).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.57 Fire drills.

Fire drills should be conducted in all buildings required to have a manual or automatic fire alarm system. The drills should include the actuation of any of the alarm initiating devices, operation of signalling units and all required auxiliary functions. Fire drills conducted in hotels, motels and similar buildings are for staff training purposes and general alarms that would cause building evacuation should not be initiated during drills.

(1) Fire drills should be performed a minimum of once every 6 months. All drills should be held during normal occupancy times.

(2) Documentation should be kept of all fire drills indicating the date, time of day, system operation and occupant response remarks. This documentation should include the signature of the person conducting the fire drill.

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.58 Inspection and maintenance of detection devices in apartments.

(a) The owner, or the owner’s agent, shall inspect the automatic fire alarm devices located in individual apartments every 12 months to ensure that the devices are functioning properly.

(b) The following is the responsibility of the tenant, unless specified otherwise in the lease agreement. The tenant shall:

(1) Inspect and test the operation of the automatic fire alarm device at the beginning of the tenant’s occupancy and monthly thereafter.

(2) Replace batteries, if necessary, to keep the automatic fire alarm device operable and functioning properly.

(c) The tenant shall notify the owner, or the owner’s agent, if the automatic fire alarm device is not functioning properly.

(d) The owner, or the owner’s agent, shall notify tenants of their responsibilities under this section by delineating those responsibilities in the lease or rental agreement, or by written notice at the time the lease or rental agreement is presented to the tenant for signing, or by written notice prior to occupancy or release renewal where there is no written lease agreement.

(e) An owner of a building having one or more apartments who complies with the requirements of these regulations concerning automatic fire alarm systems is not responsible for damage or injury to a person or property due to, or as a result of, the misuse or tampering with the automatic detection device caused by a person other than the owner or the owner’s agent.

The provisions of this § 50.58 adopted August 7, 1992, effective August 8, 1992, 22 Pa.B. 4091.

This section cited in 34 Pa. Code § 49.2 (relating to jurisdiction and effective dates).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.61 General requirements.

(a) Approval. All emergency lighting systems installed to provide emergency illumination as required by this chapter shall be approved.

(b) Location. The emergency source of energy for illumination shall be a device installed within the building. Special permission may be granted by the Department to locate the emergency lighting system on the premises when not located within the building. The device shall be either an approved engine generator or approved battery system.

(c) Automatic control. The control of the emergency source shall be fully automatic and not dependent upon the manual operation of any switch or device. The emergency source shall supply power when a loss of normal source power occurs on any phase or line to a panel serving an area requiring emergency lighting due to breaker opening, fuse failure or removal, cable failure or similar conditions.

(d) Control panel functional requirement. Each emergency lighting system shall include an approved control panel for area protection. The control panel shall include low voltage sensing devices (three for three phase and one for one phase systems) capable of detecting a reduction in normal source voltage to approximately 80% of rated source voltage, coded visual indication of the space experiencing the power failure and isolated means for activating the emergency source. A break in any conductor feeding the control panel shall cause a failure indication.

(e) Control panel location. The control panel shall be of an approved type and shall be enclosed in a metal cabinet having a hinged door equipped with an effective lock and catch. The visual indicators of a failure shall be visible with or without opening the cabinet door. A nameplate affixed to the door of the cabinet shall designate the equipment as the area protection control panel. Suitable marking plates shall be provided at visual indicators to enable field marking of areas protected. The control panel shall be securely mounted in a clean dry location where it will be conspicuous and readily accessible at all times. Nonlocking type over-current devices are acceptable in all circuits to the control panel.

(f) Full illumination within 15 seconds. Emergency lighting systems shall provide full illumination within 15 seconds after normal source power failure.

(g) Nameplate. Emergency lighting systems shall be provided with a nameplate setting forth the name of the manufacturer, model number, and such other details as may be specifically mentioned in the special requirements for the different types of equipment. The nameplate shall be securely fastened to the equipment and shall not be removed.

(h) Permissible load. The total connected emergency load shall not be greater than that which the system is designed to carry for a period of 1 hour.

(i) Connection with normal supply. Except unit systems, emergency systems utilizing a device which makes the system inoperative when the building is not occupied shall be connected so that some of the normal circuits necessary for illumination, in each location requiring emergency illumination, cannot be used unless the emergency source is ready for use.

(j) Switches. No protective or disconnecting devices other than the following shall be permitted to be installed in the emergency lighting circuits:

(1) Panelboards for emergency lighting distribution may contain circuit breakers, each of which shall be equipped with a handle locking device to prevent unauthorized operation of the breaker and disconnection of the circuit. The panelboards shall be clearly marked with the legend ‘‘emergency lighting.’’

(2) Location disconnecting devices, such as wall switches, designed to disconnect the emergency supply from rooms which are not being used shall also disconnect the entire normal supply to the rooms, but they may not cut off the emergency source from the hallways, stairways, ramps and similar passageways leading to outside building exits.

(k) Submission and approval of plans. No device or system required by this chapter shall be installed until floor plans or sketches have been filed with and approved by the Department. The plans or sketches shall be in triplicate and shall show the proposed location of the equipment, the location of all exit or other lights connected to the emergency system and other information which the Department may request. The Department approval denotes approval only of the location of emergency fixtures throughout the building. The information required by this subsection may be included on the general building plans and submitted for approval.

(l) Testing required. Systems shall be proved with a test switch to simulate a power failure to the emergency throwover switch or equipment. A complete test of all emergency lighting systems and inspection of all circuits for satisfactory operation shall be made at least once each week, except that when buildings or rooms are used less than once a week, tests may be made within 1 hour prior to the opening of the room or building on each day of use. A record of tests shall be maintained and shall be available for inspection. No building or room within the scope of this chapter shall be used unless both regular and emergency sources of illumination are available.

(m) Interlocks required. Emergency throwover switches and equipment shall be interlocked so that no line or phase of the emergency source of supply shall be connected to a line or phase of the normal supply. Grounded neutrals may be interconnected.

(n) Transfer switch capability to withstand high-fault currents. The transfer switch or switchgear shall be capable of carrying the maximum fault current available on the load side of the transfer switch or switchgear for the time required for circuit to be cleared of the fault current by fuses or circuit breakers on the service sides of the transfer switch or switchgear. The ability of the switch to carry rated current within recognized temperature rise limits shall be unimpaired after being subjected to one operation at the maximum fault current available.

(o) Minimum intensity of illumination. Emergency lighting systems, other than unit systems utilizing floor or spot light type of distribution, shall produce and maintain for at least 1 hour a minimum intensity of illumination, measured on a horizontal plane 30 inches above the floor as follows:

(1) An intensity of 5/10 of a footcandle at exit doors, hallways, corridors, passageways, stairways, runways, ramps and the like, leading to the outside building exits.

(2) An intensity of 25/100 of a footcandle at other locations requiring emergency lighting.

(3) An intensity of 15/100 of a footcandle, with special permission from the Department, in theaters and motion picture theaters where arrangements have been made to automatically continue the performance even though a power failure has occurred.

(p) Where unit storage battery systems utilizing flood or spot light type of distribution are used, the distance between adjacent units shall not exceed 50 feet. The projectors shall be directed towards the exits and located so as to provide distribution of light over the entire floor area. Glare and sharp shadows shall be held to a minimum. The minimum total operating lamp load measured after 1 hour of battery operation shall be in accordance with the following:

(1) A rating of 1/10 watt per square foot of floor area of hallways, passageways, stairways, ramps, corridors, and the like, leading to the outside building exits.

(2) A rating of 5/100 watt per square foot at other locations requiring emergency lighting.

This section cited in 34 Pa. Code § 50.62 (relating to storage battery systems); 34 Pa. Code § 50.63 (relating to unit systems); and 34 Pa. Code § 50.64 (relating to internal combustion engine generator systems).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.62 Storage battery systems.

(a) Types of batteries permitted. When lead acid storage batteries are provided as the emergency source of supply, they shall be designed and constructed to adequately meet the requirements of emergency lighting service and shall be contained in sealed glass or heat resistant plastic jars except as otherwise noted in this chapter. The cells shall be assembled with an electrolyte having full charge specific gravity of 1.200-1.225.

(b) Battery charging equipment. Storage battery emergency lighting systems shall be equipped with a device for maintaining the batteries in a fully charged condition. No switch which may render thisdevice ineffective is permitted. Each time the emergency lighting system is used because of the failure of the main supply, a charge at maximum rate shall be given to the battery immediately. The same rate of charge shall be given to the battery as often as necessary to assure its maintenance in a fully charged condition. The charging device shall be capable of placing the batteries in a state of full charge with 12 hours after restoration of power following a power failure.

(c) Care of batteries. Storage batteries used in emergency lighting systems shall be mounted in a well ventilated room or cabinet, and will be maintained at a temperature of not less than 65° F. The mounting of the cells shall be of ample strength and rigidity to carry the weight without appreciable sagging. Batteries shall not be located in places where they would be subject to deterioration through dampness.

(d) Voltmeter required. Storage battery systems shall be provided with a voltmeter having a guaranteed accuracy of 1% of full scale, except that a voltmeter having a guaranteed accuracy of 2% of full scale may be used if the voltmeter received a special calibration at the normal float charge value so that the accuracy of indication at this point on the scale is not less than 1.0% of full scale value. The voltmeter shall indicate the voltage of the battery at all times.

(e) Nameplate. The nameplate required by § 50.61 (g) (relating to general requirements) shall also contain the final rated voltage of the battery under load at the end of the one hour period, the specific gravity of the electrolyte when the batteries are fully charged, capacity of system in watts, rated nominal voltage and current.

(f) Capacity. The capacity of the storage battery when fully charged shall be sufficient to carry the connected emergency load for a period of not less than 1 hour with a final voltage not less than 87% of the nominal lamp voltage.

(g) Trouble indications. Storage battery systems shall be provided with a device that gives an audible and visual signal when there is an open circuit between the trickle charger and the battery. Such signals shall be located so that they may be seen and heard by a responsible person. In place of the signals the voltmeter required in subsection (d) shall have plainly marked zones as follows:

(i) A marked zone to indicate proper trickle (float) charge voltage.

(ii) A marked zone to indicate a failure of the trickle charger or that the battery is discharging into the emergency lighting circuit.

(iii) A marked zone to indicate during normal float charge operation that there is an open circuit between the trickle charger and battery.

(h) Hydrometer. The manufacturer of storage battery emergency lighting systems shall supply with each device a hydrometer and directions for its use in order that the owner may be in a position to test the specific gravity of the electrolyte. Such a test shall be made at least once every 2 weeks, a record of test shall be maintained and shall be available for inspection.

(i) Other use of batteries. The batteries of emergency lighting systems may not be used for any other purpose unless approved by the Department.

(j) Modified low voltage systems. Battery operated emergency lighting systems, not less than 12 volts or more than 24 volts may be used with the special approval of the Department when the emergency lighting illumination required does not necessitate a battery capacity in excess of 250 watts at the rated voltage for a period of 1 hour.

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.63 Unit systems.

(a) Limitations. Unit battery systems shall provide the required intensity of illumination for a minimum period of 1 hour.

(b) Cabinet design. Emergency lighting units of this class shall be compact and self-contained. Batteries, relays, charging equipment and controls shall be assembled in a substantial metal cabinet. The cabinet shall be well ventilated and designed so that the equipment can be easily maintained. The emergency lighting load shall be connected automatically to the battery in the event of power failure.

(c) Type of batteries. Lead acid batteries shall be the glass jar or the heat resistant plastic jar type or other approved types assembled with 1.200-1.225 specific gravity, full charge electrolyte. At least one pilot cell shall contain a suitable means for indicating the approximate state of charge, which shall be visible from outside the unit case. Other types of batteries may be approved.

(d) Battery charger. Units shall contain a suitable dry disc type of charger capable of charging the battery at a high rate and also at a suitable maintenance of trickle rate. The high rate charge shall be capable of replacing the maximum charge taken out in 1 hour emergency discharge period within 12 hours. The unit shall be designed to provide for automatic high rate charging and restoration to trickle rate. After power failure or when the battery becomes discharged so that the unit cannot provide 1 hour of illumination of required intensity, the battery shall be charged at a high rate, until it becomes fully charged at which time the charging rate shall be reduced to the trickle rate. No device which could render the charger ineffective shall be permitted.

(e) Test switch. All units shall be equipped with a suitable test switch mounted outside of the cabinet and connected to simulate a power failure to the unit.

(f) Signals. All units shall be equipped with a visual signal to indicate when the battery is being charged at the high rate. Units equipped with a switch to disconnect the emergency lamp load in the event of power failure when the building is not occupied shall have a visual signal to indicate when the switch is in the normal position and the equipment is ready to provide emergency lighting.

(g) Wiring and mounting. All units and lamps connected remote from the units shall be permanently mounted. Units shall be mounted so that they may be readily tested, inspected, and serviced and shall be maintained in satisfactory working condition. When remote lamps are used, wiring shall be of sufficient diameter to provide not less than the minimum required illumination. No switch shall be used to cut off the remote lamps.

(h) Hydrometer. A hydrometer shall be available, and the batteries shall be tested with the hydrometer at least once every month. A record of tests shall be maintained and shall be available for inspection.

(i) Nameplate. The nameplate required by § 50.61(g) (relating to general requirements) shall also contain the capacity of the system in watts, rated nominal voltage and current.

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.64 Internal combustion engine generator systems.

(a) Adequate combustion air. Internal combustion engine generator systems shall be provided with adequate combustion air from the exterior of the building.

(b) Gasoline engine systems. Gasoline operated engine generator systems shall be placed in a room or compartment separated from the remainder of the building by 1 hour partitions. Any doors opening into the room or compartment shall be C-label 3/4 hour fire door assemblies. Such rooms or compartments shall not be located beneath an assembly room or corridor leading therefrom unless separated by a concrete slab of at least 4 inches in thickness.

(1) Main fuel supply. If located in the building, the main fuel supply shall be buried at least 2 feet under ground, or located within a fireproof enclosure at least 12 inches in thickness; 6 inches shall be earth or sand solidly tamped, and 6 inches shall be concrete. The earth or sand shall be filled in between the tank and concrete enclosure. The fuel tanks shall be located at least 15 feet away from the heating plant, 2 feet away from foundation footings and filled from the outside of the building.

(2) Capacity of engine reservoir. No reserve supply of fuel shall be stored in the compartment or building except that a reservoir tank not exceeding 1 quart liquid capacity may be located on the engine or in the engine compartment to insure minimum delay in starting the engine. The compartment shall not be used for storage or flammable oils or other combustible material.

(d) Temperature. The rooms or compartments where engines are located shall be maintained at a temperature of not less than 65°F, even if it necessitates insulated enclosures with motor operated air intake louvers and air discharge louvers, either gravity or motor operated. Heating shall be by means of indirect radiation of the room or compartment. Adequate ventilation shall be provided to prevent temperature rises in generators, engines and controls in excess of the recommendations of the manufacturer. The ambient room temperature shall not exceed 110°F even if this requires air cooling. For water cooled engines located in exterior areas, in lieu of providing an insulated enclosure, it is permissible to provide jacket water heaters to maintain the engine at a temperature of not less than 70°F nor more than 100°F, in an ambient of 10°F only when an enclosed battery box with strip heater is also provided to maintain the starting battery at a temperature of not less than 65°F. A V-type engine shall have a heater for each bank of cylinders. Only when providing such jacket water heaters and heated battery box may an enclosure be uninsulated or contain fixed immovable louvers.

(e) Foundations. Engines and generators shall be installed on solid foundations not likely to permit sagging of fuel, exhaust or lubricating oil piping and damage to parts resulting in leakage at joints. Such foundations shall be raised at least 6 inches above the floor level.

(f) Accessibility of equipment. Engine generators and controls shall be installed in a location that permits ready accessibility of parts for repair, maintenance, cleaning or replacement.

(g) Fuel strainers. A strainer shall be provided in the fuel supply line through which the fuel shall pass before reaching the valves or parts which are likely to become clogged. The strainer shall be readily accessible for cleaning.

(h) Gravity feed prohibited. Gravity feed of fuel to carburation or compression ignition engines shall be prohibited except that a reservoir tank described in subsection (b)(2) may be used.

(i) Special devices for gas systems. Systems using natural, manufactured or liquefied petroleum gas as fuel shall have suitable pressure reducing and regulating devices in the fuel line and shall have a solenoid valve that is normally closed connected in the line on the high pressure side of the engine gas regulator. The solenoid valve shall open automatically in the event of power failure and remain open until normal power is restored.

(j) Liquefied petroleum gas. Liquefied petroleum gas may be used as engine fuel under the following conditions:

(1) Cylinders shall be installed above grade with an outlet at least 5 feet away from any building opening which is below the level of such outlet.

(2) A relief valve shall be installed on the low pressure side of the primary regulator adjusted to discharge into the atmosphere at a pressure less than the maximum allowable pressure for the engine regulator. The discharge outlet shall be located not less than 5 feet horizontally from an opening into the building which is below such discharge.

(3) A solenoid operated valve shall be connected in the fuel line to the engine between the primary regulator and the engine regulator with the operating coil connected so that the valve will open automatically in the event of power failure and be closed at all other times.

(4) The fuel line shall be of sufficient size to provide adequate fuel at satisfactory pressure to run the engine generator at rated connected load.

(5) An adequate fuel supply to operate the engine generator at rated load for 1 hour shall always be maintained. A gauge to indicate fuel level shall be provided.

(6) Cylinders or tanks shall be set on a firm foundation and, in the case of school or other installations as deemed necessary by the Department, shall be enclosed by a fence with a locked gate to prevent unauthorized persons from tampering with the cylinders, tanks, regulators, and other similar equipment.

(7) Fuel and fuel cylinder or tank for emergency lighting application shall be used for no other purpose.

(k) Exhaust pipes. Exhaust pipes shall be of sufficient strength so as to withstand the service and shall be connected to the engine so that emission of sparks, flame or gas within the building is prevented. The pipes shall be adequately supported throughout their run and shall terminate outside the building at a point where the unobstructed discharge is subject to only normal atmospheric pressure and the hot gases or sparks will be discharged harmlessly and not directed against combustible material or in close proximity to fuel supply lines. Exhaust pipes shall not be connected into chimneys or flues except that a separate exhaust stack may be introduced into an existing flue if the exhaust stack extends to the top of the flue and the flue does not contain highly corrosive gases, such as products of combustion from gas, coal or oil burning appliances. An effective device shall be provided to permit prompt removal of exhaust condensation.

(l) Ignition. Electric or compression ignition shall be employed. No method of ignition shall be used that introduces open flames or exposes highly heated parts while the engine is in operation.

(m) Starting apparatus. Engine starting apparatus shall conform to one of the following arrangements:

(1) It is connected directly to the engine crankshaft and does not disengage after starting.

(2) It is connected to the engine crankshaft by gears, silent chain drives or by other approved means and does not disengage after starting or does disengage by means of an overrunning clutch.

(3) It is connected so as to engage for starting and to disengage after the engine is started if the means of engaging and disengaging the starting apparatus are by a solenoid actuated pinion used in conjunction with the over-running clutch. The starting motors, windings, drives and other devices shall be capable of continuously cranking the engine for a period of not less than 1 minute.

(n) Cranking batteries. When batteries are used to furnish energy for cranking, they shall be of sufficient capacity to start the engine within 5 seconds and to crank the engine continuously for a period of at least 5 minutes at a speed sufficient to start the engine at the end of a 5 minute cranking period.

(o) Battery charging equipment. Systems using charging batteries shall be equipped with a charging device to automatically maintain the batteries in a full charged condition. The charging device shall be capable of replacing, within a 24-hour period, the charge taken out of the batteries by a 5 minute continuous cranking period. The charger shall have an ammeter to read the rate of charge. The charger shall be permanently connected to the batteries, and no charger disconnect switch shall be permitted.

(p) Size of engine. The engine shall be of sufficient size to enable the generator set to pick up a full rated kilowatt load in one step. The generator set rating shall be determined by the criteria in this subsection. The minimum generator efficiency shall be 80%.

(q) Low oil pressure and high water temperature alarms. Engine protective and annunciator devices shall be provided as follows:

(1) Engines shall have an automatic engine speed governor.

(2) Air cooled engines shall be permitted, but not required, to have low lubricating oil pressure and high air temperature audible alarms, and automatic over-speed shutdown with audible alarm. Automatic engine shutdown for low lubricating oil pressure or high air temperature shall be permitted only when an audible preshutdown alarm is sounded.

(3) Water cooled engines shall have individual visual indicators and a common audible alarm device to announce any of the following:

(i) That the engine water jacket temperature is below 70 F.

(ii) That the engine is about to shut down due to low lubricating oil pressure or high water temperature.

(iii) That the engine has shut down due to low lubricating oil pressure, high water temperature, overspeed or failure to start after 60 or more seconds of continuous cranking.

(4) Gas or oil-fired turbine engines shall have individual indicators and a common audible alarm device to announce any of the following:

(i) That the engine is about to shut down due to low lubricating oil pressure or high engine temperature.

(ii) That the engine has shut down due to low lubricating oil pressure, high engine temperature, overspeed, flameout or failure to start after 60 or more seconds of continuous cranking.

(r) Hydrometer. A test of the specific gravity of the electrolyte shall be made at least once every 2 weeks. The manufacturer shall supply a hydrometer with each installation for this purpose.

(s) Voltmeter. A voltmeter shall be provided to indicate the voltage being generated. When polyphase systems are used, the voltmeter shall indicate all line voltage, either line to line or lines to neutral.

(t) Nameplate. In addition to the nameplate required in § 50.61(g) (relating to general requirements) with a nameplate setting forth the name of the manufacturer, model number and the engine brake horsepower for the fuel used. The generators shall be provided with a nameplate setting forth the name of the manufacturer, model number, power (W or KW) rating, current rating and voltage rating.

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.71 Fire extinguishers.

(a) Fire extinguishers shall be provided according to the type of flammable materials present. The basic types of fires are Classed A, B, C and D as follows:

(1) Class A fires are fires in ordinary combustible materials, such as wood, cloth, paper, rubber and many plastics.

(2) Class B fires are fires in flammable liquids, gases and greases.

(3) Class C fires are fires which involve energized electrical equipment where the electrical nonconductivity of the extinguishing media is of importance.

(4) Class D fires are fires in combustible metals, such as magnesium, titanium, zirconium, sodium and potassium.

(b) Fire extinguishers shall be inspected and maintained according to NFPA 10, 1981 Edition.

(c) Where fire extinguishers are installed in a closet or recessed in a wall or otherwise obscured from view, there shall be provided adjacent thereto a constant blue light of not less than 25 watt capacity.

(d) Fire extinguishers shall be mounted in a fashion to provide quick and easy access at all times.

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.72 Automatic sprinkler systems.

(a) Automatic sprinkler systems shall be installed and operated in accordance with NFPA-13, 1983 Edition.

(b) Automatic sprinkler systems shall be maintained in accordance with NFPA-13A, 1981 Edition.

(d) An automatic hood extinguishing system shall be installed for commercial cooking equipment such as deep fat fryers, range top cookers, broilers and the like. The extinguishing system shall comply with NFPA-96, 1980 Edition.

This section cited in 34 Pa. Code § 54.72 (relating to automatic sprinkler systems); 34 Pa. Code § 55.72 (relating to automatic sprinkler systems); 34 Pa. Code § 58.72 (relating to automatic sprinkler systems); and 34 Pa. Code § 59.72 (relating to automatic sprinkler protection).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.81 Purpose.

The purpose of this section and § § 50.82—50.86 is to implement the act of December 17, 1990 (P. L. 742, No. 185) (35 P. S. § § 5820.1—5820.6), known as the Restroom Equity Act of 1990, the purpose of which is to mitigate the inequitable delays which women face when they need to use restroom facilities in public places.

The provisions of this § 50.81 issued under section 4 of the Restroom Equity Act (35 P. S. § 5820.4).

The provisions of this § 50.81 adopted April 5, 1996, effective April 6, 1996, 26 Pa.B. 1552.

This section cited in 34 Pa. Code § 50.82 (relating to jurisdiction and effective dates); 34 Pa. Code § 50.84 (relating to enforcement and inspections); 34 Pa. Code § 50.85 (relating to approval of plans); and 34 Pa. Code § 50.86 (relating to variances).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.82 Jurisdiction and effective dates.

(a) Application. Section 50.81, this section and § § 50.83—50.86 apply to facilities where the public congregates: sports and entertainment arenas, stadiums, community and convention halls, specialty event centers, amusement facilities, ski resorts, public middle schools and high schools and community and municipal parks with a seating capacity of 500 or more persons. If a specialty event center is located in a community or municipal park, it is subject to § 50.81, this section and § § 50.83—50.86 if it has seating capacity for 500 or more persons.

(b) Exemptions. Section 50.81, this section and § § 50.83—50.86 do not apply to the following:

(1) Hotels. For purposes of § 50.81, this section and § § 50.83—50.86, ‘‘hotel’’ means an establishment in which there exists the relationship of guests and innkeeper between the occupants and the owner or operator of the establishment. The existence of some other legal relationship between the occupants and the owner or operator shall be immaterial.

(2) Public eating or drinking places defined in the act of May 23, 1945 (P. L. 926, No. 369), known as the Public Eating and Drinking Place Law.

(3) Community and municipal parks with seating capacity for less than 500 persons.

(1) New facilities where the public congregates. Implementation of § 50.81, this section and § § 50.83—50.86 will be based upon contracts for design or construction executed on or after April 6, 1996.

(2) Existing facilities where the public congregates. Implementation of § 50.81, this section and § § 50.83—50.86 will be based upon contracts for the design or construction of the renovation executed on or after April 6, 1996.

(d) Renovating existing facility. An existing facility where the public congregates will be considered to be renovated if one of the following applies:

(1) Its rehabilitation requires more than 50% of the gross floor area or volume of the entire building to be rebuilt, not including cosmetic work such as painting, wall covering, wall paneling, floor covering and suspended ceiling work.

(2) An addition is made to an existing facility where the public congregates.

(e) The requirements of § 50.81, this section and § § 50.83—50.86 apply only to the portion of the building which is being renovated.

The provisions of this § 50.82 issued under section 4 of the Restroom Equity Act (35 P. S. § 5820.4).

The provisions of this § 50.82 adopted April 5, 1996, effective April 6, 1996, 26 Pa.B. 1552.

This section cited in 34 Pa. Code § 50.81 (relating to purpose); 34 Pa. Code § 50.84 (relating to enforcement and inspections); 34 Pa. Code § 50.85 (relating to approval of plans); and 34 Pa. Code § 50.86 (relating to variances).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.83 Restroom requirements.

More water closets shall be provided for women than for men by a minimum ratio of two water closets for women for each water closet for men or for each single use urinal or 20 inches of trough urinal. The ratio shall be applied separately to permanent water closets and temporary water closets. Temporary water closets may not be provided in order to make up the difference between permanent water closets provided for women and permanent water closets provided for men.

The provisions of this § 50.83 issued under section 4 of the Restroom Equity Act (35 P. S. § 5820.4).

The provisions of this § 50.83 adopted April 5, 1996, effective April 6, 1996, 26 Pa.B. 1552.

This section cited in 34 Pa. Code § 50.81 (relating to purpose); 34 Pa. Code § 50.82 (relating to jurisidiction and effective dates); 34 Pa. Code § 50.84 (relating to enforcement and inspections); 34 Pa. Code § 50.85 (relating to approval of plans); and 34 Pa. Code § 50.86 (relating to variances).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.84 Enforcement and inspections.

(a) The Department of Labor and Industry will be responsible for the enforcement of § § 50.81—50.83, this section and § § 50.85 and 50.86, except in cities of the first class, second class and second class A, where the cities shall be responsible for enforcement of § § 50.81—50.83, this section and § § 50.85 and 50.86. The Department or other enforcement agency will not issue a permit authorizing the use or occupancy of a building until the provisions of § § 50.81—50.83, this section and § § 50.85 and 50.86 are met.

(b) For the purpose of enforcing the provisions of § § 50.81—50.83, this section and § § 50.85 and 50.86, the Department and the other enforcement agencies will:

(1) During ordinary business hours, have access to, and require the production of books, papers and documents pertinent to an inspection necessary to ascertain the compliance or noncompliance with the act and this chapter.

(2) During ordinary business hours, enter a building or structure governed under § § 50.81—50.83, this section and § § 50.85 and 50.86 for the purpose of making an inspection.

The provisions of this § 50.84 issued under section 4 of the Restroom Equity Act (35 P. S. § 5820.4).

The provisions of this § 50.84 adopted April 5, 1996, effective April 6, 1996, 26 Pa.B. 1552.

This section cited in 34 Pa. Code § 50.81 (relating to purpose); 34 Pa. Code § 50.82 (relating to jurisdiction and effective dates); 34 Pa. Code § 50.85 (relating to approval of plans); and 34 Pa. Code § 50.86 (relating to variances).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.85 Approval of plans.

It is the duty of the owner, or the owner’s representative, of every building or structure covered by § § 50.81—50.84, this section and § 50.86, to submit to the Department or other enforcement agency, for approval, architectural drawings, specifications or other data required by § 49.3 (relating to submission of plans) to show compliance with § § 50.81—50.84, this section and § 50.86, prior to the beginning of construction, remodeling or alteration of a building or structure.

The provisions of this § 50.85 issued under section 4 of the Restroom Equity Act (35 P. S. § 5820.4).

The provisions of this § 50.85 adopted April 5, 1996, effective April 6, 1996, 26 Pa.B. 1552.

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.86 Variances.

Requests for variances from the requirements of § § 50.81—50.85 and this section shall be submitted to the Industrial Board of the Department of Labor and Industry in accordance with § 49.15 (relating to appeals to the Board) or the appropriate variance board of enforcement agencies in first class, second class and second class A cities.

The provisions of this § 50.86 issued under section 4 of the Restroom Equity Act (35 P. S. § 5820.4).

The provisions of this § 50.86 adopted April 5, 1996, effective April 6, 1996, 26 Pa.B. 1552.

This section cited in 34 Pa. Code § 50.81 (relating to purpose); 34 Pa. Code § 50.82 (relating to jurisidiction and effective dates); 34 Pa. Code § 50.84 (relating to enforcement and inspections); and 34 Pa. Code § 50.85 (relating to approval of plans).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.91 High rise building.

(a) A high rise building is a building that has an exterior face which exceeds 75 feet when measured from ground level to five feet above the highest occupiable floor level.

(b) High rise buildings shall be totally protected with an automatic sprinkler system.

(c) Travel distance may be increased to the following in buildings totally protected by an automatic sprinkler system installed in accordance with NFPA-13, 1983 Edition:

(1) Two hundred feet from any point to an exit.

(2) Three hundred feet between exits.

(3) One hundred feet from dead ends and areas with a single path of egress.

(d) Interior finish requirements may be reduced by one class in buildings totally protected by an automatic sprinkler system.

(e) A dry standpipe system shall be required for high rise buildings. The dry standpipe system shall comply with the regulations for Class I service as listed in NFPA-14, 1980 Edition.

Automatic Sprinklers

The regulations exempt cities of the first class from complying with Chapters 49—59, which require high rise buildings to have an automatic sprinkler system. A city of the first class has a population of 1 million or more under 53 P. S. § 101. Because Philadelphia was a city of the first class the city was not bound by the Pennsylvania Code provisions. In re One Meridian Plaza Fire Litig., No. 91-2171 Consolidated with Nos. 91-2172, 91-2226, 91-2227, 91-2374, 91-2545, 91-2546, 91-2547, 1994 U. S. Dist. LEXIS 4343 (E. D. Pa. April 6, 1994), summary judgment denied, No. 91-2171, 1994 U. S. Dist. LEXIS 5532, Prod. Liab. Rep. (CCH) para. 13918 (E. D. Pa. April 29, 1994).

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.92 Historic building.

Chapters 49—59 is not mandatory for existing buildings or structures identified and classified by the Historical and Museum Commission as historic buildings, subject to the approval of the Board, when those buildings are judged to be safe and in the interest of public health and safety.

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.93 Special stage regulations.

Stages used for theatrical, musical and like performances which are equipped with a rigging loft or fly gallery shall comply with the following:

(1) Stage enclosure walls. Every stage shall be enclosed on all sides with solid walls of not less than 2-hour fire resistance rating extending continuously from foundation to at least 4 feet above the roof.

(2) Stage floor construction. The entire stage, except the portion used for the working of scenery, traps and other mechanical apparatus for the presentation of a scene, and the roof over the stage may not be less than 3-hour fire resistance rated construction. Openings through the stage floor shall be equipped with tight fitting, solid wood trap doors not less than 3 inches in thickness or other materials of equal physical and fire resistance rated properties.

(3) Stage rigging loft. The rigging loft, fly galleries and pin rails shall be constructed of noncombustible materials.

(4) Footlights and stage electrical equipment. Footlights and border lights shall be installed in troughs constructed of noncombustible materials. The switchboard shall be so located as to be readily accessible at all times, and the storage or placing of stage equipment against it is prohibited.

(5) Exterior stage doors. Required exit discharge door openings to the outer air shall be protected with approved self-closing fire doors.

(6) Proscenium wall. There may be no openings in the wall separating the stage from the auditorium except the main proscenium opening; two doorways at the stage level, one on each side thereof; and, where necessary, not more than two doorways to the musician’s pit from the space below the stage floor. Each doorway may not exceed 21 square feet in area and shall be protected with 1 1/2-hour B label fire door assemblies. The distance between the top of the proscenium opening and the ceiling of the stage shall be not less than 5 feet.

(7) Proscenium curtain. The proscenium opening shall be provided with an approved curtain of noncombustible or fire-retardant material so designed and installed that it will protect against passage of flame and smoke for 5 minutes. The curtain shall be operated by an automatic heat activated device to descend instantly and safely and to completely close the proscenium opening at a rate of temperature rise of 15 to 20 F per minute (0.14 C to 0.19 C per second); and by an auxiliary operating device to permit immediate manual closing of the proscenium opening.

(8) Scenery. Combustible materials used in sets and scenery shall be rendered flame resistant.

(9) Stage ventilation. Metal or other approved noncombustible ventilators, equipped with movable shutters or sash shall be provided over the stage, constructed to open automatically and instantly by approved heat activated devices, with an aggregate clear opening of not less than 1/8 the area of the stage.

(10) Dressing and appurtenant rooms.

(i) Construction. Dressing rooms, scene docks, property rooms, work shops and store rooms and compartments appurtenant to the stage shall be fireresistive construction and shall be separated from the stage and other parts of the building by walls of not less than 2-hour fireresistance rating. The rooms shall not be placed immediately over or under the operating stage area.

(ii) Opening protectives. Openings other than to trunk rooms and the necessary doorways at stage level shall not connect the rooms with the stage, and the openings shall be protected with 1-hour self-closing B label fire doors.

(iii) Dressing room and stage exits. Each tier of dressing rooms shall be provided with at least two means of egress, one of which shall lead directly to an exit corridor, outer court or street. Exit stairways from dressing and storage rooms may be unenclosed in the stage area behind the proscenium wall. At least one approved exit shall be provided from each side of the stage and from each side of the space under the stage, and from each fly gallery and from the gridiron to a street, outer court or passageway to a street. A steel ladder shall be provided from the gridiron to a scuttle in the stage roof.

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 50.94 Fixed seating.

(a) The spacing of rows of seats shall provide a space of not less than 12 inches from the back of one seat to the front of the most forward projection of the seat immediately behind it, when the seat is in the down position, as measured horizontally between vertical planes.

(b) Aisles shall be provided so that no more than six seats intervene between any seat and the aisle or aisles, except that the number of seats in a row may not be limited when self-raising seats are provided which leave an unobstructed passage between rows of seats of not less than 18 inches in width leading to side aisles in which exit doors are located at not more than 25 foot intervals.

(d) Every aisle shall lead to an exit door or to a cross aisle that is running parallel with the seat rows and leading directly to an exit door. In places of assembly where seating is provided, side aisles running at right angles to the seat rows and adjacent to exterior walls may not be less than 36 inches in width. Aisles having seats on both sides may not be less in width than 36 inches, plus 1/4 inch for every foot of length from their point of beginning to an exit door, or for their length between cross aisles. Cross aisles shall be not less in width than the widest connecting aisle.

(e) Aisles shall be used only for passage to and from seats and shall be kept unobstructed.

(f) Steps shall not be placed in aisles unless the gradient would exceed 1 foot rise in 10 feet run. Steps, when necessary, shall be grouped, and so far as practicable isolated steps shall be avoided. The steps shall extend across the full width of the aisles and shall be illuminated; treads and risers shall conform with the requirements for exit stairs under § 50.26(b) (relating to intercommunicating stairway).

(g) In balconies and galleries having more than 20 rows of seats, there shall be provided a cross aisle not less than 4 feet wide leading directly to an exit, if there is in no case a difference of level exceeding 11 feet between the lowest or highest seat platform and cross aisle or between intermediate cross aisles.

(h) The fascia of boxes, balconies and galleries shall have substantial railings not less than 26 inches above the floor. Aisles which intersect the fascia shall have railways along the fascia not less than 30 inches above the floor for the width of the aisle. Stairs which intersect the fascia shall have railings along the fascia not less than 36 inches above the floor for the width of the stair. Cross aisles shall have railings not less than 26 inches above the floor except where the backs of the seats on the front of the aisle project 24 inches or more above the floor of the aisle.

(i) In balconies, galleries or other locations where seats are arranged on platforms or successive tiers and the height of rise from one platform to another below and in front of it exceeds 21 inches, a substantial railing not less than 30 inches high shall be placed at the edge of platform along the entire row of seats.

(j) Stairways from balconies, galleries, boxes or loges, discharging through a public lobby shall discharge in a direction parallel to and travel with the exit from the main assembly floor or shall have a rail separating the lines of travel. No more than 50% of the total exit capacity from a place of public assembly, or from a balcony or tier thereof, shall be through a single public lobby.

(k) Enclosed exit stairways from balconies shall be provided to accomodate 1/3 of the balcony capacity; except for balconies with capacities less than 200, no stairways need be enclosed.

(l) One means of egress is permissible for balconies of 600 square feet in area if the exitway is 1 1/2 units in width.

History

Authority: The provisions of this Chapter 50 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 50 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

Chapter 51 A-1 Assembly

34 Pa. Code § 51.1 Division A-1 occupancies.

Buildings primarily used or designed for the purpose of assembly of 501 or more persons for amusement, entertainment, worship, transportation, recreation, sports, military drilling, dining or similar purposes shall be classified as Division A-1 occupancies.

History

Authority: The provisions of this Chapter 51 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 51 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 51.2 Separation and mixed occupancy.

When an A-1 occupancy shares a structure with one or more occupancies, the structure shall be governed in one of the following manners:

(1) Separation. When each occupancy is separated from all other occupancies by fire walls, each portion thus separated shall be considered a separate building, and limitations for separate buildings shall govern.

(2) Mixed occupancy. Buildings with multiple occupancies which are not separated shall be considered mixed occupancies and shall be governed by the most restrictive limitations of the various occupancies.

History

Authority: The provisions of this Chapter 51 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 51 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 51.3 Hazards.

D-H, hazardous occupancies, may not be permitted in the same structure housing an A-1 occupancy.

History

Authority: The provisions of this Chapter 51 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 51 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 51.11 Story height.

(a) A-1 occupancies shall be governed by the story height limitations in the following table:

(b) *A single story shall be permitted in ordinary or wood frame construction when the building is 1-hour rated construction or totally protected by an automatic sprinkler system.

(c) An additional story shall be permitted in noncombustible and protected heavy timber construction when the building is 1-hour rated construction or totally protected by an automatic sprinkler system. The maximum story height may be increased by two stories.

(d) Noncombustible, protected heavy timber, ordinary and wood frame construction types shall be considered 1-hour rated construction when bearing walls, columns, beams, other supporting members, ceiling/roof assemblies, floor/ceiling assemblies, stairways, and other openings through floors are of 1-hour rated construction.

(e) Basement areas shall be 1-hour rated construction up to and including the floor/ceiling assembly between the basement and the first floor.

History

Authority: The provisions of this Chapter 51 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 51 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 51.21 Minimum exits.

(a) There shall be a minimum of three exits reasonably remote from each other. No more than 50% of the required exit capacity shall exit into the same unseparated corridor network.

(b) Basements used only for storage or mechanical equipment without any permanent occupancy shall have a minimum of two exit access paths except that the Department may permit a single exit access for basements of less than 1,000 square feet which are used only for storage or mechanical equipment without any permanent occupancy.

History

Authority: The provisions of this Chapter 51 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 51 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 51.22 Travel distance to exits.

(a) Exits shall be so arranged that the total length of travel from any point to reach an exit will not exceed 150 feet. Exits shall be so arranged that one exit is not more than 200 feet from another exit. Dead ends and occupancy areas with a single path of egress travel should be eliminated where possible but in no case shall any of these occupancy areas be more than 75 feet from an exit.

(b) Travel distance may be increased to the following in buildings totally protected by an automatic sprinkler system:

(1) 200 feet from any point to an exit.

(2) 300 feet between exits.

(3) 100 feet for dead ends and areas with a single path of egress.

History

Authority: The provisions of this Chapter 51 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 51 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 51.23 Means of egress capacity.

Units of width shall comply with § 50.23 (relating to means of egress capacity).

History

Authority: The provisions of this Chapter 51 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 51 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 51.24 Exit doors.

Exit discharge doors leading to the outside shall comply with § 50.24 (relating to exit doors and exit access doors).

History

Authority: The provisions of this Chapter 51 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 51 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 51.25 Stair towers.

Stair towers shall comply with § 50.25 (relating to stair towers). Only Class A stairs may be used as a required means of egress.

History

Authority: The provisions of this Chapter 51 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 51 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 51.26 Intercommunicating stairways.

Intercommunicating stairways may be used to communicate from story to story; however, they shall not be counted as exits.

History

Authority: The provisions of this Chapter 51 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 51 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 51.27 Ramps.

Ramps shall comply with § 50.27 (relating to ramps).

History

Authority: The provisions of this Chapter 51 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 51 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 51.28 Horizontal exits.

Horizontal exits shall comply with § 50.28 (relating to horizontal exits).

History

Authority: The provisions of this Chapter 51 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 51 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 51.29 Escalators.

Escalators shall be permitted for communication from one story to another but shall not be counted as exits.

History

Authority: The provisions of this Chapter 51 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 51 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 51.31 Vertical openings.

Vertical openings shall comply with § § 50.31—50.34 (relating to vertical openings).

History

Authority: The provisions of this Chapter 51 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 51 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 51.41 Interior finishes.

(a) Interior finishes shall be Class A for exits and exit corridors except that carpet covering floors may be Class A or B. Other interior finishes shall be Class A or Class B.

(b) Interior finish requirements may be reduced by one class in buildings totally protected by an automatic sprinkler system.

History

Authority: The provisions of this Chapter 51 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 51 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 51.51 Not required.

Manual and automatic fire alarm systems are not required for A-1 occupancy buildings.

History

Authority: The provisions of this Chapter 51 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 51 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 51.61 General requirements.

Emergency lighting shall be provided as follows:

(1) Exitways, corridors, stairways, passageways, halls, landings of stairs, exit doors, including angles and intersections, and other means of egress.

(2) Rooms used for assembly purposes in excess of 750 square feet.

(3) To illuminate exit or directional exit signs.

(4) Rooms in which emergency lighting equipment is located.

(5) Exterior light over required exit discharge.

History

Authority: The provisions of this Chapter 51 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 51 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 51.71 Fire extinguishers.

(a) A minimum of one fire extinguisher with a minimum 2-A rating shall be provided for each 5,000 square feet or fraction thereof, but there shall be no less than one fire extinguisher per floor including basement. Fire extinguishers shall be located so that it shall not be necessary to travel more than 100 feet in any direction to reach the nearest unit.

(b) A fire extinguisher with a minimum 10-B rating shall be provided in each kitchen.

History

Authority: The provisions of this Chapter 51 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 51 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 51.72 Automatic sprinkler systems.

(a) Automatic sprinkler protection is required for A-1 occupancies in all storage rooms over 100 square feet, maintenance rooms and boiler and heater rooms except boiler and heater rooms with equipment totally operated by electricity.

(b) Buildings or structures meeting the definition of high rise buildings in § 49.1 (relating to definitions) shall be equipped with an automatic sprinkler system.

History

Authority: The provisions of this Chapter 51 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 51 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 51.81 Hazardous areas.

(a) Boiler or furnace rooms, repair or maintenance rooms, trash rooms, and rooms or spaces used for storage of combustible materials in quantities deemed hazardous by the Department shall be separated from other areas of the building by 1-hour partitions, floors, and ceilings. Openings shall be protected by C label door assemblies. Combustion and ventilation air for boiler, incinerator or heater rooms shall be taken directly from and discharged directly to the outside air.

(b) American Gas Association approved gas fire forced air furnaces and space heaters; U. L. approved electrical resistive coil heating furnaces and U. L. approved oil fired forced air furnaces and space heaters need not be enclosed.

(c) Aisles in auditoriums shall be provided with general illumination of not less than 0.1 foot candles at the front row of seats and not less than 0.2 foot candles at the last row of seats, and the illumination shall be maintained throughout the showing of motion pictures or other projections.

History

Authority: The provisions of this Chapter 51 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 51 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

Chapter 52 Division A-2 Assembly

34 Pa. Code § 52.1 Division A-2 occupancies.

Buildings primarily used or designed for the purposes of assembly of 101—500 persons for amusement, entertainment, worship, transportation, recreation, sports, military drilling, dining or similar purposes shall be classified as Division A-2 occupancies.

History

Authority: The provisions of this Chapter 52 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 52 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 52.2 Separation and mixed occupancy.

When an A-2 occupancy shares a structure with one or more occupancies, the structure shall be governed in one of the following manners:

(1) Separation. When each occupancy is separated from other occupancies by fire walls, each portion thus separated shall be considered a separate building, and limitations for separate buildings shall govern.

History

Authority: The provisions of this Chapter 52 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 52 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 52.3 Hazards.

D-H, hazardous occupancies shall not be permitted in the same structure housing an A-2 occupancy.

History

Authority: The provisions of this Chapter 52 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 52 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 52.11 Story height.

(a) A-2 occupancies shall be governed by the story height limitations in the following table:

(b) *An additional story shall be permitted in ordinary or wood frame construction when the building is 1-hour rated construction or totally protected by an automatic sprinkler system. The maximum story height shall only be increased by one story. An additional story shall be permitted in noncombustible or protected heavy timber construction when the building is 1-hour rated construction or totally protected by an automatic sprinkler system. The maximum story height shall only be increased by two stories.

(c) Noncombustible, protected heavy timber, ordinary and wood frame construction types shall be considered 1-hour rated construction when bearing walls, columns, beams, other supporting members, ceiling/roof assemblies, floor/ceiling assemblies, stairways, and other openings through floors are of 1-hour rated construction.

(d) Basement areas shall be 1-hour rated construction up to and including the floor/ceiling assembly between the basement and the first floor.

History

Authority: The provisions of this Chapter 52 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 52 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 52.21 Minimum exits.

(a) There shall be a minimum of two exits reasonably remote from each other.

History

Authority: The provisions of this Chapter 52 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 52 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 52.22 Travel distance to exits.

(a) Exits shall be so arranged that the total length of travel from any point to reach an exit shall not exceed 150 feet. Exits shall be so arranged that one exit is not more than 200 feet from another exit. Dead ends and occupancy areas with a single path of egress travel should be eliminated where possible, but in no case shall any of these occupancy areas be more than 75 feet from an exit.

(b) Travel distance may be increased to the following in buildings totally protected by an automatic sprinkler system:

(1) 200 feet from any point to an exit.

(2) 300 feet between exits.

(3) 100 feet for dead ends and areas with a single path of egress.

History

Authority: The provisions of this Chapter 52 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 52 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 52.23 Means of egress capacity.

Units of width shall comply with § 50.23 (relating to means of egress capacity).

History

Authority: The provisions of this Chapter 52 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 52 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 52.24 Exit doors.

Exit discharge doors leading to the outside shall comply with § 50.24 (relating to exit doors and exit access doors).

History

Authority: The provisions of this Chapter 52 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 52 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 52.25 Stair towers.

Stair towers shall comply with § 50.25 (relating to stair towers). Only Class A stairs may be used as a required means of egress.

History

Authority: The provisions of this Chapter 52 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 52 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 52.26 Intercommunicating stairways.

Intercommunicating stairways may be used to communicate from story to story; however, they shall not be counted as exits.

History

Authority: The provisions of this Chapter 52 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 52 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 52.27 Ramps.

Ramps shall comply with § 50.27 (relating to ramps).

History

Authority: The provisions of this Chapter 52 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 52 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 52.28 Horizontal exits.

Horizontal exits shall comply with § 50.28 (relating to horizontal exits).

History

Authority: The provisions of this Chapter 52 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 52 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 52.29 Escalators.

Escalators shall be permitted for communication from one story to another but shall not be counted as exits.

History

Authority: The provisions of this Chapter 52 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 52 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 52.31 Vertical openings.

Vertical openings shall comply with § § 50.31—50.34 (relating to vertical openings).

History

Authority: The provisions of this Chapter 52 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 52 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 52.41 Interior finishes.

(a) Interior finishes shall be Class A for exits and exit corridors except that carpet covering floors may be Class A or B. Other interior finishes shall be Class A or Class B.

(b) Interior finish requirements may be reduced by one class in buildings totally protected by an automatic sprinkler system.

History

Authority: The provisions of this Chapter 52 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 52 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 52.51 Not required.

Manual and automatic fire alarm systems are not required for A-2 occupancy buildings.

History

Authority: The provisions of this Chapter 52 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 52 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 52.61 General requirements.

Emergency lighting shall be provided as follows:

(1) Exitways, corridors, stairways, passageways, halls, landings of stairs, exit doors, including angles and intersections, and other means of egress.

(2) Rooms used for assembly purposes in excess of 750 square feet.

(3) To illuminate exit or directional exit signs.

(4) Rooms in which emergency lighting equipment is located.

(5) Exterior light over required exit discharge.

History

Authority: The provisions of this Chapter 52 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 52 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 52.71 Fire extinguishers.

(b) A fire extinguisher with a minimum 10-B rating shall be provided in each kitchen.

History

Authority: The provisions of this Chapter 52 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 52 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 52.72 Automatic sprinkler systems.

(a) Automatic sprinkler protection is required for A-2 occupancies in all storage rooms over 100 square feet, maintenance rooms and boiler and heater rooms except boiler and heater rooms with equipment totally operated by electricity.

(b) Buildings or structures meeting the definition of high rise buildings, in § 49.1 (relating to definitions) shall be equipped with an automatic sprinkler system.

History

Authority: The provisions of this Chapter 52 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 52 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 52.81 Hazardous areas.

(a) Boiler or furnace rooms, repair or maintenance rooms, trash rooms, and rooms or spaces used for the storage of combustible materials in quantities deemed hazardous by the Department shall be separated from other areas of the building by 1-hour partitions, floors, and ceilings. Openings shall be protected by C label door assemblies. Combustion and ventilation air for boiler, incinerator or heater rooms shall be taken directly from and discharged directly to the outside air.

(b) American Gas Association approved gas fired forced air furnaces and space heaters; U. L. approved electrical resistive coil heating furnaces and U. L. approved oil fired forced air furnaces and space heaters need not be enclosed.

History

Authority: The provisions of this Chapter 52 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 52 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

Chapter 53 Division A-3 Assembly

34 Pa. Code § 53.1 Division A-3 occupancies.

Buildings primarily used or designed for the purpose of 4—100 persons for amusement, entertainment, worship, transportation, recreation, sports, military drilling, dining or similar purposes shall be classified as Division A-3 occupancies.

History

Authority: The provisions of this Chapter 53 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 53 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 53.2 Separation and mixed occupancy.

When an A-3 occupancy shares a structure with one or more occupancy divisions, the structure shall be governed in one of the following manners:

(1) Separation. When each occupancy is separated from other occupancies by fire walls, each portion thus separated shall be considered a separate building and limitations for separate buildings shall govern.

History

Authority: The provisions of this Chapter 53 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 53 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 53.3 Hazards.

D-H, hazardous occupancies shall not be permitted in the same structure housing an A-3 occupancy.

History

Authority: The provisions of this Chapter 53 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 53 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 53.11 Story height.

A-3 occupancies shall be governed by the story height limitations in the following table:

(b) *An additional story shall be permitted in noncombustible, protected heavy timber, ordinary or wood frame construction when the building is 1-hour rated construction or totally protected by an automatic sprinkler system. The maximum story height may be increased by two stories when both 1-hour rated construction and total automatic sprinkler protection are provided.

History

Authority: The provisions of this Chapter 53 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 53 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 53.21 Minimum exits.

(a) There shall be a minimum of two exits reasonably remote from each other. At least 50% of required exits shall be exit discharge doors to the outside, stair towers or ramps.

(b) Basements used only for storage or mechanical equipment without any permanent occupancy shall have a minimum of two exit access paths except that the Department may permit a single exit access for basements of less than 1,000 square feet used only for storage or mechanical equipment without any permanent occupancy.

(c) Mezzanine levels shall have a minimum of two exit access paths except that the Department may permit a single exit access from mezzanines less than 1,000 square feet or mezzanines used exclusively for storage or mechanical equipment without a permanent occupancy.

History

Authority: The provisions of this Chapter 53 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 53 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 53.22 Travel distance to exits.

(b) Travel distance may be increased to the following in buildings totally protected by an automatic sprinkler system:

(1) Two hundred feet from any point to an exit.

(2) Three hundred feet between exits.

(3) One hundred feet for dead ends and areas with a single path of egress.

History

Authority: The provisions of this Chapter 53 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 53 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 53.23 Means of egress capacity.

Units of width shall comply with § 50.23 (relating to means of egress capacity).

History

Authority: The provisions of this Chapter 53 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 53 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 53.24 Exit doors.

Exit discharge doors leading to the outside shall comply with § 50.24 (relating to exit doors and exit access doors).

History

Authority: The provisions of this Chapter 53 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 53 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 53.25 Stair towers.

Stair towers shall comply with § 50.25 (relating to stair towers). Class A or Class B stairs may be used as a required means of egress.

History

Authority: The provisions of this Chapter 53 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 53 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 53.26 Intercommunicating stairways.

Intercommunicating stairways shall comply with § 50.26 (relating to intercommunicating stairway).

History

Authority: The provisions of this Chapter 53 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 53 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 53.27 Ramps.

Ramps shall comply with § 50.27 (relating to ramps).

History

Authority: The provisions of this Chapter 53 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 53 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 53.28 Horizontal exits.

Horizontal exits shall comply with § 50.28 (relating to horizontal exits).

History

Authority: The provisions of this Chapter 53 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 53 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 53.29 Escalators.

Escalators shall be permitted for communication from one story to another but shall not be counted as exits.

History

Authority: The provisions of this Chapter 53 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 53 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 53.31 Vertical openings.

Vertical openings shall comply with § § 50.31—50.34 (relating to vertical openings).

History

Authority: The provisions of this Chapter 53 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 53 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 53.41 Interior finishes.

(a) Interior finishes shall be Class A or B for exits and exit corridors.

(b) Interior finish requirements may be reduced by one class in buildings totally protected by an automatic sprinkler system.

History

Authority: The provisions of this Chapter 53 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 53 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 53.51 Not required.

Manual and automatic fire alarm systems are not required for A-3 occupancy buildings.

History

Authority: The provisions of this Chapter 53 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 53 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 53.61 General requirements.

Emergency lighting shall be provided as follows:

(1) Exitways, corridors, stairways, passageways, halls, landings of stairs, exit doors, including angles and intersections, and other means of egress.

(2) Rooms used for assembly purposes in excess of 750 square feet.

(3) To illuminate exit or directional exit signs.

(4) Rooms in which emergency lighting equipment is located.

(5) Exterior light over required exit discharge.

History

Authority: The provisions of this Chapter 53 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 53 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 53.71 Fire extinguishers.

(b) A fire extinguisher with a minimum 10-B rating shall be provided in each kitchen.

History

Authority: The provisions of this Chapter 53 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 53 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 53.72 Automatic sprinkler systems.

Automatic sprinkler protection is not required in A-3 occupancies.

History

Authority: The provisions of this Chapter 53 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 53 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 53.81 Hazardous areas.

History

Authority: The provisions of this Chapter 53 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 53 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

Chapter 54 Group B Educational

34 Pa. Code § 54.1 Group B occupancies.

Buildings primarily used or designed for the purpose of education or instruction or day care shall be classified as Group B occupancies.

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 54.2 Classification.

Schools for business or vocational training shall be classified in the same occupancies and conform to the same requirements as the trade, vocation or business being taught.

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 54.3 Nursery schools, day care centers and the like.

Nursery schools, day care centers, group day care homes and the like shall be classified as B occupancies. However, they may be housed in a building which has an A, C-1 or C-2 occupancy permit without submission of plans or approval as a B occupancy. Group day care homes and family day care homes may use Chapter 56 (relating to Division C-3 small group habitation) for occupancies of eight or less children without a B occupancy approval.

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 54.4 Separation and mixed occupancy.

When a B occupancy shares a structure with one or more occupancies, the structure shall be governed in one of the following manners:

(2) Mixed occupancy. Structures with multiple occupancies which are not separated shall be considered mixed occupancies and shall be governed by the most restrictive of the limitations of the occupancies.

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 54.5 Hazards.

D-H, hazardous occupancies shall not be permitted in the same structure housing a Group B occupancy.

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 54.6 Assembly areas.

Auditoriums, gymnasiums, cafeterias and similar areas which are part of an education building shall be classified as B occupancies.

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 54.11 Story height.

(a) B occupancies shall be governed by the story height limitations in the following table:

(b) *An additional story shall be permitted in noncombustible, protected heavy timber, ordinary or wood frame construction when the building is 1-hour rated construction totally protected by an automatic sprinkler system. The maximum story height may only be increased by one story.

(d) Basement areas shall be 1-hour rated construction up to and including the floor/ceiling assembly between the basement and the first floor.

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 54.21 Minimum exits.

(a) There shall be a minimum of two exits reasonably remote from each other. No more than 50% of the required exit capacity of auditoriums, gymnasiums, cafeterias and similar areas shall exit into the same unseparated corridor network.

(b) Basements used only for storage or mechanical equipment without any permanent occupancy shall have a minimum of two exit access paths except that the Department may permit a single exit access for basements of less than 1,000 square feet used only for storage or mechanical equipment without any permanent occupancy.

(c) Mezzanine levels shall have a minimum of two exit access paths except the Department may permit a single exit access from mezzanines less than 1,000 square feet or mezzanines used exclusively for storage or mechanical equipment without a permanent occupancy.

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 54.22 Travel distance to exits.

(b) Travel distance may be increased to the following in buildings totally protected by an automatic sprinkler system:

(1) Two hundred feet from any point to an exit.

(2) Three hundred feet between exits.

(3) One hundred feet for dead ends and areas with a single path of egress.

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 54.23 Means of egress capacity.

Units of width shall comply with § 50.23 (relating to means of egress capacity).

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 54.24 Exit doors.

Exit discharge doors leading to the outside shall comply with § 50.24 (relating to exit doors and exit access doors).

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 54.25 Stair towers.

Stair towers shall comply with § 50.25 (relating to stair towers). Only Class A stairs may be used as a required means of egress.

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 54.26 Intercommunicating stairways.

Intercommunicating stairways may be used to communicate from story to story; however, they shall not be counted as exits.

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 54.27 Ramps.

Ramps shall comply with § 50.27 (relating to ramps).

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 54.28 Horizontal exits.

Horizontal exits shall comply with § 50.28 (relating to horizontal exits).

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 54.29 Escalators.

Escalators shall be permitted for communication from one story to another but shall not be counted as exits.

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 54.31 Vertical openings.

Vertical openings shall comply with § § 50.31—50.34 (relating to vertical openings).

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 54.41 Interior finishes.

(a) Interior finishes shall be Class A for exits and exit corridors except that carpet covering floors may be Class A or B. Interior finishes for classrooms, auditoriums, gymnasiums, cafeterias, libraries and similar areas shall be Class A or Class B.

(b) Interior finish requirements may be reduced by one class in buildings totally protected by an automatic sprinkler system.

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 54.51 Required.

Manual fire alarm systems are required for B occupancy buildings with more than four classrooms.

The provisions of this § 54.51 amended June 1, 1984, effective May 19, 1984, 14 Pa.B. 1865. Immediately preceding text appears at serial page (89106).

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 54.61 General requirements.

Emergency lighting shall be provided as follows:

(1) Exitways, corridors, stairways, passageways, halls, landings of stairs, exit doors, including angles and intersections, and other means of egress.

(2) Rooms used for assembly purposes in excess of 1,500 square feet.

(3) To illuminate exit or directional exit signs.

(4) Rooms in which emergency lighting equipment is located.

(5) Exterior light over required exit discharge.

(6) Locker rooms.

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 54.71 Fire extinguishers.

(b) A fire extinguisher with a minimum 10-B rating shall be provided in each kitchen.

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 54.72 Automatic sprinkler systems.

Automatic sprinkler systems required by this chapter shall comply with § 50.72 (relating to automatic sprinkler systems).

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 54.81 Hazardous areas.

(a) Boiler or furnace rooms, repair or maintenance rooms, trash rooms and rooms or spaces used for the storage of combustible materials in quantities deemed hazardous by the Department, shall be separated from other areas of the building by 1-hour partitions, floors, and ceilings. All openings shall be protected by C label door assemblies. Combustion and ventilation air for boiler, incinerator or heater rooms shall be taken directly from and discharged directly to the outside air.

(b) American Gas Association approved gas fired forced air furnaces and space heaters; U. L. approved electrical resistive coil heating furnaces; and U. L. approved oil fired forced air furnaces and space heaters need not be enclosed.

History

Authority: The provisions of this Chapter 54 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 54 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

Chapter 55 Division C-2 Hotels, Motels, Apartment Buildings, Etc.

34 Pa. Code § 55.1 Division C-2 occupancies.

This Division shall apply to a building, or part thereof, where the occupants are in group habitation and are not included under Division C-1, C-3, C-4 or C-5. Hotels, apartment buildings, multiple dwellings, dormitories, lodging houses, orphanages, children’s residential institutions, large personal care homes, group homes, group foster homes and the like shall be in this classification.

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.2 Separation and mixed occupancy.

When a C-2 occupancy shares a structure with one or more occupancies, the structure shall be governed in one of the following manners:

(2) Mixed occupancy. Structures with multiple occupancies which are not separated shall be considered mixed occupancies and shall be governed by the most restrictive of the various limitations of the occupancies.

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.3 Hazards.

D-H, hazardous occupancies shall not be permitted in the same structure housing a Group C-2 occupancy.

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.11 Story height.

(a) C-2 occupancy shall be governed by the story height limitations in the following table:

(b) *An additional story shall be permitted in noncombustible, protected heavy timber, ordinary or wood frame construction when the building is 1-hour rated construction or totally protected by an automatic sprinkler system. The maximum story height may be increased two stories when 1-hour rated construction and total automatic sprinkler protection are provided.

(c) Noncombustible, protected heavy timber, ordinary and wood frame construction types shall be considered 1-hour rated construction when bearing walls, columns, beams, other supporting members, ceiling/roof assemblies, floor/ceiling assemblies, stairways and other openings through floors are of 1-hour rated construction.

(d) Apartment units shall be separated from each other and all other portions of the building by a minimum of 1-hour rated construction.

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.21 Minimum exits.

(a) There shall be a minimum of two exits reasonably remote from each other. At least 50% of required exits shall be exit discharge doors, stair towers or ramps.

(b) Basements used only for storage or mechanical equipment without any permanent occupancy shall have a minimum of two exit access paths except that the Department may permit a single exit access for basements used only for storage or mechanical equipment without any permanent occupancy of less than 1,000 square feet.

(d) An individual apartment which occupies more than one floor level shall only be required to have an exit from one floor level.

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.22 Travel distance to exits.

(a) Exits shall be arranged so that the total length of travel from any point to reach an exit shall not exceed 200 feet. Exits shall be so arranged that one exit is not more than 200 feet from another exit. Dead ends and occupancy areas with a single path of egress travel should be eliminated where possible, but in no case shall any of these occupancy areas be more than 75 feet from an exit.

(b) Travel distance may be increased to the following in buildings totally protected by an automatic sprinkler system.

(1) Two hundred feet from any point to an exit.

(2) Three hundred feet between exits.

(3) One hundred feet for dead ends and areas with a single path of egress.

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.23 Means of egress capacity.

Units of width shall comply with § 50.23 (relating to means of egress capacity).

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.24 Exit doors.

Exit discharge doors leading to the outside shall comply with § 50.24 (relating to exit doors and exit access doors) except that exit and exit discharge doors which serve nine or less rooms or four or less apartments shall not be required to have panic hardware or fire exit hardware, and exit discharge doors serving one apartment need not swing with exit travel.

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.25 Stair towers.

Stair towers shall comply with § 50.25 (relating to stair towers). Class A or Class B stairs may be used as a required means of egress.

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.26 Intercommunicating stairways.

Intercommunicating stairways shall comply with § 50.26 (relating to intercommunicating stairway).

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.27 Ramps.

Ramps shall comply with § 50.27 (relating to ramps).

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.28 Horizontal exits.

Horizontal exits shall comply with § 50.28 (relating to horizontal exits).

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.29 Escalators.

Escalators shall be permitted for communication from one story to another but shall not be counted as exits.

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.31 Vertical openings.

Vertical openings shall comply with § § 50.31—50.34 (relating to vertical openings).

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.41 Interior finishes.

(a) Interior finishes for exits and exit corridors shall be Class A or Class B.

(b) Interior finish requirements may be reduced by one class in buildings totally protected by an automatic sprinkler system.

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.51 Manual systems.

Manual fire alarm systems shall be provided as follows:

(1) Facilities more than two stories in height shall have a manual fire alarm system.

(2) Buildings with more than 10,000 square feet of gross building area, exterior dimensions, shall have a manual fire alarm system. Areas of basements without permanent occupancy may not be included in the gross building calculation.

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.52 Automatic systems.

(a) An automatic fire alarm system shall be provided for C-2 occupancies, except for buildings totally protected by an automatic sprinkler system. Smoke detectors shall be located in the corridors, stairs and rooms of the building except as follows: rooms of individual apartment units, hotel or motel sleeping rooms, or dormitory rooms with sleeping accommodations for five or less persons. Heat detectors may be used in kitchens, restrooms, boiler rooms, furnace rooms and other special rooms as approved by the Department. Other detection devices may be approved by the Department for special conditions. The automatic fire alarm system shall comply with § 50.52 (relating to automatic system), except that buildings with 12 or less apartments may comply with the following:

(1) Smoke detectors listed as meeting U. L. 217, 1980 Edition, shall be provided in common areas, such as halls, corridors, stair towers, basements or similar areas.

(2) Smoke detectors shall be interconnected so that all devices shall sound an alarm conditioned upon activation of an individual detector. The smoke detectors may be ceiling or sidewall mounted, with a minimum of a 4-inch clearance from a ceiling to wall jointure, measured from the jointure to the top of the detector. Sidewall mountings may not exceed 12 inches measured from the ceiling and sidewall jointure to the top of the detector.

(b) In addition to the automatic fire alarm system required in subsection (a), each apartment shall have a minimum of one smoke-detection device located in a common area between the apartment exit and the bedrooms. This device may be a single-station detection device which is not interconnected with the automatic fire alarm system. Single-station detection devices shall be listed as meeting U. L. 217, 1980 Edition.

The provisions of this § 55.52 adopted May 18, 1984, effective May 19, 1984, 14 Pa.B. 1765; amended August 7, 1992, effective August 8, 1992, 22 Pa.B. 4091. Immediately preceding text appears at serial page (89114).

This section cited in 34 Pa. Code § 49.2 (relating to jurisdiction and effective dates).

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.53 Automatic fire detection devices for the hearing-impaired.

(a) This section applies to hotels, motels, lodging houses, boarding homes or similar facilities in which there are overnight accommodations for hire for more than eight persons and which are primarily, but not necessarily exclusively, used by transients who are lodged with or without meals.

(b) Operators of these facilities and businesses shall have automatic fire detection devices for the hearing-impaired available for the use of these guests upon request as follows:

(1) Each hotel, motel, lodging house, boarding home or similar type of business shall have a minimum of two automatic fire detection devices for the hearing-impaired available. Additional devices are required as listed in the following table:

(2) Automatic fire detection devices for the hearing-impaired may be portable devices that are available at the registration desk. Guest rooms with permanently mounted automatic fire detection devices for the hearing-impaired, or with visual or other signaling devices approved by the Department tied into a building fire alarm system, may be provided instead of portable devices. The number of guest rooms with permanently mounted devices shall be in accordance with the table in paragraph (1).

(c) Notice of the availability of portable automatic fire detection devices for the hearing-impaired, or the availability of guest rooms with special signaling devices for the hearing-impaired, shall be posted in the area of guest registration.

(d) A guest may not be charged for the use of the special alarms for the hearing-impaired. The hotel, motel, lodging home, boarding home or similar business may require a refundable deposit, not to exceed $50, for the use of portable automatic fire detection devices for the hearing-impaired. The deposit shall be returned upon the return of the device.

The provisions of this § 55.53 adopted August 7, 1992, effective August 8, 1992, 22 Pa.B. 4091.

This section cited in 34 Pa. Code § 49.2 (relating to jurisdiction and effective dates).

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.61 General requirements.

Emergency lighting shall be required in buildings with more than 10,000 square feet of floor area. Areas of basements without permanent occupancy may not be included in the floor area.

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.62 More than two stories in height.

Emergency lighting shall be required for buildings more than two stories in height.

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.63 Required areas.

Emergency lighting shall be provided as follows:

(1) Exitways, corridors, stairways, passageways, halls, landings of stairs, exit doors, including angles and intersections, and other means of egress.

(2) Rooms used for assembly purposes in excess of 750 square feet.

(3) To illuminate exit or directional exit signs.

(4) Rooms in which emergency lighting equipment is located.

(5) Exterior light over required exit discharge.

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.71 Fire extinguishers.

(a) Fire extinguishers with a minimum 2-A rating shall be provided as follows:

(1) Apartment units—one per unit.

(2) Other C-2 occupancies—one for each 3,000 square feet or fraction thereof.

(b) There shall be a minimum of one fire extinguisher per floor including basement.

(c) Fire extinguishers shall be located so that it shall not be necessary to travel more than 100 feet in any direction to reach the nearest unit.

(d) A fire extinguisher with a minimum 10-B rating shall be provided in each kitchen.

(e) Where fire extinguishers are installed in a closet or recessed in a wall or obscured from view, there shall be provided adjacent thereto a constant blue light of not less than 25 watt capacity. Fire extinguishers in individual apartments need not comply with this subsection.

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.72 Automatic sprinkler systems.

Automatic sprinkler systems required by this chapter shall comply with § 50.72 (relating to automatic sprinkler systems).

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.81 Hazardous areas.

(a) Boiler or furnace rooms, repair or maintenance rooms, trash rooms, and rooms or spaces used for the storage of combustible materials in quantities deemed hazardous by the Department, shall be separated from other areas of the building by 1-hour partitions, floors, and ceilings. Openings shall be protected C label door assemblies. Combustion and ventilation air for boiler, incinerator or heater rooms shall be taken directly from and discharged directly to the outside air.

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 55.82 Large personal care homes.

(a) Large personal care homes are approved and licensed by the Department of Public Welfare of the Commonwealth.

(b) Automatic fire alarm systems shall be required.

(1) Smoke detectors shall be required in all corridors and rooms of the buildings except that heat detectors may be used in kitchens, bathrooms, boiler rooms, furnace rooms and other special rooms as approved by the Department. Other detection devices may be approved by the Department for special conditions.

(2) All other provisions for automatic fire alarm systems in § 50.52 (relating to automatic system) shall apply.

(1) Fire drills shall be conducted monthly. A written log shall be kept listing the time and date of all fire drills.

(2) Employes shall be trained in the use of fire extinguishers and evacuation methods.

(3) Facilities shall have an evacuation plan, and residents and employes shall be made aware of this plan by the owner.

History

Authority: The provisions of this Chapter 55 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 55 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

Chapter 56 Division C-3 Small Group Habitation

34 Pa. Code § 56.1 Division C-3 occupancy.

This division shall apply to a building which only has one living unit where four through eight residents are in group habitation. Small personal care homes, dormitories, lodging houses, orphanages, group homes, group foster homes and the like with four through eight residents shall be in this classification.

History

Authority: The provisions of this Chapter 56 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 56 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 56.2 Separation and mixed occupancy.

When a C-3 occupancy shares a structure with one or more occupancies, the structure shall be governed in one of the following manners:

History

Authority: The provisions of this Chapter 56 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 56 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 56.3 Hazards.

D-H, hazardous occupancies may not be permitted in the same structure housing a C-3 occupancy.

History

Authority: The provisions of this Chapter 56 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 56 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 56.11 Story height.

Fireresistive, noncombustible, protected heavy timber, ordinary or frame construction may be used.

(1) Residents of C-3 occupancies shall be limited to floor levels not more than two stories above exit discharge except that residents of small personal care homes shall be limited to floor levels not more than one story above exit discharge.

(2) Owners or operators may occupy any level.

History

Authority: The provisions of this Chapter 56 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 56 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 56.21 Minimum exits.

(a) For buildings with up to and including two stories, a minimum of one exit from each floor kept free from obstructions shall be provided.

(b) For buildings, in excess of two stories in height, a minimum of two exits from each floor kept free from obstructions shall be required. At least 50% of required exits shall be exit discharge doors to the outside, stair towers, or ramps.

(1) Basements used only for storage or mechanical equipment without permanent occupancy shall have a minimum of two exit access paths except that the Department may permit a single exit access for basements of less than 1,000 square feet used only for storage or mechanical equipment without permanent occupancy.

(2) Mezzanine levels shall have a minimum of two exit access paths except that the Department may permit a single exit access from mezzanines less than 1,000 square feet or mezzanines used exclusively for storage or mechanical equipment without a permanent occupancy.

History

Authority: The provisions of this Chapter 56 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 56 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 56.23 Means of egress capacity.

Units of width shall comply with § 50.23 (relating to means of egress capacity).

History

Authority: The provisions of this Chapter 56 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 56 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 56.24 Exit doors.

Exit discharge doors leading to the outside shall comply with § 50.24(f) and (g) (relating to exit doors and exit access doors).

History

Authority: The provisions of this Chapter 56 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 56 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 56.25 Stair towers.

Stair towers shall comply with § 50.25 (relating to stair towers).

History

Authority: The provisions of this Chapter 56 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 56 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 56.26 Intercommunicating stairways.

Intercommunicating stairways shall comply with § 50.26 (relating to intercommunicating stairways).

History

Authority: The provisions of this Chapter 56 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 56 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 56.27 Ramps.

Ramps shall comply with § 50.27 (relating to ramps).

History

Authority: The provisions of this Chapter 56 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 56 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 56.28 Horizontal exits.

Horizontal exits shall comply with § 50.28 (relating to horizontal exits).

History

Authority: The provisions of this Chapter 56 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 56 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 56.29 Escalators.

Escalators shall be permitted for communication from one story to another but shall not be counted as exits.

History

Authority: The provisions of this Chapter 56 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 56 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 56.31 Vertical openings.

In buildings which require more than one means of egress, at least one of the required means of egress shall be a stair tower of 1-hour construction with C label fire door assemblies except that an exterior stair may be used in lieu of a stair tower.

History

Authority: The provisions of this Chapter 56 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 56 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 56.41 Interior finishes.

There are no requirements for interior finishes.

History

Authority: The provisions of this Chapter 56 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 56 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 56.51 Not required.

Manual fire alarm systems are not required for C-3 occupancies.

History

Authority: The provisions of this Chapter 56 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 56 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 56.52 Required.

An automatic fire alarm system shall be installed in all facilities.

(1) Detection Devices shall be listed as meeting U. L. 217, 1980 Edition. A minimum of one automatic detection device shall be provided on each floor including basement. One automatic detection device shall be located in a common area such as a hall, corridor, or similar area. A detection device shall be located at the top or bottom of each stair. This device may satisfy the requirement for a minimum of one detection device on each floor. See Diagram A for suggested locations of detection devices.

(2) The top of wall mounted detection devices shall be 4 to 12 inches from the ceiling.

(3) Ceiling mounted detection devices shall be located close to the center of the common area, but in no case closer than 6 inches from the wall.

(4) An automatic detection device shall be located outside each sleeping room or area. See Diagram B for suggested locations of detection devices.

(5) The automatic detection devices shall be interconnected so all alarm devices sound if any is activated.

This section cited in 34 Pa. Code § 49.2 (relating to jurisdiction and effective dates).

History

Authority: The provisions of this Chapter 56 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 56 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 56.61 Not required.

There are no requirements for emergency lighting systems.

History

Authority: The provisions of this Chapter 56 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 56 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 56.71 Fire extinguishers.

A minimum of one fire extinguisher with a minimum 2-A rating shall be provided for each 3,000 square feet, but in no case shall there be less than one fire extinguisher per floor including basement.

History

Authority: The provisions of this Chapter 56 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 56 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 56.72 Cooking areas.

A fire extinguisher with a minimum 10-B rating shall be provided in each kitchen or cooking area.

History

Authority: The provisions of this Chapter 56 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 56 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 56.73 Combination.

A combination fire extinguisher unit which satisfies the 2-A and 10-B minimum requirements may be used in place of multiple units.

History

Authority: The provisions of this Chapter 56 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 56 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 56.81 Flammable liquids.

The storage of flammable liquids or the use of portable devices for heating or light which use flammable liquids is prohibited. For purposes of this section, flammable liquids is defined as gasoline, kerosene or similar liquids.

History

Authority: The provisions of this Chapter 56 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 56 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 56.82 Small personal care homes.

(a) Small personal care homes are approved and licensed by the Department of Public Welfare of the Commonwealth.

(b) Fire drills and evacuation plans shall be required.

(1) Fire drills shall be conducted monthly. A written log shall be kept listing the time and date of all fire drills.

(2) Employes shall be trained in the use of fire extinguishers and evacuation methods.

(3) Facilities shall have a evacuation plan, and residents and employes shall be made aware of this plan by the owner.

History

Authority: The provisions of this Chapter 56 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 56 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

Chapter 57 Division C-4 Single Exit Apartments

34 Pa. Code § 57.1 Division C-4.

This Division shall apply to apartment units which qualify for a single means of egress.

History

Authority: The provisions of this Chapter 57 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 57 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 57.2 Separation and mixed occupancy.

When a C-4 occupancy shares a structure with one or more occupancies, the structure shall be governed in one of the following manners:

(1) C-4 occupancies shall be separated from all A-1, A-2, B, C-1, C-3 and C-5 occupancies by fire walls. Each portion thus separated shall be considered a separate building.

(2) C-4 occupancies may be separated from A-3, C-2 and D-O occupancies by fire walls and considered separate buildings, or C-4 occupancies may share a building with A-3, C-2 or D-O occupancies as a mixed occupancy when all of the following conditions are met:

(i) The construction type complies with the most restrictive limitations of all divisions occupying the building.

(ii) The building size limitations and story height limitations do not exceed the C-4 requirements.

History

Authority: The provisions of this Chapter 57 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 57 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 57.3 Hazards.

D-H, hazardous occupancies, shall not be permitted in the same structure housing a C-4 occupancy.

History

Authority: The provisions of this Chapter 57 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 57 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 57.11 Story height.

(a) C-4 occupancies shall be governed by the story height and construction type limitations as follows:

(1) Fireresistive construction modified.

(i) This shall be limited to three stories in height with a maximum of 3,000 square feet per story between exterior walls or 2-hour fire walls. Exit corridors and stair towers shall not be included in the 3,000 square feet.

(ii) All general provisions for fireresistive construction shall apply except that:

(A) Roof framing and sheathing may be of wood; however, the roofing material shall be Class A, B, or C.

(B) Floor construction shall be of incombustible material with a 1-hour fire rating.

(2) Noncombustible construction modified.

(i) This shall be limited to two stories in height with a maximum of 3,000 square feet per story between exterior walls or 2-hour fire walls. Exit corridors and stair towers shall not be included in the 3,000 square feet.

(ii) Construction shall be 1-hour rated construction in which bearing walls, columns, beams, other supporting members, ceiling/roof assemblies, floor/ceiling assemblies, stairways, and other openings through floors are of 1-hour rated construction.

(iii) Roof framing and sheathing may be of wood; however, the roofing material shall be Class A, B, or C.

(3) Ordinary construction modified.

(i) This shall be limited to two stories in height with 3,000 square feet per story between exterior walls or 2-hour fire walls. Exit corridors and stair towers shall not be included in the 3,000 square feet.

(iii) Roofing shall be Class A, B, or C.

(4) Wood frame construction modified.

(i) This shall be limited to two stories in height with a maximum of 2,000 square feet per story between exterior walls or 2-hour fire walls. Exit corridors and stair towers shall not be included in the 2,000 square feet.

(iii) The roofing material shall be Class A, B, or C.

(b) Apartment units shall be separated from each other and all other portions of the building by a minimum of 1-hour rated construction.

History

Authority: The provisions of this Chapter 57 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 57 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 57.21 Minimum exits.

One means of egress shall be required. It shall be a stair tower except that apartment units which exit directly to grade do not require access to a stair tower. An individual apartment which occupies more than one floor level shall only be required to have an exit from one floor level.

History

Authority: The provisions of this Chapter 57 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 57 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 57.23 Means of egress capacity.

Units of width shall comply with § 50.23 (relating to means of egress capacity).

History

Authority: The provisions of this Chapter 57 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 57 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 57.24 Exit doors.

Exit discharge doors leading to the outside shall comply with § 50.24 (relating to exit doors and exit access doors).

History

Authority: The provisions of this Chapter 57 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 57 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 57.25 Stair towers.

Stair towers shall comply with § 50.25 (relating to stair towers).

History

Authority: The provisions of this Chapter 57 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 57 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 57.26 Intercommunicating stairways.

Intercommunicating stairways may be used to communicate from story to story; however, they shall not be counted as exits.

History

Authority: The provisions of this Chapter 57 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 57 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 57.27 Ramps.

Ramps shall comply with § 50.27 (relating to ramps).

History

Authority: The provisions of this Chapter 57 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 57 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 57.31 Vertical openings.

Vertical openings shall comply with § § 50.31—50.34 (relating to vertical openings).

History

Authority: The provisions of this Chapter 57 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 57 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 57.41 Interior finishes.

(a) Interior finishes shall be Class A or Class B for exits and exit corridors.

(b) Interior finish requirements may be reduced by one class in buildings totally protected by an automatic sprinkler system.

History

Authority: The provisions of this Chapter 57 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 57 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 57.51 Manual alarms.

Manual fire alarms are not required.

History

Authority: The provisions of this Chapter 57 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 57 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 57.52 Automatic alarms.

(a) An automatic fire alarm system shall be provided for C-4 occupancies except for buildings totally protected by an automatic sprinkler system. The automatic fire alarm system shall comply with § 50.52 (relating to automatic system), except that buildings with 12 or less apartments may comply with paragraph (4).

(b) Smoke detectors shall be located in the corridors, stairs and rooms not located within an individual apartment. This shall include unfinished basements. Heat detectors or other detection devices may be approved by the Department for use in special rooms such as boiler rooms, furnace rooms, incinerator rooms, and the like. Detection devices required by this paragraph shall be interconnected with required fire alarm systems.

(c) In addition to the automatic fire alarm system required in paragraph (2), each apartment shall have a minimum of one smoke detection device. This device may be a single-station detection device which is not interconnected with the automatic fire alarm system. Single-station detection devices shall be listed as meeting U. L. 217, 1980 Edition.

(d) Smoke detectors listed as meeting U. L. 217, 1980 Edition, as multiple-station smoke detectors shall be provided in the common areas, such as halls, corridors, stair towers, basements or similar areas. These detectors shall be interconnected so that all devices sound an alarm conditioned upon activation of an individual detector. The smoke detectors may be ceiling or sidewall mounted, with a minimum of a 4-inch clearance from a ceiling to wall jointure, measured from the jointure to the top of the detector.

The provisions of this § 57.52 adopted May 18, 1984, effective May 19, 1984, 14 Pa.B. 1765; amended August 7, 1992, effective August 8, 1992, 22 Pa.B. 4091. Immediately preceding text appears at serial pages (89127) to (89128).

This section cited in 34 Pa. Code § 49.2 (relating to jurisdiction and effective dates).

History

Authority: The provisions of this Chapter 57 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 57 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 57.61 General requirements.

Emergency lighting shall be required for all buildings more than two stories in height.

History

Authority: The provisions of this Chapter 57 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 57 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 57.62 Areas to be provided.

Emergency lighting shall be provided in the following areas:

(1) Exitways, corridors, stairways, passageways, halls, landings of stairs, exit doors, including angles and intersections, and other means of egress.

(2) Rooms in which emergency lighting equipment is located.

(3) Exterior light over required exit discharge.

History

Authority: The provisions of this Chapter 57 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 57 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 57.71 Fire extinguishers.

(a) There shall be a minimum of one 2-A 10-B fire extinguisher per living unit.

(b) There shall be a minimum of one 2-A fire extinguisher for any basement area not used for living units.

History

Authority: The provisions of this Chapter 57 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 57 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 57.81 Hazardous areas.

(a) Boiler or furnace rooms, repair or maintenance rooms, trash rooms, and rooms or spaces used for the storage of combustible materials in quantities deemed hazardous by the Department shall be separated from other areas of the building by 1-hour partitions, floors and ceilings. Openings shall be protected by C label door assemblies. Combustion and ventilation air for boiler, incinerator or heater rooms shall be taken directly from and discharged directly to the outside air.

History

Authority: The provisions of this Chapter 57 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 57 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

Chapter 58 Division D-O Ordinary Commercial, Industrial, Office

34 Pa. Code § 58.1 Division D-O occupancies.

Buildings primarily used or designed for manufacturing, assembling, warehousing, sale or storage of combustible but not highly flammable products and materials and buildings used for offices and the like shall be classified as Division D-O occupancies.

History

Authority: The provisions of this Chapter 58 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 58 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 58.2 Separation and mixed occupancy.

When a D-O occupancy shares a structure with one or more occupancies, the structure shall be governed in one of the following manners:

(3) Enclosed shopping malls. Enclosed shopping malls in which all stores and spaces are totally sprinklered do not require any separation between public malls and assembly occupancy groups as long as each assembly occupancy has 50% of its required units of exit independent of the mall.

History

Authority: The provisions of this Chapter 58 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 58 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 58.11 Story height.

(a) D-0 occupancies shall be governed by the story height limitations in the following table:

History

Authority: The provisions of this Chapter 58 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 58 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 58.21 Minimum exits.

(a) There shall be a minimum of two exits reasonably remote from each other, except that one story buildings 1,200 square feet or less may have one exit. At least 50% of all required exits shall be exit discharge doors to the outside, stair towers or ramps.

(b) Basements used only for storage or mechanical equipment without any permanent occupancy shall have a minimum of two exit access paths except that the Department may permit a single exit access for basements less than 1,000 square feet used only for storage or mechanical equipment without any permanent occupancy.

History

Authority: The provisions of this Chapter 58 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 58 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 58.22 Travel distance to exits.

(b) Travel distance may be increased to the following in buildings totally protected by an automatic sprinkler system:

(1) 200 feet from any point to an exit.

(2) 300 feet between exits.

(3) 100 feet for dead ends and areas with a single path of egress.

History

Authority: The provisions of this Chapter 58 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 58 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 58.23 Means of egress capacity.

Units of width shall comply with § 50.23 (relating to means of egress capacity).

History

Authority: The provisions of this Chapter 58 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 58 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 58.24 Exit doors.

Exit discharge doors leading to the outside shall comply with § 50.24 (relating to exit doors and exit access doors).

History

Authority: The provisions of this Chapter 58 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 58 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 58.25 Stair towers.

Stair towers shall comply with § 50.25 (relating to stair towers).

History

Authority: The provisions of this Chapter 58 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 58 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 58.26 Intercommunicating stairways.

Intercommunicating stairways shall comply with § 50.26 (relating to intercommunicating stairways).

History

Authority: The provisions of this Chapter 58 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 58 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 58.27 Ramps.

Ramps shall comply with § 50.27 (relating to ramps).

History

Authority: The provisions of this Chapter 58 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 58 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 58.28 Horizontal exits.

Horizontal exits shall comply with § 50.28 (relating to horizontal exits).

History

Authority: The provisions of this Chapter 58 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 58 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 58.29 Escalators.

Escalators shall be permitted for communication from one story to another.

History

Authority: The provisions of this Chapter 58 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 58 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 58.31 Vertical openings.

Vertical openings shall comply with § § 50.31—50.34 (relating to vertical openings).

History

Authority: The provisions of this Chapter 58 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 58 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 58.41 Interior finishes.

(a) Interior finishes shall be Class A for exits and exit corridors except that carpet covering floors may be Class A or B.

(b) Interior finish requirements may be reduced by one class in buildings totally protected by an automatic sprinkler system.

History

Authority: The provisions of this Chapter 58 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 58 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 58.51 Manual alarms.

Manual fire alarms shall be provided in buildings more than two stories in height with more than 5,000 square feet of floor space above the second story.

History

Authority: The provisions of this Chapter 58 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 58 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 58.52 Automatic alarms.

Automatic detection systems are not required except that they may be required when the D-0 occupancy shares a structure with another occupancy group as a mixed occupancy.

History

Authority: The provisions of this Chapter 58 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 58 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 58.61 General requirements.

Emergency lighting shall be required for buildings more than two stories in height with more than 5,000 square feet of floor space above the second floor, the mall portion of enclosed shopping malls and stores with more than 4,000 square feet of public access space.

History

Authority: The provisions of this Chapter 58 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 58 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 58.62 Areas to be provided.

Emergency lighting shall be as follows:

(1) Exitways, corridors, stairways, passageways, halls, landings of stairs, exit doors, including angles and intersections, and other means of egress.

(2) Rooms used by more than 50 persons.

(3) To illuminate exit or directional exit signs.

(4) Rooms in which emergency lighting equipment is located.

(5) Exterior light over required exit discharge.

History

Authority: The provisions of this Chapter 58 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 58 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 58.71 Fire extinguishers.

(b) A fire extinguisher with a minimum 10-B rating shall be provided in each kitchen.

History

Authority: The provisions of this Chapter 58 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 58 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 58.72 Automatic sprinkler systems.

Automatic sprinkler protection shall comply with § 50.72 (relating to automatic sprinkler systems). All buildings or structures meeting the definition of high rise buildings in § 49.1 (relating to definitions) shall be equipped with an automatic sprinkler system.

Exceptions

History

Authority: The provisions of this Chapter 58 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 58 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 58.81 Hazardous areas.

History

Authority: The provisions of this Chapter 58 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 58 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

Chapter 59 D-H Hazardous Commercial, Industrial, Office

34 Pa. Code § 59.1 Division D-H (hazardous occupancies).

Buildings primarily used for occupancies involving highly combustible, explosive or unstable products or materials that constitute a special fire, life or toxic hazard because of the forms, characteristics or volume of the materials used shall be classified as Division D-H occupancies. A building, structure or a part thereof used for storage, warehousing, manufacturing, processing, use or sale of highly combustible products or materials, including the following and those of equal fire and life hazard shall be classified under D-H hazardous occupancies.

(1) Chemicals which pose serious flame or explosive hazards upon coming into contact with water or moisture, such as metallic sodium, metallic potassium, sodium peroxide, calcium phosphide, yellow phosphorous and metallic magnesium powder, aluminum powder, calcium carbide, red phosphorus and the like.

(2) Processes which produce dust, lint or other particles or matter liable to instantaneous ignition or explosion.

(3) Ammonia, chlorine, phosgene, carbon bisulphide, and other toxic irritants or corrosives and fume hazard gases such as acetylene, ether, ethyl chloride, ethylene, liquified hydro-carbons, ethyl chloride gas, and similar gases.

(4) Naphtha, ether, benzol, styrene, butadiene, collodion, ethyl, acetate, amyl acetone, amyl alcohol, kerosene, turpentine, petroleum paint (including paint mixing and spraying rooms), varnish, dryer, gasoline, alcohol, oil in bulk quantities and similar highly flammable liquid. (Paint spray booth approved by the Department shall be classified as D-O occupancies).

(5) Manufacture and processing of imitation leather, paint, and other pyroxylin products.

(6) Storage of nitrocellulose, or products composed in whole or in part of nitrocellulose or similar flammable materials, such as films, combs, pens, pencils, toilet articles, and the like.

(7) Hydrocloric, nitric, sulphuric and hydrofluoric acids.

(8) Asphalt, tar pitch, resin, waxes and fats, either alone or combined with other materials.

(9) Flammable fibrous materials such as hay, straw, broomcorn, hemp, tow, jute, sisal, excelsior, kapok, hair, oakum, and the like.

(10) Processing or storing of artificial flowers, matches, mattresses, rubber, cork, brooms, carpet linings, paper, pasteboard, feathers, cotton, including cotton rag sorting rooms, shoddy mills, oil refineries, distilleries, sugar refineries, cereal, flour, grist and starch mills, rendering plants, drying rooms, and occupancies of equal fire and life hazard.

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.2 Further authority.

The Department will have the authority to alter this Chapter and to impose any other regulations and restrictions considered necessary for protection of life and limb.

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.3 Occupancy separations and mixed occupancies.

When a D-H occupancy shares a structure with one or more occupancies, the structure shall be governed in one of the following manners:

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.4 Prohibited occupancy mixtures.

D-H, Hazardous Occupancies, shall not be permitted in the same structure housing Group A, B, or C occupancies.

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.11 Story height.

D-H occupancies shall be governed by the story height limitations in the following table:

(b) *An additional story shall be permitted in noncombustible construction when the building is 1-hour rated construction or totally protected by an automatic sprinkler system. The maximum story height may be increased by one story.

(c) Noncombustible construction shall be considered 1-hour rated construction when bearing walls, columns, beams, other supporting members, ceiling/roof assemblies, floor/ceiling assemblies, stairways, and other openings through floors are of 1-hour rated construction.

(d) The maximum floor area shall not exceed 50,000 square feet unless the floor area is separated by 2-hour fire walls into individual areas not to exceed 50,000 square feet. The undivided floor area may be increased to 100,000 square feet in buildings protected with a total automatic sprinkler system.

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.21 Minimum exits.

There shall be a minimum of two exits reasonably remote from each other. All required exits shall be exit discharge doors to the outside stair towers or ramps.

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.22 Travel distance to exits.

Exits shall be arranged so that the total length of travel from any point to reach an exit will not exceed 100 feet. Exits shall be so arranged that one exit is not more than 150 feet from another exit. Dead ends and occupancy areas with a single path of egress travel should be eliminated where possible but in no case shall any of these occupancy areas be more than 50 feet from an exit.

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.23 Means of egress capacity.

Units of width shall comply with § 50.23 (relating to means of egress capacity).

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.24 Exit doors.

Exit discharge doors leading to the outside shall comply with § 50.24 (relating to exit doors and exit access doors).

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.25 Stair towers.

Stair towers shall comply with § 50.25 (relating to stair towers).

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.26 Intercommunicating stairways.

Intercommunicating stairways may be used to communicate from story to story; however, they shall not be counted as exits.

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.27 Ramps.

Ramps shall comply with § 50.27 (relating to ramps).

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.28 Horizontal exits.

Horizontal exits shall comply with § 50.28 (relating to horizontal exits).

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.29 Escalators.

Escalators shall be permitted for communication from one story to another but shall not be counted as exits.

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.31 Vertical openings.

Vertical openings shall comply with § § 50.31—50.34 (relating to vertical openings).

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.41 Interior finishes.

Interior finishes shall be Class A or Class B for exit corridors and stair towers.

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.51 Manual system.

Manual fire alarms shall be provided in buildings more than one story in height.

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.52 Automatic system.

Automatic fire alarm systems are not required except that they may be required when the D-H occupancy shares a structure with another occupancy group as a mixed occupancy.

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.61 Buildings more than one story.

Emergency lighting shall be required for buildings more than one story in height.

This section cited in 34 Pa. Code § 59.63 (relating to other requirements).

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.62 Buildings with more than 75 occupants.

Emergency lighting shall be required for buildings with more than 75 occupants.

This section cited in 34 Pa. Code § 59.63 (relating to other requirements).

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.63 Other requirements.

Emergency lighting, when required by § § 59.61 or 59.62 (relating to buildings more than one story; and buildings with more than 75 occupants) shall be provided as follows:

(1) Exitways, corridors, stairways, passageways, halls, landings of stairs, exit doors, including angles and intersections, and other means of egress.

(2) Rooms used by more than 50 persons.

(3) To illuminate exit or directional exit signs.

(4) Rooms in which emergency lighting equipment is located.

(5) Exterior light over required exit discharge.

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.71 Fire extinguishers.

A minimum of one fire extinguisher with a minimum 4-A rating shall be provided for each 4,000 square feet or fraction thereof, but in no case shall there be less than one fire extinguisher per floor including basement. Fire extinguishers shall be located so that it shall not be necessary to travel more than 75 feet in any direction to reach the nearest unit.

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.72 Automatic sprinkler protection.

Automatic sprinkler protection shall comply with § 50.72 (relating to automatic sprinkler systems).

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

34 Pa. Code § 59.81 Hazardous areas.

(b) American Gas Association approved gas fired forced air furnaces and space heaters; U.L. approved electrical resistive coil heating furnaces and U.L. approved oil fired forced air furnaces and space heaters need not be enclosed.

(c) In rooms and spaces within buildings of group D-H occupancy, involving explosion hazards, venting areas shall be provided to afford not less than 1 square foot of relief area to 50 cubic feet of room volume. Venting may be provided by wall areas of light noncombustible materials, top-hinged windows or panels or other pressure relieving devices arranged to open outward under predetermined pressure.

(d) Approved paint spray booths which are either equipped with an adequate exhaust system, to be operated before paint may be applied and continued in operation until the paint is dry, or which are equipped with an approved water paint vehicle recirculating system shall not be considered D-H occupancies.

History

Authority: The provisions of this Chapter 59 issued under act of April 27, 1927 (P.
Source: The provisions of this Chapter 59 adopted May 18, 1984, effective May 19, 1984, 14 Pa.

Part II Bureau of Employment Security

Subpart A Unemployment Compensation

Chapter 61 Administration

34 Pa. Code § 61.1 Definitions.

Terms which are defined in the law and which are used in this subpart have the same meanings as provided in the law. In addition, the following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise: Applicant—An individual applying for services with an employment office. Application for benefits—The initial request for unemployment compensation filed under section 501(a) of the law (43 P. S. § 821(a)), preliminary to filing claims for compensation. If an application for benefits is valid, as defined in section 4(w) of the law (43 P. S. § 753(w)), the application establishes a benefit year commencing on the effective date of the application. Board—The Unemployment Compensation Board of Review of the Commonwealth. Bureau—The Department. Claim for compensation—A request for waiting week credit or payment of compensation for a week when the claimant was unemployed, filed under section 501(c) of the law. Claimant—An individual applying for compensation under the law, the unemployment compensation law of another state or territory of the United States, or under 5 U.S.C. Chapter 85 (UCFE and UCX programs). Contributions—The money payments required by sections 301 and 301.1 of the law (43 P. S. § § 781 and 781.1) to be made to the Unemployment Compensation Fund by an employer with respect to employment. Department—The Department of Labor and Industry of the Commonwealth. Holiday pay—Remuneration payable for services performed in the claim week in which a legal holiday occurs for purposes of computing compensation for partial and part-total unemployment. Law—The Pennsylvania Unemployment Compensation Law (43 P. S. § § 751—914). Leaving work—An employe shall be deemed to have ‘‘left work’’ in the following situations:

(i) If he walked off work or abandoned his position.

(ii) If, having been on temporary short term layoff with a specific date of return, he refused or failed to return to his employment on the specific date or when recalled by the employer before that date.

(iii) If he refused a transfer or a change in conditions of work which he was required to accept under his contract of employment with the employer. Payments in lieu of contributions—The money payments made into the Unemployment Compensation Fund by an employer with respect to employment, under sections 1003, 1104 and 1202.2 of the law (43 P. S. § § 893, 904 and 912.2). Secretary—The Secretary of the Department. Trainee—An individual who applies for or receives training under a training program in which the Bureau is involved. UC Office—A Department office established to accept and process applications for benefits and claims for compensation. UC Tax Review Office—The individual or agency within the Department that administers appeals to the Secretary or the Secretary’s designee. UCTS—The Office of Unemployment Compensation Tax Services, or its successor agency, within the Department. Week—Except as otherwise specifically provided, a week, with respect to an individual who files a claim for unemployment, means the calendar week—Sunday through Saturday, except that those individuals who are filing claims for compensation for a period of unemployment which began prior to the effective date of this section shall continue to file claims for weeks of any 7 consecutive days for as long as that period of unemployment continues and they are otherwise eligible. For purposes of this section, if the workday of an individual includes parts of 2 calendar days, the work performed by the individual during the workdays shall be considered to have been performed during the first of the calendar days.

The provisions of this § 61.1 amended May 4, 1973, 3 Pa.B. 46; amended February 11, 2011, effective February 12, 2012, 41 Pa.B. 844. Immediately preceding text appears at serial pages (317794) and (328195).

This section cited in 34 Pa. Code § 65.139 (relating to definitions).

History

Source: The provisions of this § 61.

34 Pa. Code § 61.2 Social security account numbers.

(a) An employer shall ascertain the social security account number of his employes.

(b) The employer shall inform an employe who does not have a social security account number of the provisions of Regulation 128 of the Bureau of Internal Revenue. If the employe fails to comply with the requirements of the regulation, the employer shall execute a Form SS-5, Application for Social Security Number, for the employe.

Week

Because a week begins on Sunday and the legal holiday was on Monday, the first day of the week as that term is defined in the Law is not a customary vacation period although it is a customary day off for working people. Therefore, school bus drivers seeking unemployment compensation were not excluded from coverage for a week in which Monday was a holiday and the remainder of the week was snow days under 43 P. S. § 802.1. North Penn Sch. Dist. v. Unemployment Compensation Board of Review, 662 A.2d 1161 (Pa. Cmwlth. 1995).

History

Source: The provisions of this § 61.

34 Pa. Code § 61.3 Wages.

(a) Date of payment.

(1) General rule—Wages are considered paid on the date when the employer actually pays them.

(2) Delayed payment of wages—For purposes of benefits, if payment of wages is delayed, the wages are considered paid on the date when the employer generally pays amounts definitely assignable to a payroll period.

(b) Shipping Articles. Wages with respect to services performed under Shipping Articles, which are effective for a period of more than 1 month and under which wages are not paid in full at periodic intervals of 1 month or less, shall be considered to be paid in the calendar quarter in which the services of the employe were being performed. The amount of those wages shall be determined on the basis of the ratio of the number of days in a calendar quarter in which service was performed by the employe to the total number of days in which the employe performed services under the Shipping Articles.

(1) General rule—Except as provided in paragraph (2), the money value of remuneration paid in mediums other than cash is the fair market value of the remuneration at the time of payment.

(2) Meals and lodging—Meals and lodging are valued at amounts assigned to meals and lodging in the documents referenced in 41 CFR 301-11.6 (relating to where do I find maximum per diem and actual expense rates), for the calendar year in which they are provided and for the location where they are provided, unless the employer is able to produce sufficient, credible evidence that the fair market value of the meals and lodging is less than such values.

The provisions of this § 61.3 amended February 11, 2011, effective February 12, 2011, this section will be in effect as to wages paid on or after January 1, 2012, 41 Pa.B. 844. Immediately preceding text appears at serial pages (328196) and (313903).

Date of Payment

The Unemployment Compensation Board of Review is bound by this regulation and is required to treat wages as paid on the date the employer was supposed to make the payments. Therefore, the Board erred in concluding that the lump sum payment was properly assignable to the second quarter of 1994, rather than to the period from April of 1994 through March of 1995 to an employe on ‘‘leave’’ status when the payment had a direct relation to the personal services rendered with respect to claimant’s employment. Coates v. Unemployment Compensation Board of Review, 676 A.2d 742 (Pa. Cmwlth. 1996).

The Unemployment Compensation Referee and the Board of Appeals properly applied back wages earned by employes to the quarter in which they earned the wages rather than the quarter when the wages were paid as required by the rationale of Cugini v. Unemployment Compensation Board of Review, 512 A.2d 1169 (Pa. 1986). USX Corporation v. Unemployment Compensation Board of Review, 551 A.2d 389 (Pa. Cmwlth. 1988).

Subsection (a) provides that ‘‘(w)ages shall be deemed to be paid on the day . . . generally paid by the employer, even though the wages have not actually been reduced to the possession’’ of the employee, controls the attribution of severance pay for purposes of computing claimant base year wages. Cugini v. Unemployment Compensation Board of Review, 512 A.2d 1169 (Pa. Cmwlth. 1986).

This section, assigning wages to usual pay date rather than actual date of receipt, pertains to employers’ reporting of wages for fund collection purposes and is not relevant to assignment for wages for purposes of determining claimant eligibility for benefits. Rebo v. Unemployment Compensation Board of Review, 499 A.2d 732 (Pa. Cmwlth. 1985) appeal granted 518 A.2d 807 (Pa. 1986).

Generally Paid

The 1994 employe calendar published by employer and claimant’s wage records, indicated that group III employes, such as claimant, received paychecks as a rule on alternate Fridays throughout 1994; thus, claimant was ‘‘generally paid’’ every other Friday. Accordingly, the $952 payment on March 31, 1994, a Thursday, should have been attributed to April 1, 1994, a Friday; thus, claimant was entitled to unemployment compensation benefits. Gibson v. Unemployment Compensation Board of Review, 682 A.2d 422 (Pa. Cmwlth. 1996).

History

Source: The provisions of this § 61.

34 Pa. Code § 61.3a Third party sick pay.

(a) Definitions. For purposes of this section:

(1) A sick pay payment is any payment on account of sickness or accident disability that is ‘‘wages’’ as provided in the law.

(2) A third party payor is an entity that makes a sick pay payment, is not reimbursed for the payment on a cost plus fee basis, and is not an employer of the recipient.

(3) A funding employer is an entity that finances, directly or indirectly, in whole or in part, a sick pay payment to one or more of its employees by a third party payor.

(b) Reporting and contribution requirements.

(1) A funding employer shall report, and pay the contributions due with respect to, a sick pay payment, unless a third party payor is required to do so.

(2) A third party payor shall report, and pay the contributions due with respect to, a sick pay payment it makes, unless within 15 days of payment the third party payor gives written notice to the funding employer for which the recipient most recently performed services, of the name and social security account number of the recipient and the amount of the payment.

(d) Enforcement. A third party payor that is required to report, and pay contributions on, a sick pay payment, is deemed to be an employer for the purpose of application of all provisions in the law relating to its enforcement, and the collection of contributions, interest and penalties.

The provisions of this § 61.3a adopted February 11, 2011, effective February 12, 2011, 41 Pa.B. 844.

History

Source: The provisions of this § 61.

34 Pa. Code § 61.4 Notification of employe’s rights.

(a) Employers shall post and maintain, in places readily accessible to their employes, printed notices or posters informing employes of their potential rights to benefits under section 405 of the law (43 P. S. § 805) and providing general instructions as to what the employe shall do and where the employe shall go to obtain those benefits.

(b) Copies of printed notices or posters may be obtained from the Bureau, upon request, without cost to the employer.

History

Source: The provisions of this § 61.

34 Pa. Code § 61.5 Special Administration Fund.

(a) Contributions, together with interest and penalties thereon, received or collected by the Bureau from employers under the provisions of section 601 of the law (43 P. S. § 841) shall be credited to the Employers’ Contribution Account. Interest and penalties credited to the account shall not be deemed to be a part of the Unemployment Compensation Fund, and shall be transferred to the Special Administration Fund at convenient intervals, section 641.1 of the law (43 P. S. § 841.1).

(b) No refund of interest or penalties will be made to an employer from the Unemployment Compensation Fund, and no deduction of interest or penalties erroneously paid will be allowed an employer with respect to future payments of contributions, interest or penalties until an amount of money equal to or in excess of the interest or penalties has been transferred from the Special Administration Fund to the Unemployment Compensation Fund.

(c) Additional amounts of money will be transferred from time to time, in keeping with the provisions of subsection (b), so that the total amount of money thus transferred will, at all times, be equal to or in excess of the sum of the total amounts of interest and penalties erroneously paid and which fall into one of the following categories:

(1) Those refunded subsequent to May 31, 1945.

(2) Those allowed to be deducted by employers with respect to future payments of contributions, interest or penalties subsequent to that date.

(3) Those included in the amounts of checks which have been deposited since that date and which have been returned unhonored, unless the checks have been subsequently redeposited and honored.

(d) Any money transferred under the provisions of subsection (c) and which are in excess of the total amounts of such interest and penalties shall be considered as a credit in the Unemployment Compensation Fund against future transfer required to be made by the provisions of this section.

History

Source: The provisions of this § 61.

34 Pa. Code § 61.6 Disposal of records.

(a) Under the authority granted by section 209 of the law (43 P. S. § 769), the following categories of records pertaining to contributions and benefit rights shall be subject to disposal according to schedules or directives approved by the Bureau, and shall be issued through the usual media for disseminating official Bureau instructions:

(1) Records which are not required in the transaction of current business.

(2) Records which do not have administrative, legal or research value.

(3) Records which do not have other values for contribution liability or benefits entitlement to warrant further preservation.

(b) Those contributions or benefits records which are established as the result of a specific unemployment compensation program controlled by the Federal government will be disposed of in accordance with agreements entered into with the United States Department of Labor.

(c) Records authorized for disposal under this section shall be destroyed or otherwise disposed of in accordance with current administrative and fiscal policies and with cognizance of obligation of the Bureau to preserve the confidential character of the records.

History

Source: The provisions of this § 61.

34 Pa. Code § 61.7 Discrimination in referrals.

(a) In referring applicants to employment positions, local employment offices of the Department will refrain from an act of discrimination because of the affiliation or nonaffiliation of an applicant with a labor organization.

(b) The term ‘‘act of discrimination’’ may not be construed to include referrals of persons affiliated with a labor organization on the basis of an order so specifying from an employer pursuant to his agreement or understanding, written or otherwise, with representatives of employes affiliated with the labor organization.

History

Source: The provisions of this § 61.

34 Pa. Code § 61.11 Persons eligible for compensation and expenses.

The payment of fees and expenses to individuals who have served as witnesses in proceedings conducted by the Board or the Department will be made subject to the following conditions:

(1) Persons not parties-in-interest.

(i) Payment may be made only to individuals who have received a summons or a subpoena issued by the Department or the Board in accordance with sections 506 and 304 of the law (43 P. S. § § 784 and 826), and who are not a party-in-interest to the proceeding.

(ii) In a proceeding relating to compensation rights the claimant and any last or base-year employer of the claimant shall be considered a party-in-interest.

(iii) An employer shall be considered a party-in-interest to a proceeding relating to his status or liability under section 304 of the law (43 P. S. § 784).

(iv) Agents and employees, including corporate officers, of an employer who is a party-in-interest to a proceeding, shall be considered as parties-in-interest to the proceeding.

(2) Employees of the Department. Employees of the Department may not be entitled to a payment provided by the provisions of this section, but shall be reimbursed for proper expenses in accordance with the provisions of Departmental rules and regulations governing traveling expenses of employees. The receipt of a summons or a subpoena by an employee of the Department, however, will justify the issuance of whatever authorization for travel as may be required under the travel rules and regulations.

(3) Commonwealth employees and employees of the Department. An employee of the Commonwealth who is not an employee of the Department will not be entitled to a payment provided by the provisions of this section, but will be reimbursed for expenses in the same manner as provided for employees of the Department, unless the employee shows to the satisfaction of the Department that he is not entitled to State pay for the period of time spent in attendance at a proceeding in response to a summons or a subpoena. In this event the employee is entitled to allowances as provided for other individuals who are not employees of the Commonwealth.

The provisions of this § 61.11 amended February 11, 2011, effective February 12, 2011, 41 Pa.B. 844. Immediately preceding text appears at serial pages (313904) and (227567).

This section cited in 34 Pa. Code § 61.12 (relating to reimbursable items).

History

Source: The provisions of this § 61.

34 Pa. Code § 61.12 Reimbursable items.

(a) Compensation and expenses. An individual who is eligible for reimbursement under § 61.11 (relating to persons eligible for compensation and expenses) and who resides outside the place where his attendance is required, whether the residence is within or without this Commonwealth, may be paid compensation and expenses by the Department in accordance with 42 Pa.C.S. § 5903(b)—(g) (relating to compensation and expenses of witnesses).

(b) Time limit for filing claims. An allowance or fee payable under this section shall be paid only if a claim therefore is filed with the Board or the Department within 30 days from the date of the proceeding.

The provisions of this § 61.12 amended February 11, 2011, effective February 12, 2011, 41 Pa.B. 844. Immediately preceding text appears at (227567) to (227568).

History

Source: The provisions of this § 61.

34 Pa. Code § 61.25 Confidentiality of information and fees.

(a) Confidentiality.

(1) Definition. For purposes of this subsection, ‘‘unemployment compensation information’’ means both of the following:

(i) Information in the possession of the Department or the Board pertaining to the administration of the law which reveals the name or any other identifying particular about an employer, employee or claimant or which could foreseeably be combined with publicly available information to reveal any identifying particular.

(ii) Information obtained directly or indirectly from the Department or the Board that is included in subparagraph (i) while in the possession of the Department or the Board.

(2) Rule of confidentiality.

(i) Unemployment compensation information is confidential and may be disclosed only as permitted in this subsection.

(ii) Except as provided in paragraph (5), unemployment compensation information will not be competent evidence and may not be used in any action or proceeding in any court or other tribunal.

(3) Permissible disclosure. The Department or the Board may disclose or authorize disclosure of unemployment compensation information only as follows:

(i) To officers and employees of the Department and members and employees of the Board in the administration of the law.

(ii) To a claimant, the last employer of the claimant, a base year employer of a claimant or a representative of any of the foregoing in accordance with paragraph (7), to the extent necessary for the proper determination of the claimant’s application for benefits and claims for compensation.

(iii) To an employer or a representative of an employer in accordance with paragraph (7), to the extent necessary for the proper determination of the employer’s liability for reports and payments under the law and the proper administration of the employer’s account.

(iv) To public employees in the performance of their public duties.

(v) As determined by the Department or the Board to be necessary for the proper administration of the unemployment compensation program.

(vi) As permitted by provisions of the law or as required or permitted by Federal law.

(4) Redisclosure prohibited.

(i) Officers and employees of the Department and members and employees of the Board to whom unemployment compensation information is disclosed under paragraph (3)(i) may not disclose the information to any person or before any court or other tribunal, except as authorized by the Department or the Board under paragraph (3).

(ii) Except as provided in paragraph (5), a person, other than an officer or employee of the Department or a member or employee of the Board, to whom unemployment compensation information is disclosed under paragraph (3) or otherwise may not disclose the information to any person or before any court or other tribunal without the prior, written authorization of the Department or the Board. This subparagraph applies to the initial person to whom the information is disclosed and subsequent recipients of the information.

(5) Exceptions. Paragraphs (2)(ii) and (4)(ii) do not apply to the following:

(i) A legal proceeding under the law or a statute administered or enforced by the Commonwealth.

(ii) Information disclosed to a claimant, employer or representative under paragraph (3)(ii) or (iii).

(iii) Information filed with the unified judicial system by the Department or the Board in the administration of the law.

(6) Safeguards. A person to whom unemployment compensation information is disclosed under paragraph (3) shall implement and maintain all safeguards required by the Department to protect the confidentiality of the information and comply with other terms and conditions specified by the Department in connection with disclosure of the information.

(7) Representatives. To receive information under paragraph (3)(ii) or (iii) on behalf of a claimant or an employer, a representative shall present a written authorization from the claimant or employer being represented, except in the following circumstances:

(i) A written authorization is impossible or impracticable to obtain as determined by the Department within its discretion and the representative presents other evidence of consent as required by the Department.

(ii) The representative is an elected official or a member of his staff performing constituent services and the representative presents reasonable evidence of consent.

(iii) The representative is an attorney and the attorney asserts that he is representing the claimant or employer.

(b) Fees. Except as provided in section 702 of the law (43 P. S. § 862), the Department or the Board may charge a fee to a person seeking documents or information from the Department or the Board. The fee will be an amount sufficient to compensate the Department or the Board for the costs to process the request and, if the requested documents or information are available, the cost to provide the documents and information. The amount of the fee will be calculated by the Department within its discretion.

The provisions of this 61.25 adopted February 11, 2011, effective February 12, 2011, 41 Pa.B. 844.

History

Source: The provisions of this § 61.

Chapter 67 Statements of Policy

34 Pa. Code § 67.1 Reports regarding professional employer arrangements under section 315 of the law.

(a) Under section 315(a)(4) of the law (43 P. S. § 795(a)(4)), an entity to which some or all of a workforce is transferred as part of or resulting in a professional employer arrangement under section 4(j)(2.1) of the law (43 P. S. § 753(j)(2.1)), shall file a report with the Department for each calendar quarter.

(b) The report is due by the last day of the month immediately following the calendar quarter for which the report is filed. The reporting requirements of section 315(a)(4) of the law apply to calendar quarters beginning on or after July 1, 2005.

(c) The report must be made on the Department of Labor and Industry’s website (www.peoreporting.state.pa.us) and contain the information requested at the website.

History

Source: The provisions of this Chapter 67 adopted February 24, 2006, effective February 25, 2006, 36 Pa.

Part III Bureau of Social Security for Public Employees

Chapter 71 Plan for Social Security Benefits

34 Pa. Code § 71.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The act of January 5, 1952 (P. L. (1951) 662, No. 491) (65 P. S. § § 201—209). Bureau—The Bureau of Social Security for Public Employes of the Department of Labor and Industry. Date of issue—The date upon which any action is taken as specifically indicated on the document evidencing such action. Department—The Department of Labor and Industry of the Commonwealth. Mathematical error—A mistake in computation of an amount or amount due made by way of improper addition, subtraction, multiplication, or division on any report required by the Bureau where no dispute as to coverage, liability, inclusion or exclusion, or other substantive dispute exists. Overdue amounts—Contributions not paid by a political subdivision or instrumentality when due as prescribed in the act or this chapter, or both, plus interest as added by the act or this chapter, or both, including references such as amounts which are overdue.

The provisions of this § 71.1 issued under act of January 5, 1952 (P. L. (1951) 662, No. 491) (65 P. S. § § 201—209).

The provisions of this § 71.1 amended June 6, 1980, effective June 7, 1980, 10 Pa.B. 2330. Immediately preceding text appears at serial page (9341).

History

Authority: The provisions of this Chapter 71 issued under section 6(a), (c)(1) and (d)(8) of the act of January 5, 1952 (P.
Source: The provisions of this § 71.

34 Pa. Code § 71.2 Submission of plan.

Each political subdivision or instrumentality thereof that desires to be covered under the act shall submit in duplicate its plan for benefits under Title II of the Social Security Act (42 U.S.C.A. § 418) and agreement to the Department of Labor and Industry, to the attention of the Bureau of Social Security for Public Employes, Room 1447, Labor and Industry Building, Harrisburg, Pennsylvania 17120, for its approval together with one authenticated copy of the ordinance or resolution passed by the governing body setting forth the authority of the political subdivision or instrumentality thereof for its submission of the plan and agreement.

This section cited in 34 Pa. Code § 71.24 (relating to procedures for collection—review).

History

Authority: The provisions of this Chapter 71 issued under section 6(a), (c)(1) and (d)(8) of the act of January 5, 1952 (P.
Source: The provisions of this § 71.

34 Pa. Code § 71.3 Supporting documents required.

(a) Each plan submitted shall be accompanied by all of the following:

(1) A statement indicating the name and title of the official responsible for filing with the Department the reports for such political subdivision or instrumentality thereof and the business address of such official.

(2) A list of the positions for which social security coverage is desired.

(3) A statement as to the approximate annual covered payroll which will be reported for contribution purposes.

(4) A statement as to whether there is an existing retirement system established by the political subdivision or its instrumentality and, if so, an explanation of its coverage.

(b) If any political subdivision or instrumentality thereof maintains more than one payroll record unit, the statement required by subsection (a)(3) shall also indicate the agencies, departments, or other branches in which such records are maintained, the titles of the officials in charge of such payroll units, and the business addresses of such officials.

History

Authority: The provisions of this Chapter 71 issued under section 6(a), (c)(1) and (d)(8) of the act of January 5, 1952 (P.
Source: The provisions of this § 71.

34 Pa. Code § 71.4 Filing of plan.

One copy of the plan and agreement shall be kept in the files of the Department and the other copy shall be returned to the political subdivision or its instrumentality for its files.

History

Authority: The provisions of this Chapter 71 issued under section 6(a), (c)(1) and (d)(8) of the act of January 5, 1952 (P.
Source: The provisions of this § 71.

34 Pa. Code § 71.5 Effective date of plan.

No plan shall be effective until it is approved by the Department and the political subdivision is included in the Federal-Commonwealth Agreement.

History

Authority: The provisions of this Chapter 71 issued under section 6(a), (c)(1) and (d)(8) of the act of January 5, 1952 (P.
Source: The provisions of this § 71.

34 Pa. Code § 71.6 Reports.

(a) Each political subdivision or instrumentality thereof shall make reports to the Department on forms prescribed and issued by the Department. Instructions printed on any such forms, and all other instructions issued by the Department in connection with the act, shall have the same force and effect as the provisions of this chapter.

(b) Wage reports and contributions shall become due and shall be received, filed, and paid on or before the dates designated by the Bureau in advance in the Quarterly Instructional Bulletins or informational bulletins, or both, issued by the Bureau, except that if the plan and agreement provides for the coverage of employes performing services at the time the agreement is executed for calendar quarters during which such employes were in the employ of the political subdivision or instrumentality thereof prior to date of execution of the plan and agreement, any wage reports and contributions for such prior calendar quarters shall be filed and paid no later than 60 days after the political subdivision is included in the Federal-Commonwealth Agreement.

The provisions of this § 71.6 issued under act of January 5, 1952 (P. L. (1951) 662, No. 491) (65 P. S. § § 201—209).

The provisions of this § 71.6 amended June 6, 1980, effective June 7, 1980, 10 Pa.B. 2330. Immediately preceding text appears at serial page (9343).

History

Authority: The provisions of this Chapter 71 issued under section 6(a), (c)(1) and (d)(8) of the act of January 5, 1952 (P.
Source: The provisions of this § 71.

34 Pa. Code § 71.7 Payment of contributions.

(a) Contributions shall be paid to the Department by check or money order payable to: Commonwealth of Pennsylvania Social Security Contribution Fund.

(b) The Federal employer identification number assigned to the political subdivision or instrumentality shall be inserted on the face of the check or money order.

History

Authority: The provisions of this Chapter 71 issued under section 6(a), (c)(1) and (d)(8) of the act of January 5, 1952 (P.
Source: The provisions of this § 71.

34 Pa. Code § 71.8 Interest on and payment of overdue contributions.

(a) Interest prescribed by law on overdue contribution payments shall be computed from the day following the due date thereof. Interest shall be computed at the rate of 0.5% per month for each month or fraction thereof.

(b) In accordance with this chapter and without prejudice to other available methods of collection, any overdue amounts may be deducted from any moneys payable to the political subdivision or instrumentality by any department or agency of the Commonwealth—including but not limited to funds in possession of the county treasurer, allocated to the political subdivision or instrumentality, and derived from general taxation or otherwise—upon certification by the Bureau that such amounts are overdue.

The provisions of this § 71.8 issued under act of January 5, 1952 (P. L. (1951) 662, No. 491) (65 P. S. § § 201—209).

The provisions of this § 71.8 amended June 6, 1980, effective June 7, 1980, 10 Pa.B. 2330. Immediately preceding text appears at serial page (9343).

This section cited in 34 Pa. Code § 71.23 (relating to procedures for collection—general).

History

Authority: The provisions of this Chapter 71 issued under section 6(a), (c)(1) and (d)(8) of the act of January 5, 1952 (P.
Source: The provisions of this § 71.

34 Pa. Code § 71.9 Maintenance and inspection of records.

(a) Each political subdivision or instrumentality thereof shall maintain such records as are necessary to comply with the regulations of the Federal Social Security Administration, Department of Health and Human Services, and such amendments and supplements thereto, as may from time to time be promulgated.

(b) Such records shall be made available for inspection and examination to any duly authorized representative of the Department or of the Federal Department of Health and Human Services, as the Department may from time to time require, to assure the correctness and completeness of the reports of the political subdivision.

This section cited in 34 Pa. Code § 71.22 (relating to assessment process).

History

Authority: The provisions of this Chapter 71 issued under section 6(a), (c)(1) and (d)(8) of the act of January 5, 1952 (P.
Source: The provisions of this § 71.

34 Pa. Code § 71.21 Applicability of general rules.

All decisions of the Bureau and Department will be consistent with applica ble provisions of 42 U.S.C.A. § § 401—431 and the regulations thereunder, and all proceedings except as otherwise provided in these § § 71.22—71.25 will be governed by 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).

The provisions of this § 71.21 issued under act of January 5, 1952 (P. L. (1951) 662, No. 491) (65 P. S. § § 201—209).

The provisions of this § 71.21 adopted June 6, 1980, effective June 7, 1980, 10 Pa.B. 2330.

History

Authority: The provisions of this Chapter 71 issued under section 6(a), (c)(1) and (d)(8) of the act of January 5, 1952 (P.
Source: The provisions of this § 71.

34 Pa. Code § 71.22 Assessment process.

(a) The Bureau will review all reports required under the act or this chapter when received and, if the Bureau finds that a mathematical error exists, the Bureau will immediately correct the error and notify the political subdivision or instrumentality of the correction and any additional amounts due or credit resulting from same. Any additional amounts due shall be paid within 30 days of date of issue of such notice.

(b) Where a political subdivision or instrumentality fails to file a report as required by the act or this chapter, the Bureau will immediately notify the political subdivision or instrumentality of this failure and demand such report be filed within ten days of the notification by the Bureau of such failure.

(c) If the political subdivision or instrumentality does not file the required report within this ten-day period, the Bureau will proceed to audit the records of the political subdivision or instrumentality to determine the amounts due or overdue.

(d) After such audit the Bureau will notify the political subdivision or instrumentality of the amounts due or overdue, and the political subdivision or instrumentality shall pay such amounts to the Bureau within 30 days of the date of issue of such notice.

(e) If the Bureau is unable to audit the records as set forth in subsection (c) of this section and § 71.9(b) (relating to maintenance and inspection of records), the Bureau may, in the alternative, estimate the amounts due or overdue based on the amount reported, audited, paid, and due or overdue for the similar period of the preceding calendar year or quarter for the political subdivision or instrumentality in question. The Bureau will notify the political subdivision or instrumentality of the amounts due or overdue, and the political subdivision or instrumentality shall pay such amounts to the Bureau within 30 days of this assessment notice.

(f) If payment is not made of the amount assessed under subsections (a)—(e), the Bureau will proceed to collect such amounts due or overdue in accordance with this chapter.

The provisions of this § 71.22 issued under act of January 5, 1952 (P. L. (1951) 662, No. 491) (65 P. S. § § 201—209).

The provisions of this § 71.22 adopted June 6, 1980, effective June 7, 1980, 10 Pa.B. 2330.

History

Authority: The provisions of this Chapter 71 issued under section 6(a), (c)(1) and (d)(8) of the act of January 5, 1952 (P.
Source: The provisions of this § 71.

34 Pa. Code § 71.23 Procedures for collection—general.

(a) Nothing in this chapter shall be construed to preclude the Bureau from proceeding in addition or in the alternative to the procedures provided in this chapter to collect the amounts determined to be due or overdue in any other manner authorized by law.

(b) If there are overdue amounts as the result of a mathematical error, the Bureau will:

(1) Immediately certify the amounts overdue to the appropriate agency, department, or official in accordance with § 71.8(b) (relating to interest on and payment of overdue contributions).

(2) Notify the political subdivision or instrumentality of the certification and amounts to be deducted.

(c) The overdue amounts shall be immediately deducted by the agency, department, or official and forwarded to the Bureau.

(d) If there are overdue amounts which are not the result of a mathematical error, the procedures set forth in § § 71.24 and 71.25 (relating to procedures for collection—review and hearing procedures) shall be followed if such amounts are collected under this chapter.

The provisions of this § 71.23 issued under act of January 5, 1952 (P. L. (1951) 662, No. 491) (65 P. S. § § 201—209).

The provisions of this § 71.23 adopted June 6, 1980, effective June 7, 1980, 10 Pa.B. 2330.

History

Authority: The provisions of this Chapter 71 issued under section 6(a), (c)(1) and (d)(8) of the act of January 5, 1952 (P.
Source: The provisions of this § 71.

34 Pa. Code § 71.24 Procedures for collection—review.

(a) If—upon receipt of an assessment before or after audit, a reassessment, a notice of amounts due or overdue, or other statement of adjustment—a political subdivision or instrumentality disputes the amount so assessed, reassessed, or found due or overdue for any reason other than a mathematical error, the political subdivision or instrumentality may request that the Bureau review the assessment, reassessment, notice, or adjustment made.

(b) The political subdivision or instrumentality must request review within 30 days of the date the Bureau issues the assessment, reassessment, notice, or adjustment.

(d) A request for review shall be filed in duplicate and shall include all of the following:

(1) Reference to the specific assessment, reassessment, notice or adjustment disputed.

(2) Statements of the reasons other than mathematical errors why the political subdivision or instrumentality believes the assessment, reassessment, notice, or adjustment is in error.

(3) Copies of the records relevant to support the reasons set forth in paragraph (2).

(4) Other written submissions, briefs, memoranda, and the like to support the statement of error referred to in paragraph (2).

(5) A request for a hearing, if desired, to present testimony or evidence or both to support the statement of error referred to in paragraph (2).

(e) If a request for a hearing is made as set forth in subsection (d)(5), the Bureau will proceed as set forth in § 71.25 (relating to hearing procedures).

(f) If a hearing is not requested, the Bureau will review the items presented in accordance with subsection (d) and rule upon the issues raised by the request for review.

(g) The Bureau will notify the political subdivision or instrumentality of its ruling as set forth in subsection (f). The notice shall affirm, revise, or otherwise rule upon the matters presented for review and will include a determination as to the amounts due or overdue.

(h) Amounts determined due or overdue pursuant to subsection (g) shall be paid immediately by the political subdivision or instrumentality unless an appeal is taken; provided, however, that such appeal shall not operate as a supersedeas unless specifically so ordered by the Bureau or court.

The provisions of this § 71.24 issued under act of January 5, 1952 (P. L. (1951) 662, No. 491), as amended (65 P. S. § § 201—209).

The provisions of this § 71.24 adopted June 6, 1980, effective June 7, 1980, 10 Pa.B. 2330.

This section cited in 34 Pa. Code § 71.23 (relating to procedures for collection—general); and 34 Pa. Code § 71.25 (relating to hearing procedures).

History

Authority: The provisions of this Chapter 71 issued under section 6(a), (c)(1) and (d)(8) of the act of January 5, 1952 (P.
Source: The provisions of this § 71.

34 Pa. Code § 71.25 Hearing procedures.

(a) If a hearing is requested as prescribed in § 71.24(d)(5) (relating to procedure for collection—review), the Department will immediately appoint a hearing examiner to hear testimony and receive evidence and to rule upon the issues presented. The provisions of this section supersede the provisions of 1 Pa. Code § 35.185 (relating to designation of presiding officers).

(b) The hearing examiner so appointed shall conduct a hearing, rule upon the issues presented, and issue a decision to all parties. Such decision shall affirm, revise, or otherwise rule upon the matters presented for review and shall include findings of fact, conclusions of law, and a determination as to the amounts due or overdue. The provisions of this subsection supplement the provisions of 1 Pa. Code § 35.187 (relating to authority delegated to presiding officers).

(c) The Bureau will notify the political subdivision or instrumentality of the decision of the hearing examiner and will provide the political subdivision or instrumentality with a copy of such decision.

(d) Amounts determined to be due or overdue pursuant to subsections (b) and (c) shall be paid immediately by the political subdivision or instrumentality unless an appeal is taken; provided, however, that such appeal shall not operate as a supersedeas unless specifically so ordered by the Bureau or court.

The provisions of this § 71.25 issued under act of January 5, 1952 (P. L. (1951) 662, No. 491) (65 P. S. § § 201—209).

The provisions of this § 71.25 adopted June 6, 1980, effective June 7, 1980, 10 Pa.B. 2330.

This section cited in 34 Pa. Code § 71.23 (relating to procedures for collection—general); and 34 Pa. Code § 71.24 (relating to procedures for collection—review).

History

Authority: The provisions of this Chapter 71 issued under section 6(a), (c)(1) and (d)(8) of the act of January 5, 1952 (P.
Source: The provisions of this § 71.

Part IV Apprenticeship and Training Council

Chapter 81 Equal Opportunity in Apprenticeship Programs

34 Pa. Code § 81.1 Purpose.

The purpose of the policies and procedures set forth in this chapter is to promote equality of opportunity in apprenticeship by prohibiting discrimination based on race, color, religion, national origin or sex in apprenticeship programs, by requiring affirmative action to provide equal opportunity in such apprenticeship programs, and by coordinating such policies and procedures with other equal opportunity programs.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.2 Scope.

This chapter sets forth policies and procedures to promote equality of opportunity in apprenticeship programs registered with the Council. These policies and procedures apply to the recruitment and selection of apprentices, and to all conditions of employment and training during apprenticeship, and the procedures established provide for review of apprenticeship programs, for registering apprenticeship programs, and for deregistering noncomplying apprenticeship programs.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.3 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Apprenticeship program—A program registered with the Council and evidenced by a Certificate of Registration or other appropriate document as meeting the apprenticeship standards of the Council. Council—The Apprenticeship and Training Council of the Commonwealth. Director—Any authorized person legally appointed to supervise the activities of the Council. Employer—Any person or organization employing an apprentice whether or not the apprentice is enrolled with such person or organization or with some other person or organization. Minority—One of four major ethnic groups other than Caucasian, namely Negro, American Indian, Oriental and Spanish American or a person, regardless of race, who is handicapped with a non-job-related disability. The term ‘‘Spanish American’’ or ‘‘Spanish-surnamed American’’ is deemed to include all persons of Mexican, Puerto Rican, Spanish or Cuban origin. Nonjob-related disability—Any handicap or disability which does not substantially interfere with the ability to perform the essential functions of the employment which a handicapped person applies for, is engaged in, or has been engaged in. Sponsor—Any person or organization operating an apprenticeship program, irrespective of whether the person or organization is an employer.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.11 Obligation of sponsors.

Each sponsor of an apprenticeship program shall be responsible for the following:

(1) The recruitment, selection, employment, and training of apprentices during their apprenticeship, without discrimination because of race, color, religion, national origin, sex or nonjob-related disability.

(2) The uniform application of rules and regulations concerning apprentices, including but not limited to, equality of wages, periodic advancement, promotion, assignment of work, job performance, rotation among all work processes of the trade, imposition of penalties or other disciplinary action, and all other aspects of apprenticeship program administration by the program sponsor.

(3) The taking of affirmative action to provide equal opportunity in apprenticeship, including adoption of an affirmative action plan as required by this chapter.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.12 Equal opportunity pledge.

Each sponsor of an apprenticeship program shall include in its standards the following equal opportunity pledge:

The recruitment, selection, employment and training of apprentices during their apprenticeship shall be without discrimination because of race, color, religion, national origin, sex or non-job-related disability. The sponsor shall take affirmative action to provide equal opportunity in apprenticeship and will operate the apprenticeship program as required under Title 29 of the Code of Federal Regulations, Part 30 and equal employment opportunity regulations of the Commonwealth of Pennsylvania.

This section cited in 34 Pa. Code § 81.13 (relating to programs currently registered).

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.13 Programs currently registered.

Each sponsor of a program registered with the Council shall, within 6 months following the effective date of this chapter, take the following actions:

(1) Include in the standards of its apprenticeship program the equal opportunity pledge prescribed in § 81.12 (relating to equal opportunity pledge).

(2) Adopt an affirmative action plan as required in this chapter.

(3) Adopt a selection procedure as required in this chapter. A sponsor adopting one of the selection methods specified in § § 81.32—81.34 (relating to selection of apprentices) shall prepare, and have available for submission upon request, copies of its amended standards, affirmative action plans and selection procedure. A sponsor adopting a selection method under § 81.35 (relating to alternative selection methods) shall submit to the Council copies of its standards, affirmative action plan, and selection procedure.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.14 Sponsors seeking new registration.

A sponsor of a program seeking new registration with the Council shall sub- mit copies of its proposed standards, affirmative action plan, selection procedures, and such other information as may be required. The program will be registered if such standards, affirmative action plan and selection procedure meet the requirements of this chapter.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.15 Programs subject to approved equal employment opportunity plans.

A sponsor shall not be required to adopt an affirmative action plan or a selection procedure as specified in this chapter if it submits to the Council satisfactory evidence that it is subject to an equal employment opportunity program providing for the selection of apprentices and for affirmative action in apprenticeship including goals and timetables for women and minorities which has been approved as meeting the requirements of Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000e et seq.) or Executive Order 11246, as amended (30 FR 12319; 32 FR 12986) and the implementing regulations published in 29 CFR Chapter XIV, and 41 CFR, Chapter 60; provided, that programs approved, modified, or renewed subsequent to the effective date of this amendment will qualify for this exception only if the goals and timetables for minorities and women for the selection of apprentices provided for in such programs are equal to or greater than the goals required under this part.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.16 Programs with fewer than five apprentices.

A sponsor of a program in which fewer than five apprentices are indentured will not be required to adopt a written affirmative action plan or a selection procedure as specified in this chapter; provided that such program was not adopted to circumvent the requirements of this chapter.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.21 Affirmative action defined; adoption of plan.

(a) Affirmative action is not mere passive nondiscrimination. It includes procedures, methods and programs for the identification, positive recruitment, training and motivation of present and potential minority and female apprentices. It is action which will equalize opportunity in apprenticeship so as to follow full utilization of the work potential of minorities and women.The overall result to be sought is equal opportunity in apprenticeship for all individuals participating in or seeking entrance to the nation’s labor force.

(b) The commitment of a sponsor to equal opportunity in recruitment, selection, employment and training of apprentices shall include the adoption of a written affirmative action plan.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.22 Outreach and positive recruitment.

(a) An acceptable affirmative action plan shall include adequate provision for outreach and positive recruitment that would reasonably be expected to increase minority and female participation in apprenticeship by expanding the opportunity of minorities and women to become eligible for apprenticeship selection. In order to achieve these objectives, sponsors shall undertake activities such as those listed in subsection (b). It is not contemplated that each sponsor necessarily will include all of the listed activities in its affirmative action program. The scope of the affirmative action program will depend on all the circumstances including the size and type of the program and its resources; however, the sponsor shall be required to undertake a significant number of appropriate activities in order to enable it to meet its obligation under this chapter.

(b) The affirmative action plan shall set forth the specific steps the sponsor intends to take in the following areas:

(1) Dissemination of information concerning the nature of apprenticeship, availability of apprenticeship, opportunities, sources of apprenticeship applications and the equal opportunity policy of the sponsor. For programs accepting applications only at specified intervals, such information shall be disseminated at least 30 days in advance of the earliest date for application at each interval. For programs customarily receiving applications throughout the year, such information shall be regularly disseminated but not less than semiannually. Such information shall be given to the Council, local schools, employment service offices, women’s centers, public or private rehabilitation centers and community organizations which can effectively reach minorities and women, and published in newspapers which are circulated in the minority community and among women, as well as the general areas in which the program sponsor operates.

(2) Participation in annual workshops conducted by employment service agencies for the purpose of familiarizing school, employment service, and other appropriate personnel with the apprenticeship system and current opportunities therein.

(3) Cooperation with local school boards and vocational education systems to develop programs for preparing students to meet the standards and criteria required to qualify for entry into apprenticeship programs.

(4) Internal communication of the equal opportunity policy of the spon- sor in such a manner as to foster understanding, acceptance, and support among the sponsor’s various officers, supervisors, employes, and members and to encourage such persons to take the necessary action to aid the sponsor in meeting its obligations under this chapter.

(5) Engaging in programs such as outreach for the positive recruitment and preparation of potential applicants for apprenticeships. Where appropriate and feasible, such programs shall provide for pretesting experience and training. If no such programs are in existence, the sponsor shall seek to initiate these programs. In initiating and conducting such programs, the sponsor may be required to work with other sponsors and appropriate community organizations. The sponsor shall also initiate programs to prepare women and encourage women to enter traditionally male programs.

(6) In order to encourage the establishment and utilization of programs of preapprenticeship, preparatory trade training, or others designed to afford related work experience or to prepare candidates for apprenticeship, a sponsor shall make appropriate provision in its affirmative action plan to assure that those who complete such programs are afforded full and equal opportunity for admission into the apprenticeship program.

(7) Utilization of journeymen to assist in the implementation of the affirmative action program of the sponsor.

(8) Granting advance standing or credit on the basis of previously acquired experience, training, skills or aptitude for all applicants equally.

(9) Admission to apprenticeship programs of persons whose age exceeds the maximum age for admission to the program, where such action is necessary to assist the sponsor in achieving its affirmative action obligations.

(10) Such other action as to ensure that the recruitment, selection, employment, and training of apprentices during apprenticeship shall be without discrimination because of race, color, religion, national origin, sex or non-job-related disability. This may include general publication of apprenticeship opportunities and advantages in advertisements, industry reports, articles, and the like; use of present minority and female apprentices and journeypersons as recruiters; career counseling; periodic auditing of affirmative action programs and activities; and development of reasonable procedures between the sponsor and employers of apprentices to ensure that equal employment opportunity is being granted including reporting systems, on site reviews, briefing sessions, and the like. The affirmative action program shall set forth the specific steps the sponsor intends to take in the above areas under this section.

This section cited in 34 Pa. Code § 81.42 (relating to public notice of eligibility pools).

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.23 Goals and timetables—when required.

(a) A sponsor adopting one of the selection methods specified in § § 81.32 and 81.33 (relating to selection on basis of rank from pool of eligible applicants; random selection from pool of eligible applicants) and which determines on the basis of the analysis described in § 81.24 (relating to analysis to determine if deficiencies exist) that it has deficiencies in terms of underutilization of minorities or women—minority and nonminority—or both, in the craft or crafts represented by the program shall include in its affirmative action plan percentage goals and timetables for the admission of minority and female—minority and nonminority—applicants into the eligibility pool.

(b) A sponsor adopting one of the selection methods specified in § § 81.34 and 81.35 (relating to selection from pool of current employes; alternative selection methods) and which determines on the basis of the analysis described in § 81.24 (relating to analysis to determine if deficiencies exist) that it has deficiencies in terms of the underutilization of minorities or women, or both, in the craft or crafts represented by the program shall include in its affirmative action plan percentage goals and timetables for the selection of minorities or women—minority and nonminority—or both, applicants for the apprenticeship program.

(c) ‘‘Underutilization’’ as used in this section refers to the situation where there are fewer minorities or women—minority and nonminority—or both, in the particular craft or crafts represented by the program than would reasonably be expected in view of an analysis of the factors specified in § 81.24 (relating to analysis to determine if deficiencies exist). Where, on the basis of such analysis, the sponsor determines that it has no deficiencies, goals, and timetables need not be established; however, where no goals and timetables are established, the affirmative action plan shall include a detailed explanation why no goals and timetables have been established.

(d) Where the sponsor fails to submit goals and timetables as part of its affirmative action plan or submits goals and timetables which are unacceptable, and the Council determines that the sponsor has deficiencies in terms of underutilization of minorities or women—minority and nonminority, the Council shall establish goals and timetables applicable to the sponsor for the admission of minority and female—minority and nonminority—applicants into the eligibility pool or selection of apprentices, as appropriate. The sponsor shall make good faith efforts to attain these goals and timetables.

This section cited in 34 Pa. Code § 81.33 (relating to random selection from pool of eligible applicants); 34 Pa. Code § 81.34 (relating to selection from pool of current employes); and 34 Pa. Code § 81.35 (relating to alternative selection methods).

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.24 Analysis to determine if deficiencies exist.

The determination by the program sponsor as to whether goals and timetables need to be established shall be based on an analysis of at least the following factors, which analysis shall be set forth in writing as part of the affirmative action plan:

(1) The minority and female—minority and nonminority—population of the labor market area in which the program sponsor operates.

(2) The size of the minority and female—minority and nonminority—labor force in labor market area of the sponsor.

(3) The percentage of minority and female—minority and nonminority—participation as apprentices in the particular craft as compared with the percentage of minorities in the labor force in the labor market area of the sponsor.

(4) The percentage of minority and female—minority and nonminority—participation as journeymen employed by the employer or employers participating in the program as compared with the percentage of minorities in the labor market area of the sponsor and the extent to which the sponsor should be expected to correct any deficiencies through the achievement of goals and timetables for the selection of apprentices.

(5) The general availability of minorities and women—minority and nonminority—with present or potential capacity for apprenticeship in the labor market area, of the sponsor.

This section cited in 34 Pa. Code § 81.23 (relating to goals and timetables—when required); 34 Pa. Code § 81.33 (relating to random selection from pool of eligible applicants); and 34 Pa. Code § 81.34 (relating to selection from pool of current employes).

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.25 Goals and timetables—establishment, attainment.

Goals and timetables shall be established on the basis of an analysis by the sponsor of its underutilization of minorities and women and its entire affirmative action program. A single goal for minorities and a separate single goal for women is acceptable unless a particular group is employed in a substantially disparate manner, in which case separate goals shall be established for such group. Such separate goals would be required, for example, if a specific minority group of women were underutilized even though the sponsor had achieved its standards for women generally. In establishing the goals, the sponsor should consider the results which could be reasonably expected from its good faith efforts to make its overall affirmative action program work. Compliance with these requirements shall be determined by whether the sponsor has met its goals within its timetable, or failing that, whether it had made good faith efforts to meet its goals and timetables. Its ‘‘good faith efforts’’ will be judged by whether it is following its affirmative action program and attempting to make it work, including evaluation and changes in its program where necessary to obtain the maximum effectiveness toward the attainment of its goals; however, in order to deal fairly with program sponsors and with women who are entitled to protection under the goals and timetables requirements, during the first 12 months after the effective date of this chapter, the program sponsor would generally be expected to set a goal for women for the entering-year class at a rate which is not less than 50% of the proportion women comprise of the work force in the program sponsor’s labor market area and to set a percentage goal for women in each class beyond the entering class which is not less than the participation rate of women currently in the preceding class. At the end of the first 12 months after the effective date of this chapter, sponsors are expected to make appropriate adjustments in goal levels. In establishing the goals, the sponsor should consider the results which could be reasonably expected from its good faith efforts to make its overall affirmative action program work. Compliance with these requirements will be determined by whether the sponsor has met its goals within its timetable or, failing that, whether it had made good faith efforts to meet its goals and timetables. Its ‘‘good faith efforts’’ will be judged by whether it is following its affirmative action program and attempting to make it work, including evaluation and changes in its program where necessary to obtain the maximum effectiveness toward the attainment of its goals.

This section cited in 34 Pa. Code § 81.33 (relating to random selection from pool of eligible applicants); and 34 Pa. Code § 81.34 (relating to selection from pool of current employes).

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.26 Availability of information.

The United States Department of Labor will make available to program sponsors data and information on minority and female—minority and nonminority—population and labor force characteristics for each Standard Metropolitan Statistical Area, and for other special areas as appropriate.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.31 Obligation of sponsors.

(a) In addition to the development of a written affirmative action plan to ensure that minorities have an equal opportunity for selection as apprentices and otherwise insure the prompt achievement of full and equal opportunity in apprenticeship, each sponsor shall further provide in its affirmative action program that the selection of apprentices shall be made in accordance with this chapter.

(b) Each sponsor shall adopt one of the methods for selecting apprentices specified in § § 81.32—81.35 (relating to selection of apprentices).

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.32 Selection on basis of rank from pool of eligible applicants.

The sponsor who adopts the method of selecting apprentices on the basis of rank from a pool of eligible applicants shall comply with the following:

(1) Selection. A sponsor may select apprentices from a pool of eligible applicants on the basis of the rank order of scores of applicants on one or more qualification standards where there is a significant statistical and practical relationship between rank order of scores and performance in the apprenticeship program. In demonstrating such relationship, the sponsor shall follow the procedures set forth in the United States Department of Labor Order of September 9, 1968 (33 FR 14392, September 24, 1968) covering the validation of employment tests of contractors and subcontractors subject to the provision of Executive Order 11246, as amended.

(2) Creation of pool of eligibles. A pool of eligibles shall be created from applicants who meet the qualifications of minimum legal working age or from applicants who meet qualification standards in addition to minimum legal working age and the sponsor’s minimum physical requirements; provided that any additional qualification standards conform with the following requirements:

(i) Qualification standards. The qualification standards, and the procedures for determining such qualification standards shall be stated in detail and shall provide criteria for the specific factors and attributes to be considered in evaluating applicants for admission to the pool. The score required under each qualification standard for admission to the pool shall also be specified. All qualification standards, and the score required on any standard for admission to the pool, shall be directly related to job performance, as shown by a significant statistical and practical relationship between the score on the standards, and the score required for admission to the pool, and performance in the apprenticeship program. In demonstrating such relationships, the sponsor shall follow the procedures set forth in 41 CFR Part 60-3. Qualifications shall be considered as separately required so that the failure of an applicant to attain the specified score under a single qualification standard shall disqualify the applicant from admission to the pool.

(ii) Aptitude tests. Any qualification standard for admission to the pool consisting of aptitude test scores shall be directly related to job performance, as shown by significant statistical and practical relationships between the score on the aptitude tests, and the score required for admission to the pool, and performance in the apprenticeship program. In determining such relationships, the sponsor shall follow the procedures set forth in 41 CFR Part 60-3. This requirement shall also be applicable to aptitude tests utilized by a program sponsor which are administered by a State employment service agency; a private employment agency, or any other person, agency, or organization engaged in the selection or evaluation of personnel.

(iii) Educational attainments. All educational attainments or achievements as qualifications for admission to the pool shall be directly related to job performance, as shown by a significant statistical and practical relationship between the score, and the score required for admission to the pool, and performance in the apprenticeship program. In demonstrating such relationships, the sponsor shall meet the requirements of 41 CFR Part 60-3. School records or the results of general education development tests recognized by the State or local public instruction authority shall be evidence of educational achievement. Education requirements shall be applied uniformly to all applicants.

(3) Oral interviews. Oral interviews shall not be used as a qualification standard for admission into an eligibility pool; however, once an applicant is placed in the eligibility pool, and before he is selected for apprenticeship from the pool, the applicant may be required to submit to an oral interview. Oral interviews shall be limited only to such objective questions as may be required to determine the fitness of applicants to enter the apprenticeship program, but shall not include questions relating to qualifications previously determined in gaining entrance to the eligibility pool. When an oral interview is used, each interviewer shall record his questions, the general nature of answers, and shall prepare a summary of any conclusions. Applicants rejected from the pool of eligibles on the basis of an oral interview shall be given a written statement of such rejection, the reasons therefor, and the appeal rights available to the applicant.

(4) Notification of applicants. All applicants who meet the requirements for admission shall be notified and placed in the eligibility pool. The program sponsor shall give each rejected applicant notice of his rejection including the reasons for his rejection, the requirements for admission to the pool of eligibles, and the appeal rights available to the applicant.

(5) Goals and timetable. The sponsor shall establish, when required, percentage goals and timetables for the admission of minorities and women—minority and nonminority—to the pool of eligibles in accordance with the provisions of § § 81.23—81.25 (relating to affirmative action plans). A sponsor shall be deemed to be in compliance with this paragraph if it meets its goals or timetables or if it makes a good faith effort to meet these goals and timetables. In the event of the failure of the sponsor to meet its goals and timetables, it shall be given an opportunity to demonstrate that it has made every good faith effort to meet its commitments. All the actions of the sponsor shall be reviewed and evaluated in determining whether such good faith efforts have been made.

This section cited in 34 Pa. Code § 81.13 (relating to programs currently registered); 34 Pa. Code § 81.23 (relating to goals and timetables—when required); 34 Pa. Code § 81.31 (relating to obligation of sponsors); 34 Pa. Code § 81.33 (relating to random selection from pool of eligible applicants); 34 Pa. Code § 81.34 (relating to selection from pool of current employes); 34 Pa. Code § 81.35 (relating to alternative selection methods); 34 Pa. Code § 81.41 (relating to existing list of eligibles); and 34 Pa. Code § 81.53 (relating to qualification standards).

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.33 Random selection from pool of eligible applicants.

The sponsor who adopts the method of a random selection of apprentices from a pool of eligible applicants shall comply with the following:

(1) Selection. A sponsor may select apprentices from a pool of eligible applicants on a random basis. The method of random selection shall be subject to approval by the Council. Supervision of the random selection process shall be by an impartial person or persons selected by the sponsor, but not associated with the administration of the apprenticeship program. The time and place of the selection and the number of apprentices to be selected shall be announced. The place of the selection shall be open to all applicants and the public. The names of apprentices drawn by this method shall be posted immediately following the selection at the place of business of the sponsor.

(2) Other requirements. The sponsor shall meet the requirements of § § 81.23—81.25 and § 81.32(2)—(5).

This section cited in 34 Pa. Code § 81.13 (relating to programs currently registered); 34 Pa. Code § 81.23 (relating to goals and timetables-when required); 34 Pa. Code § 81.31 (relating to obligation of sponsors); 34 Pa. Code § 81.41 (relating to existing list of eligibles), and 34 Pa. Code § 81.53 (relating to qualification standards).

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.34 Selection from pool of current employes.

The sponsor who adopts the method of a selection of apprentices from a pool of current employes shall comply with the following:

(1) Selection. A sponsor may select apprentices from an eligibility pool of the workers already employed by the program sponsor in a manner prescribed by a collective bargaining agreement where such exists, or by the sponsor’s established promotion policy. The sponsor adopting this method of selecting apprentices shall establish goals and timetables for the selection of minority and female apprentices, unless the sponsor concludes, in accordance with the provisions of § § 81.23—81.25 (relating to affirmative action plans) that it does not have deficiencies in terms of underutilization of minorities or women—minority and nonminority—or both, in the apprenticeship of journeymen crafts represented by the program.

(2) Goals and timetables. The sponsor shall meet the requirements of § 81.32(5) (relating to selection on basis of rank from pool of eligible applicants).

This section cited in 34 Pa. Code § 81.13 (relating to programs currently registered); 34 Pa. Code § 81.31 (relating to obligation of sponsors); and 34 Pa. Code § 81.53 (relating to qualification standards).

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.35 Alternative selection methods.

A sponsor may select apprentices by any other method than those specified in this chapter, including its present selection method, if such sponsor complies with the following:

(1) Selection method and goals and timetables. Within 90 days of the effective date of this chapter, the sponsor shall submit to the Council a detailed statement of the revised selection method it proposes to use along with the rest of its written affirmative action program including, where required, its percentage goals and timetables for the selection of minority or female—minority and nonminority—or both, applicants for apprenticeship and its written analysis, upon which such goals and timetables, or lack thereof, are based. The establishment of goals and timetables shall be in accordance with the provisions of § 81.23 (relating to goals and timetables—when required). The sponsor may not implement any such selection method until the Council has approved the selection method as meeting the requirements of this section and has approved the remainder of its affirmative action program including its goals and timetables. If the Council fails to act upon the selection method and the affirmative action program within 30 days of its submission, the sponsor may implement the selection method on the effective date of this chapter.

(2) Qualification standards. Apprentices shall be selected on the basis of objective and specific qualification standards. Examples of such standards are fair aptitude tests, school diplomas, age requirements, occupationally essential physical requirements, fair interviews, school grades and previous work experience. Where interviews are used, adequate records shall be kept including a brief summary of each interview and the conclusions on each of the specific factors, such as motivation, ambition, and willingness to accept direction which are part of the total judgment.

(3) Goals and timetables. The sponsor shall meet the requirements of § 81.32(5) (relating to selection on basis of rank from pool of eligible applicants). Where a sponsor, despite its good faith efforts, fails to meet its goals and timetables within a reasonable period of time, the sponsor may be required to make appropriate changes in its affirmative action program to the extent necessary to obtain maximum effectiveness towards the attainment of its goals. The sponsor may also be required to develop and adopt an alternative selection method, including a method prescribed by the Council where it is determined that the failure of the sponsor to meet its goals is attributable in substantial part to the selection method. Where the sponsor’s failure to meet its goals is attributable in substantial part to its use of a qualification standard which had adversely affected the opportunities of minorities or women—minority and nonminority—or both, for apprenticeship, the sponsor may be required to demonstrate that such qualification standards are directly related to job performance in accordance with the provisions of § 81.32(2)(i) (relating to selection on basis of rank from pool of eligible applicants).

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.41 Existing list of eligibles.

A sponsor adopting a selection method under § 81.32, § 81.33 or § 81.35, and who determines that there are fewer minorities on its existing lists of eligibles than would reasonably be expected after an analysis to determine if deficiencies exist, shall discard all existing eligibility lists upon adoption of such selection method. Thereafter new eligibility pools shall be established.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.42 Public notice of eligibility pools.

(a) Sponsors shall establish a reasonable period of not less than 2 weeks for accepting applications for admission to an apprenticeship program.

(b) Lists of eligibility pools shall be posted at the place of business of the sponsor.

(c) There shall be at least 30 days of public notice in advance of the earliest date for application for admission to an apprenticeship program. Reference should be made to § 81.22 (relating to outreach and positive recruitment).

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.43 Retention of applicants on list; reporting for work.

(a) Applicants who have been placed in a pool of eligibles shall be retained on lists of eligibles subject to selection for a period of 2 years. Applicants may be removed from the list at an earlier date by their request or following their failure to respond to an apprentice job opportunity given by registered return receipt mail notice.

(b) Applicants who have been accepted in the program shall be afforded a reasonable period of time in light of the customs and practices of the industry for reporting for work. All applicants shall be treated equally in determining such period of time. It shall be the responsibility of the applicant to keep the sponsor informed of his current mailing address.

(c) A sponsor may restore to the list of eligibles an applicant who has been removed from the list at his request or who has failed to respond to an apprenticeship job opportunity.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.51 Obligations of sponsors.

Each sponsor shall keep adequate records including a summary of the qualifications of each applicant, the basis for evaluation and for selection or rejection of each applicant, the records pertaining to interviews of operation of the apprenticeship program, including, but not limited to, job assignment, promotion, demotion, layoff, or termination, rates of pay, or other forms of compensation or conditions of work, and any other records pertinent to a determination of compliance with this chapter as may be required by the Council. The records pertaining to individual applicants, whether selected or rejected, shall be maintained in such manner as to permit identification of minority and female—minority and nonminority—participants.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.52 Affirmative action plans.

Each sponsor shall retain a statement of its affirmative action plan for the prompt achievement of full and equal opportunity in apprenticeship, including all data and analysis made pursuant to the requirements of this chapter. Sponsors shall periodically review their affirmative action plan and update it where necessary.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.53 Qualification standards.

Each sponsor shall maintain evidence that its qualification standards have been validated in accordance with the requirements in § § 81.32—81.35 (relating to selection of apprentices).

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.54 Maintenance of records.

The records required by this chapter and any other information relevant to compliance with this chapter shall be maintained for 5 years and made available upon request to the Council, United States Department of Labor or authorized representatives.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.55 Records of the Council.

The Council shall keep adequate records, including registration requirements, approved individual program standards, standards registration actions, deregistration actions, program compliance reviews and investigations, individual program ethnic count, total apprenticeship ethnic count and any other records pertinent to a determination of compliance with this chapter as many as may be required by the United States Department of Labor and shall report such information to the United States Department of Labor, through the Office of the State Supervisor of the Bureau of Apprenticeship and Training, United States Department of Labor, semiannually.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.61 Conduct of compliance reviews.

(a) The Council will regularly conduct systematic reviews of apprenticeship programs in order to determine the extent to which sponsors are complying with this chapter. The Council will also conduct compliance reviews when circumstances, including receipt of complaints not referred to a private review body pursuant to § 81.73(a) (relating to processing of complaints), so warrant, and take appropriate action regarding programs which are not in compliance with the requirements of this chapter.

(b) Compliance reviews will consist of comprehensive analysis and evaluations of each aspect of the apprenticeship program, including on site investigations and audits.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.62 Compliance review as part of registration.

Sponsors seeking reregistration or new registration shall be subject to a compliance review by the Council as part of the registration process.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.63 Voluntary compliance.

Where the compliance review indicates that the sponsor is not operating in accordance with this chapter, the Council will notify the sponsor in writing of the results of the review and make a reasonable effort to secure voluntary compliance on the part of the program sponsor within a reasonable time before undertaking any sanctions pursuant to this chapter. In the case of sponsors seeking new registration, the Council will provide appropriate recommendations to the sponsor to enable it to achieve compliance for registration purposes.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.64 Noncompliance with Federal or State requirements.

A pattern or practice of noncompliance by a sponsor or where the sponsor is a joint apprenticeship committee, by one of the parties represented on such committee with Federal or State laws or regulations requiring equal opportunity may be grounds for the imposition of sanctions in accordance with § § 81.81—81.83 (relating to sanctions) if the noncompliance is related to the equal employment opportunity of apprentices or graduates of such an apprenticeship program under this chapter. The sponsor shall take positive steps to assist and cooperate with employers and unions in fulfilling their equal employment opportunity obligations.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.71 Filing.

(a) Any apprentice or applicant for apprenticeship who believes that he has been discriminated against on the basis of race, color, religion, national origin, sex or nonjob-related disability with regard to apprenticeship or that the equal opportunity standards with respect to his selection have not been followed in the operation of an apprenticeship program may, by the apprentice or by an authorized representative, file a complaint with the Council, or with a private review body established pursuant to § 81.72 (relating to establishment of private review body). The complaint shall be in writing and shall be signed by the complainant. It shall include the name, address and telephone number of the person allegedly discriminated against, the program sponsor involved, and a brief description of the circumstances of the failure to apply the equal opportunity standards provided for in this chapter.

(b) The complaint shall be filed not later than 180 days from the date of the alleged discrimination of specified failure to follow the equal opportunity standards; and, in the case of complaints filed directly with review bodies designated by program sponsors to review such complaints, any referral of such complaints by the complainant to the Council shall occur within the time limitation stated in this subsection or 30 days from the final decision of such review body, whichever is later. The time may be extended by the Council for good cause shown.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.72 Establishment of private review body.

Sponsors are encouraged to establish fair, speedy and effective procedures for a review body to consider complaints of failure to follow the equal opportunity standards. A private review body established by the program sponsor for this purpose should number three or more responsible persons from the community serving in this capacity without compensation. Members of the review body should not be directly associated with the administration of an apprenticeship program. Sponsors may join together in establishing a review body to serve the needs of programs within the community.

This section cited in 34 Pa. Code § 81.71 (relating to filing).

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.73 Processing of complaints.

(a) When the sponsor has designated a review body for reviewing complaints, and if the Council determines that such review body will effectively enforce the equal opportunity standards, the Council, upon receiving a complaint, will refer the complaint to the review body.

(b) The Council will, within 30 days following the referral of a complaint to the review body, obtain reports from the complainant and the review body as to the disposition of the complaint. If the complaint has been satisfactorily adjusted, and there is no other indication of failure to apply equal opportunity standards, the case shall be closed and the parties appropriately informed.

(c) When a complaint has not been resolved by the review body within 90 days or where, despite satisfactory resolution of the particular complaint by the review body, there is evidence that the equal opportunity practices of the apprenticeship program are not in accordance with this chapter, the Council may conduct such compliance review as found necessary, and shall take all necessary steps to resolve the complaint.

(d) If no review body exists, the Council may conduct such compliance review as found necessary in order to determine the facts of the complaint, and obtain such other information relating to compliance with this chapter as the circumstances warrant.

(e) Sponsors shall provide written notice of the compliant procedure set forth in this section to all applicants for apprenticeship and all apprentices.

This section cited in 34 Pa. Code § 81.61 (relating to conduct of compliance reviews).

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.81 When sanctions will be imposed.

Where the Council, as a result of a compliance review or other reason, determines that there is reasonable cause to believe that an apprenticeship program is not operating in accordance with this chapter and voluntary corrective action has not been taken by the program sponsor, it will institute proceedings to deregister the program or refer the matter to the United States Department of Labor for referral to the United States Attorney General with recommendations for the institution of a court action by the United States Attorney General under Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000e et seq.).

This section cited in 34 Pa. Code § 81.64 (relating to noncompliance with Federal or State requirements); and 34 Pa. Code § 81.82 (relating to deregistration procedures).

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.82 Deregistration procedures.

Deregistration proceedings shall be conducted in accordance with the following procedures:

(1) The Council will notify the sponsor, in writing, that a determination of reasonable cause has been made under § 81.81 (relating to when sanctions will be imposed) and that the apprenticeship program may be deregistered unless, within 15 days of the receipt of the notice, the sponsor requests a hearing. The notification shall specify the facts on which the determination is based.

(2) If, within 15 days of the receipt of the notice, the sponsor mails a request for a hearing, the Director will convene a hearing.

(3) The Director will make a final decision on the basis of the record before him, which shall consist of the compliance review file and other evidence presented and, if a hearing was conducted, the proposed findings and recommended decision of the hearing officer. The Director may allow the sponsor a reasonable time to achieve voluntary corrective action. If the decision of the Director is that the apprenticeship program is not operating in accordance with this chapter, the apprenticeship program shall be deregistered. In each case in which deregistration is ordered, the Director may make public notice of the order and will notify the sponsor and the complainant, if any, and the United States Department of Labor. The Council shall inform any sponsor whose program has been deregistered that it may appeal such deregistration to the United States Department of Labor in accordance with the procedures of 29 CFR 30.15.

This section cited in 34 Pa. Code § 81.64 (relating to noncompliance with Federal or State requirements).

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.83 Conduct of hearings.

Hearings shall be conducted in accordance with the following procedures:

(1) Within 10 days of his receipt of a request for a hearing, the Director shall designate a hearing officer. The hearing officer shall give reasonable notice of such hearing by registered mail, return receipt requested, to the sponsor. The notice shall include a reasonable time and place of hearing, a statement of the provisions of this chapter pursuant to which the hearing is to be held, and a concise statement of the matters pursuant to which the action forming the basis of the hearing is proposed to be taken.

(2) The hearing officer will regulate the course of the hearing. Hearings will be informally conducted. Every party shall have the right to counsel, and a fair opportunity to present the party’s case including such cross-examination as may be appropriate in the circumstances. Hearing officers shall make their proposed findings and recommended decisions to the Director upon the basis of the record before them.

(3) Paragraph (2) supersedes 1 Pa. Code § § 35.189, 35.201 and 35.202 (relating to manner of conduct of hearings; certification of record without proposed report; and proceedings in which proposed reports are prepared).

This section cited in 34 Pa. Code § 81.64 (relating to noncompliance with Federal or State requirements).

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.91 Special processing for compliance review or complaint processing.

If, in the judgment of the Council, a particular situation warrants and requires special processing and either expedited or extended determination, it will take the steps necessary to permit such determination if it finds that no person or party affected by such determination will be prejudiced by such special processing.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.92 Reinstatement of program registration.

Any apprenticeship program deregistered pursuant to this chapter may be reinstated upon presentation of adequate evidence to the Director that the apprenticeship program is operating in accordance with this chapter.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.93 Intimidatory or retaliatory acts.

Any intimidation, threat, coercion or retaliation by or with the approval of any sponsor against any person for the purpose of interfering with any right or privilege secured by Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000e et seq.), Executive Order 11246, or because he has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding or hearing under this chapter shall be considered noncompliance with the equal opportunity standards of this chapter. The identity of complainants will be kept confidential except to the extent necessary to carry out the purpose of this chapter, including the conduct of any investigation, hearing or judicial proceeding arising therefrom.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.94 Nondiscrimination.

The commitments contained in the affirmative action program of the sponsor are not intended and shall not be used to discriminate against any qualified applicant or apprentice on the basis of race, color, religion, national origin or sex.

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

34 Pa. Code § 81.95 Requests for exemptions.

(a) Requests for exemption from any provision of this chapter shall be made in writing to the Director and shall contain a statement of reasons supporting the request. Exemptions may be granted for good cause.

(b) The Council shall immediately notify the United States Department of Labor of any such exemptions granted affecting a substantial number of employes and the reasons therefor.

(c) Subsection (a) supersedes 1 Pa. Code § 35.18 (relating to petitions for issuance, amendment, waiver or repeal of regulations).

History

Authority: The provisions of this Chapter 81 issued under section 4 of The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 81 adopted June 23, 1971, 1 Pa.

Chapter 83 Welfare of Apprentices

34 Pa. Code § 83.1 Purpose and scope.

(a) The act authorizes and directs the Council to adopt rules and regulations to promote the furtherance of standards of apprenticeship and training to safeguard the welfare of apprentices, to bring together employers and labor for the establishment of programs of apprenticeship, and to cooperate with Federal and State agencies which carry on programs related to apprenticeship.

(b) The purpose of this chapter is to set forth labor standards to safeguard the welfare of apprentices and to extend the application of such standards by prescribing policies and procedures concerning the registration of acceptable apprenticeship programs with the Department of Labor and Industry, Apprenticeship and Training Council. These labor standards and procedures cover the registration, cancellation and deregistration of apprenticeship programs and of apprenticeship agreements and matters relating thereto.

History

Authority: The provisions of this Chapter 83 issued under The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 83 adopted March 16, 1979, 9 Pa.

34 Pa. Code § 83.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Pennsylvania Apprenticeship and Training Act (43 P.S. § § 90.1—90.10). Apprentice—A worker at least 16 years of age who is engaged in learning a recognized skilled trade, as defined in this chapter, under standards of apprenticeship fulfilling the requirements of § 83.5 (relating to standards of apprenticeship), including persons in the building construction industry using the tools of the trade except journeypersons. Apprenticeship agreement—A written agreement between an apprentice and either his employer or an apprenticeship committee acting as agent for the employer, which agreement contains the terms and conditions of the employment and training of the apprentice. Apprenticeship program—A written plan containing terms and conditions for the qualification, recruitment, selection, employment and training of apprentices, including such matters as the requirement for a written apprenticeship agreement. Cancellation—Either the deregistration by the Council of an apprenticeship program at the request of the program sponsor, the termination of an apprenticeship agreement at the request of an apprentice or formal deregistration proceedings by the Council resulting in the termination of an apprenticeship agreement or program. Council—The Pennsylvania, Apprenticeship and Training Council. Director—The Director of the Pennsylvania Apprenticeship and Training Council. Employer—A person or organization located or doing business in this Commonwealth that employs an apprentice on a work site, whether or not such a person or organization is a party to an apprenticeship agreement or program. Joint apprenticeship committee—A committee composed of an equal number of representatives of employers and employes, which has been established by an employer or group of employers and a bona fide collective bargaining agent or agents to conduct, operate or administer an apprenticeship program and enter into apprenticeship agreements with apprentices selected for employment under the particular program. Non-joint apprenticeship sponsor—An apprenticeship program sponsor in which a bona fide collective bargaining agent does not participate or a union sponsored program in which the employer does not participate; it includes an individual non-agent, an apprenticeship program sponsored by one employer without the participation of a union; and a group non-joint sponsor, an apprenticeship program sponsored by two or more employers without the participation of a union. Registration of an apprenticeship agreement—The acceptance and recording thereof by the Council as evidence of the participation of the apprentice in a particular registered apprenticeship program. Registration of an apprenticeship program—The acceptance and recording of such program by the Pennsylvania Apprenticeship and Training Council as meeting the basic standards and requirements of the Council for approval of such program. Approval is evidenced by a Certificate of Registration. Related instruction—An organized and systematic form of instruction designed to provide the apprentice with knowledge of the theoretical and technical subjects related to his or her trade. Resumption—The reinstatement of an apprentice to active status following suspension. Sponsor—A person, association, committee or organization in whose name or title the apprenticeship program is or is to be registered, irrespective of whether such entity is an employer. Suspension—Layoff of an apprentice due to lack of work, military leave or extended sick leave.

History

Authority: The provisions of this Chapter 83 issued under The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 83 adopted March 16, 1979, 9 Pa.

34 Pa. Code § 83.3 Eligibility and procedures for Council registration.

(a) No apprenticeship program or agreement shall be eligible for Council registration unless the following apply:

(1) It is in conformity with the requirements of the chapter, and the training is in an apprenticeable occupation having the characteristics set forth in § 83.4 (relating to criteria for apprenticeable occupations).

(2) It is in conformity with the requirements of Chapter 81 (relating to equal opportunity in apprenticeship programs).

(b) Apprentices shall be individually registered under a registered program. Such registration shall be effected by submitting three copies of each apprenticeship agreement to the Council for approval. The Council will promptly determine whether the agreement conforms with the established standards. If the agreement does not so conform, the Council will authorize the Director to return the agreement to the Sponsor so that it can be modified or changed by the parties to the agreement so that it is in conformity.

(c) The Council shall be promptly notified by the Sponsor of the cancellation or suspension of any apprenticeship agreements, with cause for same, and of apprenticeship completions.

(d) Upon receipt of a request for registration of any apprenticeship program, the Council will promptly determine whether the standards of apprenticeship conform to the requirements of the act and this chapter, whether the proposed training is in an apprenticeable occupation, and whether the program is in conformity with the requirements of the State Plan for Equal Employment in Apprenticeship. If the program is approved, the Council will authorize the Director to register the program and issue a Certificate of Registration as evidence of registration.

(e) Modifications or changes to registered or certified programs shall be promptly submitted in writing to the Director and, if approved by the Council, shall be recorded and acknowledged as an amendment to the program.

(f) Documents and data required by this chapter in connection with a request for registration of an apprenticeship program shall be submitted in triplicate.

(g) Under a program proposed for registration by an employer or employers’ association, where the standards, collective bargaining agreement or other instrument provide for participation by a union in any manner in the operation of the substantive matters of the apprenticeship program, and such participation is exercised, written acknowledgement of union agreement or ‘‘no objection’’ to the registration is required. Where no such participation is evidenced and practiced, the employer or employers’ association shall simultaneously furnish to the union local, if any, which is the recognized or certified collective bargaining agent of the employes to be trained, a copy of its application for registration and of the apprenticeship program. In addition, upon receipt of the application and apprenticeship program, the Director shall promptly send by certified mail to such local union, another copy of the application and of the apprenticeship program together with notice that union comments will be accepted for 30 days after the date of the Director’s transmittal.

(h) Where the employes to be trained have no collective bargaining agent, an apprenticeship program may be proposed for registration by an employer or group of employers.

History

Authority: The provisions of this Chapter 83 issued under The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 83 adopted March 16, 1979, 9 Pa.

34 Pa. Code § 83.4 Criteria for apprenticeable occupations.

An apprenticeable occupation is a skilled trade which possesses all of the following characteristics:

(1) It is customarily learned in a practical way through a structured, systematic program of on-the-job, supervised training.

(2) It is clearly identified and commonly recognized throughout an industry.

(3) It involves manual, mechanical or technical skills and knowledge which require a minimum of 2,000 hours of on-the-job work experience, not including the hours spent on related instruction.

(4) It requires related instruction to supplement on-the-job training. Such instruction may be given in a classroom or through correspondence courses.

(5) It involves the development of skill which is not restricted in application to products of any one company, but which is broad enough to be applied in like occupations throughout an industry.

This section cited in 34 Pa. Code § 83.3 (relating to eligibility and procedure for Council registration.

History

Authority: The provisions of this Chapter 83 issued under The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 83 adopted March 16, 1979, 9 Pa.

34 Pa. Code § 83.5 Standards of apprenticeship.

(a) An apprenticeship program, to be eligible for registration by the Council, shall be an organized, written plan embodying the term and conditions of employment, training and supervision of one or more apprentices in an apprenticeable occupation, as defined in this chapter, and subscribed to by a sponsor who has undertaken to carry out the apprentice training program.

(b) The standards shall contain provisions concerning the following:

(1) The employment and training of the apprentice in a skilled trade.

(2) A term of apprenticeship, not less than one year or 2,000 hours, consistent with training requirements as established by industry practice.

(3) An outline of work processes in which the apprentice will receive supervised work experience and training on-the-job, and the allocation of the approximate time to be spent in each major process.

(4) Provision for organized related and supplemental instruction in technical subjects related to the trade. A minimum of 144 hours for each year of apprenticeship is recommended. Such instruction may be given in a classroom, through trade, industrial or approved correspondence courses of equivalent value.

(5) A progressively increasing schedule of wages to be paid the apprentice. Wage rates shall be determined as follows: Where apprentice wage rates are established by collective bargaining agreement, they shall be accepted by the Council for apprentices covered by such agreements. Where wage rates are not established by collective bargaining agreements:

(i) The progressively increasing schedule of apprentice wage rates shall be expressed in terms of percentages of the journeyperson hourly rate.

(ii) Such rates shall represent the minimum for each incremental period of apprenticeship.

(iii) The hourly rate for a journeyperson for each trade included in a registered program shall be the average journeyperson hourly rate applicable to the employer and shall be stated in terms of dollars and cents.

(iv) The entry wage shall not be less than the State minimum wage, where applicable, unless a higher wage is required by other applicable Federal law, State law or respective regulations.

(v) Modification of wage progression or journeyperson wage shall be promptly reported to the Council.

(6) Periodic review and evaluation of the progress of the apprentice in job performance and related instruction and the maintenance of appropriate progress records.

(7) The ratio of apprentices to journeymen should be consistent with proper supervision, training, and continuity of employment or applicable provisions in collective bargaining agreements. The standard Pennsylvania Apprenticeship and Training Council ratio for Non-Joint programs shall be one apprentice employed for the first, second, third and fourth journeymen regularly employed; two apprentices for the fifth, sixth, seventh, eighth and ninth journeymen regularly employed; three apprentices for the tenth, eleventh, twelfth, thirteenth and fourteenth journeymen regularly employed, and so on in units of five journeymen regularly employed. Exemptions to the Pennsylvania Apprenticeship and Training Council’s standard ratios may be granted upon written request and approval of the Council.

(8) A probationary period reasonable in relation to the full apprenticeship term, with full credit for such period toward completion of apprenticeship.

(9) Adequate and safe equipment facilities for training and supervision, and safety training for apprentices on the job and in related instruction.

(10) The required minimum qualifications for persons entering an apprenticeship program.

(11) The placement of an apprentice under an apprenticeship agreement. The agreement shall directly, or by reference, incorporate the standards of the program as part of the agreement.

(12) The granting of advanced standing or credit for previously acquired experience, training, or skills for all applicants equally, with commensurate wages for any progression step so granted.

(13) Transfer of employer’s training obligation to another employer when the employer is unable to fulfill his obligation under the apprenticeship agreement, with consent of the apprentice and apprenticeship committee or program sponsor, with full credit to the apprentice for satisfactory time and training earned.

(14) Assurance of qualified training personnel and adequate supervision on the job.

(15) Recognition for successful completion of apprenticeship evidenced by an appropriate certificate.

(16) Identification of the registration agency.

(17) Provision for the registration, cancellation and deregistration of the program and requirement for the prompt submission of any modification or amendment thereto.

(18) Provision for registration of apprenticeship agreements, notice to the Council of persons who have successfully completed apprenticeship programs, and notice of cancellations and suspensions of apprenticeship agreements and cause therefore.

(19) Authority for the termination of an apprenticeship agreement during the probationary period by either party without stated cause.

(20) A statement that the program will be conducted, operated and administered in conformity with the Pennsylvania State Plan for Equal Employment Opportunity.

(21) Name and address of the appropriate authority under the program to receive, process and make disposition of complaints.

(22) Recording and maintenance of records concerning apprenticeship as may be required by the Council and applicable law.

ERISA does not preempt Pennsylvania’s prevailing wage and apprenticeship requirements insofar as they restrict the payment of apprenticeship wages to apprentices registered in approved programs. Ferguson Electric Co. v. Foley, 115 F.3d 237 (3d Cir. (Pa.) 1997); appeal denied 847 A.2d 1286 (Pa. 2004).

This section cited in 34 Pa. Code § 83.2 (relating to definitions).

History

Authority: The provisions of this Chapter 83 issued under The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 83 adopted March 16, 1979, 9 Pa.

34 Pa. Code § 83.6 Apprenticeship agreements.

The Apprenticeship Agreement shall contain the following provisions:

(1) Names and signatures of the contracting parties, apprentice and the program sponsor or employer, and the signature of a parent or guardian if the apprentice is a minor.

(2) The date of birth of the apprentice.

(3) Name and address of the program sponsor and registration agency.

(4) A statement of the trade or craft in which the apprentice is to be trained, and the beginning date and term of apprenticeship.

(5) A statement showing the number of hours to be spent by the apprentice in work on the job and the number of hours to be spent in related and supplemental instruction which is recommended to be not less than 144 hours per year.

(6) A statement setting forth a schedule of the work processes in the trade or industry divisions in which the apprentice is to be trained and the approximate time to be spent at each process.

(7) A statement of the graduated scale of wages to be paid the apprentice and whether or not the required school time shall be compensated.

(8) A statement providing for a specific period of probation during which the apprenticeship agreement may be terminated by either party to the agreement upon written notice to the registration agency.

(9) A statement providing that, after the probationary period, the agreement may be cancelled at the request of the apprentice, or may be suspended, cancelled, or terminated by the sponsor for good cause, with due notice to the apprentice and a reasonable opportunity for corrective action, and with written notice to the apprentice and to the Council of the final action taken.

(10) A reference incorporating as part of the agreement the standards of the apprenticeship program as it exists on the date of the agreement and as it may be amended during the period of the agreement.

(11) A statement that the apprentice will be accorded equal opportunity in all phases of apprenticeship employment and training without discrimination because of race, color, religion, national origin, sex and nonjob related disability.

(12) Name and address of the Pennsylvania Apprenticeship and Training Council as the agency to receive, process and make disposition of controversies or differences arising out of the apprenticeship agreement when the controversies or differences cannot be adjusted locally or resolved in accordance with the established trade procedure or applicable collective bargaining provisions.

History

Authority: The provisions of this Chapter 83 issued under The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 83 adopted March 16, 1979, 9 Pa.

34 Pa. Code § 83.7 Deregistration of Council registered programs.

Deregistration of a program may be effected upon the voluntary action of the sponsor by a request for cancellation of the registration or upon reasonable cause by the Council instituting formal deregistration proceedings in accordance with the provisions of this chapter.

(1) Request by sponsor. Upon a written request by the sponsor, the Council may cancel the registration of an apprenticeship program by written acknowledgment of the request stating, but not limited to, the following matters:

(i) That the registration is cancelled at the request of the sponsor and giving the effective date of the cancellation.

(ii) That within 15 work days of the date of the acknowledgment, the sponsor shall notify apprentices of the cancellation and the effective date, and that the cancellation shall automatically deprive the apprentice of individual registration.

(2) Formal deregistration for reasonable cause. Deregistration proceedings may be undertaken when the apprenticeship program is not conducted, operated and administered in accordance with the registered standards or the requirements of this chapter, except that deregistration proceedings for violation of equal opportunity requirements shall be processed under Chapter 81 (relating to equal opportunity in apprenticeship programs).

(3) Nonconformity with regulations. If it appears the program is not being operated in accordance with the registered standards or the requirements of the act or these regulations, the Director will so notify the program sponsor in writing.

(4) Notice. The notice shall be sent by registered or certified mail, with return receipt requested, state the shortcomings and the remedy required, and that a determination of reasonable cause for deregistration will be made unless corrective action is effected within 30 days.

(5) Extensions. Upon request by the sponsor for good cause, the 30 day period may be extended for up to an additional 30 day period. During the period for correction, the sponsor shall be assisted in every reasonable way to achieve conformity.

(6) Failure to correct. If the required corrective action is not effected within the allotted time, the director shall send a notice to the sponsor by registered or certified mail, return receipt requested, stating the following:

(i) That the notice is being sent under this section.

(ii) That certain stated deficiencies were called to the sponsor’s attention and remedial measures requested, with dates of the occasions and letters, and that the sponsor has failed or refused corrections.

(iii) That based upon the stated deficiencies and failure of remedial action, a determination of reasonable cause has been made and that the program may be deregistered unless, within 15 days of the receipt of this notice, the sponsor requests a hearing.

(iv) That if a hearing is not requested by the sponsor, the entire matter shall be submitted to the Council for a decision on the record with respect to deregistration.

(7) Hearing.If the sponsor requests a hearing, the Council shall convene a hearing in accordance with § 83.8 (relating to hearings) and shall make a final decision on the basis of the record before it.

(8) Voluntary corrective action. In its discretion, the Council may allow the sponsor a reasonable time to achieve voluntary corrective action. If the decision is that the apprenticeship program is not operating in accordance with the registered standards of requirements of this chapter, the apprenticeship program shall be deregistered. In each case where deregistration is ordered, the Council will notify the sponsor.

(9) Deregistration. Every order of deregistration shall contain a provision that the sponsor shall, within 15 work days of the effective date of the order, notify all registered apprentices of the deregistration of the program, the effective date and that the action automatically deprives the apprentice of his individual registration.

The provisions of this § 83.7 corrected March 31, 1995, effective September 29, 1979, 25 Pa.B. 1166. Immediately preceding text appears at serial pages (40691) to (40693).

This section cited in 34 Pa. Code § 83.8 (relating to hearings).

History

Authority: The provisions of this Chapter 83 issued under The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 83 adopted March 16, 1979, 9 Pa.

34 Pa. Code § 83.8 Hearings.

(a) Within 10 days of receipt of a request for a hearing under § 83.7 (relating to deregistration of Council registered programs), the Council will give reasonable notice of the hearing by registered mail, return receipt requested, to the appropriate sponsor. The notice shall include the following provisions:

(1) A reasonable time and place of hearing.

(2) A statement of the provisions of this chapter under which the hearing is to be held.

(3) A concise statement of the matters under which the action forming the basis of the hearing is proposed to be taken.

(b) The Chairman of the Council will act as Hearing Officer. The Hearing Officer will regulate the course of the hearing. Hearings shall be informally conducted. Every party shall have the right to counsel and a fair opportunity to present its case, including the cross-examination as may be appropriate in the circumstances. The Council will make its findings and final decisions on the basis of the record before it.

This section cited in 34 Pa. Code § 83.7 (relating to deregistration of Council—registered programs).

History

Authority: The provisions of this Chapter 83 issued under The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 83 adopted March 16, 1979, 9 Pa.

34 Pa. Code § 83.9 Reinstatement of program registration.

An apprenticeship program deregistered under the act or this chapter may be reinstated upon presentation of adequate evidence that the apprenticeship program is operating in accordance with the act and this chapter. The evidence shall be presented to the Council if the sponsor had not requested a hearing or an order of deregistration was entered pursuant to a hearing.

History

Authority: The provisions of this Chapter 83 issued under The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 83 adopted March 16, 1979, 9 Pa.

34 Pa. Code § 83.10 Complaints.

(a) A controversy or difference arising under an apprenticeship agreement which cannot be resolved locally or which is not covered by a collective bargaining agreement may be submitted by an apprentice or authorized representative to the Council for review. Matters covered by a collective bargaining agreement shall be submitted and processed in accordance with the procedures therein provided.

(b) The complaint shall be in writing, signed by the complainant and submitted by the apprentice or an authorized representative within 60 days of receipt of the final local decision. The complaint shall set forth the specific problem, including relevant facts and circumstances. Copies of pertinent documents and correspondence shall accompany the complaint.

(c) The Council will render an opinion within 90 days after receipt of the complaint based upon the investigation of the matters submitted as may be found necessary and the record before it. During the 90 day period, the Director will make reasonable efforts to effect a satisfactory resolution between the parties involved. If so resolved, the parties will be notified that the case is closed. When an opinion is rendered, copies will be sent to interested parties.

(d) Nothing in this section may operate to prohibit the apprentice from electing to resort to any form or procedure, other than that of the registration agency, that may be available for the disposition of the complaint, or to institute appropriate court proceedings.

(e) This section does not apply to a complaint concerning discrimination or other equal opportunity matters. Those complaints shall be submitted and resolved under Chapter 81 (relating to equal opportunity in apprenticeship programs).

History

Authority: The provisions of this Chapter 83 issued under The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 83 adopted March 16, 1979, 9 Pa.

34 Pa. Code § 83.11 Reciprocity.

Apprenticeship programs and agreements shall be registered under this chapter upon request of the sponsor with proof of registration elsewhere when they comply with the following:

(1) They do not include the building or construction industry.

(2) They have a joint apprenticeship committee on a multistate basis.

(3) They are registered with either the Bureau of Apprenticeship and Training, United States Department of Labor or any other ‘‘recognized’’ State Apprenticeship Agency or Council under 29 CFR 29.12.

History

Authority: The provisions of this Chapter 83 issued under The Apprenticeship and Training Act (43 P.
Source: The provisions of this Chapter 83 adopted March 16, 1979, 9 Pa.

Part V Labor Relations Board

Chapter 91 Private and Public Employees

34 Pa. Code § 91.1 Records and dockets.

The official dockets and original papers pertaining to proceedings before the Labor Relations Board shall be kept at the principal office of the Board in Harrisburg.

History

Authority: The provisions of this Chapter 91 issued under section 4(f) of the Pennsylvania Labor Relations Act (43 P.
Source: The provisions of this Chapter 91 adopted April 26, 1966; amended October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 91.2 Appearances.

(a) An attorney or other representative desiring to participate in a proceeding before the Labor Relations Board (Board) or a designated agent of the Board, and who wishes to be served with papers, shall file an appearance either by letter, or by a form provided by the Board or by oral request at the hearing. The entry of appearance shall indicate whether the attorney or representative will allow other parties to serve papers filed with the Board by e-mail and, if so, provide a valid e-mail address for service.

(b) A person who has been employed by the Board is not permitted to appear as attorney or representative for a party in a case which was pending before the Board during the period of his employment.

The provisions of this § 91.2 amended under section 4(f) of the Pennsylvania Labor Relations Act (43 P.S. § 211.4(f)); and section 502 of the Public Employe Relations Act (43 P.S. § 1101.502).

The provisions of this § 91.2 amended February 7, 2020, effective February 8, 2020, 50 Pa.B. 792. Immediately preceding text appears at serial pages (284881) to (284882).

This section cited in 34 Pa. Code § 93.11 (relating to institution of proceedings); 34 Pa. Code § 93.12 (relating to service and filing of papers); 34 Pa. Code § 95.41 (relating to service of papers); and 34 Pa. Code § 95.42 (relating to filing of papers).

History

Authority: The provisions of this Chapter 91 issued under section 4(f) of the Pennsylvania Labor Relations Act (43 P.
Source: The provisions of this Chapter 91 adopted April 26, 1966; amended October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 91.3 Joinder of parties.

(a) A proceeding will not be dismissed because of nonjoinder or misjoinder of parties.

(b) Upon motion of a party or upon motion of the Labor Relations Board, or its trial examiner, parties may be added, dropped or substituted at any stage of the proceedings, upon terms that may be deemed proper. The motions shall be made at or prior to the first hearing in a proceeding unless sufficient cause is shown why it could not have been made at that time. Failure to so move will be deemed a waiver of objections to a nonjoinder or misjoinder.

(c) Persons alleged to have engaged in an unfair labor practice may be joined as parties, whether jointly, severally or in the alternative, and a decision may be rendered against one or more of them upon all of the evidence, without regard to the party by or against whom the evidence has been introduced.

History

Authority: The provisions of this Chapter 91 issued under section 4(f) of the Pennsylvania Labor Relations Act (43 P.
Source: The provisions of this Chapter 91 adopted April 26, 1966; amended October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 91.4 Consolidation or severance.

(a) Two or more proceedings may be consolidated by the Labor Relations Board in its discretion.

(b) A proceeding may be severed by the Labor Relations Board in its discretion.

History

Authority: The provisions of this Chapter 91 issued under section 4(f) of the Pennsylvania Labor Relations Act (43 P.
Source: The provisions of this Chapter 91 adopted April 26, 1966; amended October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 91.5 Construction and amendment.

This chapter sets forth rules for the efficient operation of the Labor Relations Board and the orderly administration of the acts. They are to be liberally construed for the accomplishment of these purposes and may be waived or suspended by the Labor Relations Board at any time and in any proceeding unless the action results in depriving a party of substantial rights.

History

Authority: The provisions of this Chapter 91 issued under section 4(f) of the Pennsylvania Labor Relations Act (43 P.
Source: The provisions of this Chapter 91 adopted April 26, 1966; amended October 23, 1970, effective October 24, 1970, 1 Pa.

Chapter 93 Private Employees

34 Pa. Code § 93.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Pennsylvania Labor Relations Act (43 P. S. § § 211.1—211.39) and other acts as are administered in part. Board—The Labor Relations Board. Charge—A charge of unfair labor practices filed under the act. Party—The employer, person or organization filing a charge or petition, or otherwise named in a charge or petition; another person or organization designated in the notice of hearing and served therewith; and another person or organization whose intervention has been permitted by the Board or trial examiner, except as limited by the Board or trial examiner in granting the permission. Person, employer, employe, representative, labor organization, unfair labor practice and labor dispute—These terms have the meanings set forth in the acts. Petition—A petition for investigation and certification of a collective bargaining representative filed under the act. Trial examiner—A person appointed or designated by the Board to conduct a hearing.

History

Authority: The provisions of this Chapter 93 issued under section 4(f) of the Pennsylvania Labor Relations Act (43 P.
Source: The provisions of this Chapter 93 adopted April 26, 1966, unless otherwise noted.

34 Pa. Code § 93.11 Institution of proceedings.

(a) Charges and petitions instituting proceedings before the Board may be filed with the principal office of the Board in Harrisburg, or with the regional office of the Board in Pittsburgh. Charge and petition forms are available at Board offices.

(b) Charges and petitions may be filed by a person entitled to do so under the act, shall be in writing, shall contain pertinent information required by the act and shall be verified by the person filing the charges and petitions.

(c) In actions before the Board, the first paper filed on behalf of each party shall contain an address at which service of complaints, orders and other processes and papers of the Board may be made. Thereafter, a party may file with the Board an entry of appearance under § 91.2(a) (relating to appearances), which shall form part of the record in the case, setting forth a new address at which the service may be made. If he does not do so, notice sent to him by registered mail at his last address of record shall be equivalent to service.

The provisions of this § 93.11 amended under section 4(f) of the Pennsylvania Labor Relations Act (43 P.S. § 211.4(f)); and section 502 of the Public Employe Relations Act (43 P.S. § 1101.502).

The provisions of this § 93.11 amended February 7, 2020, effective February 8, 2020, 50 Pa.B. 792. Immediately preceding text appears at serial page (337174).

History

Authority: The provisions of this Chapter 93 issued under section 4(f) of the Pennsylvania Labor Relations Act (43 P.
Source: The provisions of this Chapter 93 adopted April 26, 1966, unless otherwise noted.

34 Pa. Code § 93.12 Service and filing of papers.

(a) Service of papers on a party shall be made personally, or by certified mail, or by leaving a copy thereof with the person then in charge at the principal office or place of business of the person to be served. Where an attorney or representative has entered his appearance under § 91.2(a) (relating to appearances), complaints, orders and other processes and papers of the Board shall be served on the attorney or representative and need not be served on the party. Service by a party on an attorney or representative who has entered an appearance under § 91.2(a), may be made personally, by United States Postal Service first-class mail, or where the attorney or representative has approved service by e-mail in an entry of appearance, by e-mail to the e-mail address provided in the entry of appearance.

(b) Methods of Filing with the Board.

(1) In person at the principal office of the Board in Harrisburg, or with the regional office of the Board in Pittsburgh. If mailed to the Board through the United States Postal Service or third-party courier, the date of filing shall be the date of receipt by the Board in its Harrisburg or Pittsburgh office.

(2) Filings, other than a petition or other document with a showing of interest as defined by § 95.1 (relating to definitions), may be filed with the Board by electronic mail by e-mailing a portable document format (PDF) file of the scanned complete signed document, including attachments and exhibits thereto, to the Board at the Board’s designated e-mail address. The date of filing of an e-mailed document shall be the date of receipt by the Board officer or agent in accordance with subsection (c).

(c) When the acts, or this chapter or an order of the Board requires the filing of a motion, brief, exception or other paper in a proceeding, the document shall be received by the Board or the officer or agent designated by the Board to receive the document before the close of business of the last day of the time limit, if any, for the filing. Exceptions to this requirement will be at the discretion of the Board.

(d) Papers, pleadings, briefs or other documents filed with the Board shall be legibly typed, printed or otherwise legibly duplicated.

The provisions of this § 93.12 amended under section 4(f) of the Pennsylvania Labor Relations Act (43 P.S. § 211.4(f)); and section 502 of the Public Employe Relations Act (43 P.S. § 1101.502).

The provisions of this § 93.12 amended February 7, 2020, effective February 8, 2020, 50 Pa.B. 792. Immediately preceding text appears at serial pages (337174) and (296495).

This section cited in § 95.98 (relating to decisions of the Board).

History

Authority: The provisions of this Chapter 93 issued under section 4(f) of the Pennsylvania Labor Relations Act (43 P.
Source: The provisions of this Chapter 93 adopted April 26, 1966, unless otherwise noted.

34 Pa. Code § 93.13 Consent elections.

(a) Petitions for consent election may be filed by an employer, individual, group of employes or labor organization entitled so to do under the act.

(b) Petitions for consent election shall be signed and verified by parties thereto and shall include a description of the appropriate unit, a suggested time and place of holding the election and a list of employes with occupations or classifications. A list of employes agreed upon as eligible to vote shall be signed and dated by the parties. Forms are available at Board offices.

(c) During the conduct of a representation hearing the parties thereto may enter into a stipulation for consent election upon forms provided by the trial examiner or by stipulation entered into the record.

History

Authority: The provisions of this Chapter 93 issued under section 4(f) of the Pennsylvania Labor Relations Act (43 P.
Source: The provisions of this Chapter 93 adopted April 26, 1966, unless otherwise noted.

34 Pa. Code § 93.14 Complaints.

(a) After a charge has been filed, if it appears to the Board that formal proceedings in respect thereto should be instituted, the Board will issue and cause to be served upon the parties a complaint in the name of the Board, stating the alleged unfair labor practices, and containing a notice of hearing before a trial examiner at a place therein fixed and at a time not less than 5 days after the service of the complaint.

(b) In the discretion of the Board, upon due notice to the parties, a complaint may be amended, in such manner as the Board may deem proper, at any time before the issuance of a final decision and order if no new cause of action is added after the statute of limitations has run.

(c) A complaint, or amended complaint, or any part thereof, may be dismissed by the Board on its own motion or a charge may be withdrawn upon the motion of an interested party, if deemed appropriate by the Board, at any time before the issuance of a final decision and order, upon due notice to the parties.

New Cause of Action

A proposed amendment would have added a new cause of action beyond the 6 week limitations period set forth in section 9(e) of the Pennsylvania Labor Relations Act; to allow the amendment would have been contrary to the PLRA and the Board’s regulation at 34 Pa. Code § 93.14(b). Fraternal Order of Police v. Pennsylvania Labor Relations Board, 30 PPER (LRP) P 30.070, March 19, 1999.

The hearing examiner properly denied the petitioner’s motion to amend its original charge of an unfair labor practice to also allege a refusal to bargain over the impact of the establishment of a police advisory commission, where the proposed amendment would add a new cause of action beyond the 6-week limitations period. Fraternal Order of Police, Lodge No. 5 v. Pennsylvania Labor Relations Board, 727 A.2d 1187 (Pa. Cmwlth. 1999).

The addition of clauses to a previously filed charge of unfair practices constitutes the adding of a new cause of action such that an amendment must be made prior to the expiration of the statutory limitations period. New Kensington Police Department Bargaining Unit v. City of New Kensington, 29 PPER (LRP) P29,024, 1997.

Where complainant filed timely exceptions to the dismissal of the charge of unfair labor practices, in which complainant sought to amend the charge of unfair labor practices to include a new cause of action under Section 6(1)(c) of the Pennsylvania Labor Relations Act (the Act), the new cause of action in the exceptions was not raised within the applicable limitations period, as required in paragraph (b) of this section, even though the original complaint, which failed to state a charge of unfair labor practices, was within the limitations period of the Act. McAuliffe v. West Norriton Township, 28 PPER (LRP) P28, 114, 1997.

History

Authority: The provisions of this Chapter 93 issued under section 4(f) of the Pennsylvania Labor Relations Act (43 P.
Source: The provisions of this Chapter 93 adopted April 26, 1966, unless otherwise noted.

34 Pa. Code § 93.15 Answers.

(a) The Board recognizes that the primary purpose of pleadings is the formation of the issues. Consequently, rules pertaining to pleadings will be liberally construed toward effecting that end.

(b) An answer need not be filed in representation cases.

(c) In unfair labor practice cases the respondent shall have the right to file an answer to the original or amended complaint. Answers shall be in writing, shall be verified by the person filing the same, and shall be filed with the Board at Harrisburg within the time designated by the Board. Copies of answers shall be served upon the parties to the proceeding. Proof of service of the answer shall be filed with the Board. A party who fails to file an answer shall be deemed to admit only those averments relating to the identity of the parties; other averments shall be deemed to be denied.

(d) Affirmative defenses, including but not limited to, the jurisdiction of the Board, statute of limitations and section 10.1 of the act (43 P. S. § 211.10) shall be pleaded under the heading of new matter in the answer.

(e) Allegations of new matter in the answer shall be deemed denied without the necessity of a reply.

(f) In the discretion of the trial examiner at hearing, or otherwise in the discretion of the Board, an answer may be amended upon motion of the party filing it, upon due notice to the parties, at any time before the issuance of the final decision and order. The motion shall be in writing unless made during the conduct of a hearing.

(g) When the respondent desires to waive hearing on the charges set forth in the complaint and not to contest the proceeding, the answer may consist of a statement that respondent refrains from contesting the proceeding or that respondent consents that the Board may make, enter and serve upon respondent an order to cease and desist from the violations of the act alleged in the complaint. In either case, the answer shall have the same force and effect as if the allegations of the complaint were admitted to be true and shall be deemed to waive a hearing thereon and to authorize the Board, without a hearing, evidence, findings of facts or without any other intervening procedure, to make, enter, issue and serve upon respondent an order to cease and desist from the violations of the act charged in the complaint or such other order as shall be appropriate.

History

Authority: The provisions of this Chapter 93 issued under section 4(f) of the Pennsylvania Labor Relations Act (43 P.
Source: The provisions of this Chapter 93 adopted April 26, 1966, unless otherwise noted.

34 Pa. Code § 93.16 Intervention.

(a) Motions to intervene shall be in writing, shall specify the grounds for intervention, shall be signed and verified, and a copy shall be served upon the parties to the proceeding and proof thereof filed with the Board.

(b) The trial examiner may permit employers, employes and labor organizations to participate as parties in representation hearings without formal intervention, upon a showing of good cause which reasonably prevented them from having filed a timely motion to intervene.

History

Authority: The provisions of this Chapter 93 issued under section 4(f) of the Pennsylvania Labor Relations Act (43 P.
Source: The provisions of this Chapter 93 adopted April 26, 1966, unless otherwise noted.

34 Pa. Code § 93.17 Continuances.

(a) Motions for a continuance, made prior to hearing, shall be in writing, shall be filed with the Board at Harrisburg, and shall set forth the reasons for granting the continuance. No motion will be acted upon by the Board unless it is filed at least 72 hours prior to the hearing, and the ruling of the Board thereon will be final. Upon good cause shown, the 72-hour provision or the necessity of a written motion may be waived at the discretion of the Board.

(b) Conflicting engagements of counsel, whether before a court of record or an administrative tribunal, may not constitute sufficient grounds for a continuance of a proceeding before the Board, unless the date for the appearance of counsel in the conflicting engagement was fixed before receipt of notice of the proceeding before the Board.

(d) At a hearing, the trial examiner shall have the right, subject to the approval of the Board, to continue the hearing from day to day, or to adjourn it to a later date, or to a different place, by announcement thereof at the hearing or by other appropriate notice.

History

Authority: The provisions of this Chapter 93 issued under section 4(f) of the Pennsylvania Labor Relations Act (43 P.
Source: The provisions of this Chapter 93 adopted April 26, 1966, unless otherwise noted.

34 Pa. Code § 93.18 Elections.

Elections shall be governed by § § 95.51—95.59 (relating to elections).

The provisions of this § 93.18 amended under section 4(f) of the Pennsylvania Labor Relations Act (43 P.S. § 211.4(f)); and the act of June 24, 1968 (P.L. 237, No. 111) (43 P.S. § § 271.1—271.12).

The provisions of this § 93.18 amended June 2, 1995, effective June 3, 1995, 25 Pa.B. 2182. Immediately preceding text appears at serial pages (159629) to (159630) and (174921).

History

Authority: The provisions of this Chapter 93 issued under section 4(f) of the Pennsylvania Labor Relations Act (43 P.
Source: The provisions of this Chapter 93 adopted April 26, 1966, unless otherwise noted.

34 Pa. Code § 93.19 Notices to employes.

(a) For the purpose of informing employes affected by representation cases, the posting of notices or orders of the Board at the place of business of the employer, where readily accessible to employes, shall constitute notice.

(b) The Board may, from time to time, require the employer to post notices and orders and to make a return of the posting.

(c) Orders of the Board dismissing charges of unfair labor practices may be posted by the employer, if he so desires, at his place of business, for the information of his employes.

History

Authority: The provisions of this Chapter 93 issued under section 4(f) of the Pennsylvania Labor Relations Act (43 P.
Source: The provisions of this Chapter 93 adopted April 26, 1966, unless otherwise noted.

34 Pa. Code § 93.20 Authority of Secretary.

The authority of the Secretary of the Board will be governed by § 95.81 (relating to the authority of Secretary and Executive Director).

The provisions of this § 93.20 amended under section 4(b) the Pennsylvania Labor Relations Act (43 P.S. § 211.4(b)); and the Public Employe Relations Act (43 P.S. § § 1101.101—1101.2301).

The provisions of this § 93.20 adopted April 26, 1966; amended August 20, 1982, effective August 21, 1982, 12 Pa.B. 2788. Immediately preceding text appears at serial page (50243).

History

Authority: The provisions of this Chapter 93 issued under section 4(f) of the Pennsylvania Labor Relations Act (43 P.
Source: The provisions of this Chapter 93 adopted April 26, 1966, unless otherwise noted.

34 Pa. Code § 93.31 Hearings.

Hearings shall be governed by § § 95.91—95.98 (relating to provisions for formal proceedings).

The provisions of this § 93.31 adopted April 26, 1966; amended April 4, 1980, effective April 5, 1980, effective only for hearings conducted after April 5, 1980, 10 Pa.B. 1435. Immediately preceding text appears at serial pages (9378) and (48308).

History

Authority: The provisions of this Chapter 93 issued under section 4(f) of the Pennsylvania Labor Relations Act (43 P.
Source: The provisions of this Chapter 93 adopted April 26, 1966, unless otherwise noted.

Chapter 95 Public Employees

34 Pa. Code § 95.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Public Employe Relations Act (43 P. S. § § 1101.101—1101.2301). Board—The Pennsylvania Labor Relations Board. Hearing examiner—A person appointed or designated by the Board to conduct a hearing. Party—A person, employe, group of employes, organization or public employer filing a charge, petition, request or application under this chapter; a person, organization or public employer named as a party in a charge, complaint, request, application or petition filed under the act; or a person, organization or public employer whose intervention in a proceeding has been permitted or directed by the Board, secretary or a hearing officer. Nothing in this definition shall be construed to prevent the Board, or a designated officer from limiting participation by a party in the proceedings to the extent of his interest. Petition—A petition for investigation and certification or decertification of a collective bargaining representative filed under the act and this chapter. Showing of interest—A designated percentage of public employes in an allegedly appropriate bargaining unit, or a bargaining unit determined to be appropriate, who are members of an employe organization, who have designated it as their exclusive bargaining representative, or who have signed a petition requesting an election for certification or decertification of public employe representatives. The designations shall consist of written authorization cards or petitions, signed by employes and dated, authorizing an employe organization to represent the employes for the purpose of collective bargaining or requesting an election for certification or decertification of public employe representatives, current dues records or other evidence approved by the Board. Unfair practice—A practice prohibited by the act.

The provisions of this § 95.1 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419.

Parties

Employes who signed showing of interest were not ‘‘parties’’ who may advance petition for decertification in absence of original petitioner. In Re The Employes of Bradford County, 29 PPER (LRP) P29, 150 (1998).

This section cited in § 93.12 (relating to service and filing of papers).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.11 Request for certification.

(a) A public employe, employe organization or group of employes and the public employer may, when the public employe organization represents a majority of the employes in an appropriate unit, jointly submit to the Board a request for certification upon a form to be supplied by the Board.

(b) The request for certification shall set forth the following:

(1) The name, address and telephone number of the public employer and the person to contact, including his title, if known.

(2) The name, address and affiliation, if any, of the employe organization and the name, address and telephone number of its representative.

(3) A description and factual statement in support of the unit claimed to be appropriate for the purpose of exclusive representation.

(4) The budget submission date of the public employer.

(5) The signatures of the parties, including their titles and telephone numbers.

(6) A statement that the employe organization represents a majority of the employes in the unit and the method of determining the representative majority. Proof of the representative majority shall be submitted to the hearing examiner, if requested.

(7) The names and addresses of known employe representatives, individuals, labor organizations or groups claiming to represent any of the employes in the bargaining unit.

(8) Five days prior to the submission to the Board of the joint request for certification, the employer shall post on the bulletin boards at all locations where employes in the requested unit work a copy of the joint request for certification and a statement that the request will be filed with the Pennsylvania Labor Relations Board, 418 Labor and Industry Building, 651 Boas Street, Harrisburg, Pa. 17121, for the purpose of securing from that Board a certification of

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.12 Notice for an election request.

(a) A public employe, a group of public employes or an employe organization may submit, in writing to a public employer, upon forms prepared by the Board, a notice for an election request.

(b) A notice for an election request shall contain the following:

(1) A statement that 30% or more of the public employes in an appropriate unit desire to be exclusively represented for collective bargaining purposes by a designated representative.

(2) A description of the unit deemed appropriate.

(3) A request for a consent election.

The provisions of this § 95.12 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419.

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.13 Consent to election request.

(a) If a public employer consents to an election request by a public employe, a group of public employes or an employe organization, the consent shall be given in writing to the party giving notice within 10 days of the receipt of an election request.

(b) Upon consent to an election request, a joint election request shall be submitted to the Board, in triplicate, upon forms prepared by the Board, which shall include the following:

(1) A description and factual statement in support of the unit deemed appropriate.

(2) The basis for alleging a 30% interest or more.

(3) A list of all unit employes prepared by the employer in the order requested by the Board with occupations or classifications of those agreed upon as eligible to vote.

(4) Suggested times and places of holding the election.

(5) The budget submission date of the public employer.

(6) A 1% showing of interest among employes within the requested unit is required before another employe representative may be placed on the ballot. A 10% showing of interest among employes within the requested unit is required before another employe representative may be permitted to intervene as a party.

(7) If a public employer refuses to consent within the 10-day period to an election, the party making the request may file a petition for representation election. A public employer may file a petition for representation election if, after receiving a notice for an election request, the moving party thereafter fails to submit a joint election request within 10 days after consent is given by the employer.

(c) Five days prior to the submission to the Board of the joint election request, the employer shall post on the bulletin boards at all locations where employes in the requested unit work, a copy of the joint election request and a statement that the request will be filed with the Pennsylvania Labor Relations Board, 418 Labor and Industry Building, 651 Boas Street, Harrisburg, Pa. 17121, for the purpose of securing from that Board a certification of

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.14 Contents of election request.

A petition for representation election shall, when filed by a public employe, employe organization, a group of public employes or public employer, contain the following:

(1) The name, address and telephone number of the public employer and the person to contact, including his title, if known.

(2) The name and affiliation, if any, of the petitioner and its address and telephone number.

(3) A description and factual statement in support of the unit claimed to be appropriate for the purpose of exclusive representation by the petitioner. The description shall indicate the general classifications of employes to be included and those to be excluded and the approximate number of employes in the unit.

(4) The date of the giving of the notice for election request and date it was accepted or declined by the public employer or a statement that no reply has been received.

(5) The name, address and telephone number of the recognized or certified exclusive representative, if any, the date of the certification or recognition, and the expiration date of an applicable contract, if known to the petitioner.

(6) The budget submission date of the employer.

(7) The signature of the representative of petitioner, including his title and telephone number.

(8) A statement, if appropriate, of the showing of interest of not less than 30% of the employes in the unit and the method of ascertaining the showing of interest. Proof of this statement shall be submitted to the hearing examiner, if requested.

(9) The names, addresses and telephone numbers of known representatives, individuals, labor organizations or groups claiming to represent any of the employes in the bargaining unit.

(10) A 1% showing of interest among employes within the requested unit is required before another employe representative may be placed on the ballot. A 10% showing of interest among employes within the requested unit is required before another employe representative may be permitted to intervene as a party.

(11) Other relevant facts.

The provisions of this § 95.14 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419.

Showing of Interest

Union could not obtain representation through a motion to intervene, unsupported by the requisite showing of interest. In the Matter of the Employees of Allegheny County, 30 PPER (LRP) P30,199 (1999).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.15 Disclaimer of interest.

(a) In the event an employe organization shall, at any point prior to the issuance of an order for election, file a disclaimer of interest with the Board Representative, the Board Representative may either dismiss the petition for election or delete the name of the employe organization from the ballot if the conduct of the employe organization is consistent with the disclaimer.

(b) The Board Representative will have the authority to issue an appropriate order decertifying an incumbent representative under a disclaimer of interest.

The provisions of this § 95.15 issued under section 4(b) of the Pennsylvania Labor Relations Act (43 P.S. § 211.4(b)); and the Public Employe Relations Act (43 P.S. § § 1101.101—1101.2301).

The provisions of this § 95.15 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended June 21, 1974, effective June 22, 1974, 4 Pa.B. 1282; amended August 20, 1982, effective August 21, 1982, 12 Pa.B. 2788. Immediately preceding text appears at serial page (27687).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.16 Names and addresses of employes.

Following the determination of the appropriate unit as required by Article VI of the act (43 P. S. § § 1101.601—1101.607), the Board, or its authorized agent, will have the right to direct the employer to submit forthwith to the Board a list of the names and addresses of the employes in the appropriate unit, the list to be made available by the Board to any party to the proceeding who requests it.

The provisions of this § 95.16 adopted June 21, 1974, effective June 22, 1974, 4 Pa.B. 1282; amended May 16, 1975, effective May 17, 1975, 5 Pa.B. 1301. Immediately preceding text appears at serial page (17319).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.17 Validity of showing of interest.

The showing of interest submitted will not be furnished to any of the parties. The Board or its agents will determine the adequacy of the showing of interest and the decision will not be subject to collateral attack in a hearing.

The provisions of this § 95.17 adopted June 21, 1974, effective June 22, 1974, 4 Pa.B. 1282.

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.21 Petition by employes.

A petition by a public employe, or a group of public employes, for decertification of public employe representative shall be filed with the Board not sooner than 90 days nor later than 60 days before the expiration date of a collective bargaining agreement; or after the expiration date until a new written agreement has been entered into; or, if no collective bargaining agreement has been entered into, not sooner than 1 year from the date the certification had become effective. The petition shall be on the form supplied by the Board and shall contain the following:

(1) A statement alleging that the employe representative certified by the Board, or currently recognized by the public employer, no longer represents a majority of the employes in the collective bargaining unit in which it is currently recognized or certified.

(2) A statement of the showing of interest of not less than 30% of the employes in the unit and the method of ascertaining the showing of interest. Proof of this statement shall be submitted to the hearing examiner, upon request. A showing of interest shall indicate that the employes no longer desire to be represented for the purpose of collective bargaining by the currently recognized or certified employe representative.

(3) The name and address of the employer.

(4) The name and address of the petitioner.

(5) The name and address of the incumbent representative.

(6) The date of expiration of the contract.

(7) The number of employes in the unit.

(8) The date of the last election.

(9) Other relevant facts.

The provisions of this § 95.21 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended July 30, 1976, effective July 31, 1976, 6 Pa.B. 1791. Immediately preceding text appears at serial page (17320).

Names and Addresses

The ‘‘name and address of the petitioner’’ requirement should be liberally construed. In the Matter of the Employes of Endless Mountain Transportation Authority, 28 PPER (LRP) 28 151.

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.22 Petition by employers.

A petition by a public employer for decertification of a public employe representative shall be filed with the Board not sooner than 90 days nor later than 60 days before the expiration date of a collective bargaining agreement; or after the expiration date until a new written agreement has been entered into; or, if no collective bargaining agreement has been entered into, not sooner than 1 year from the date the certification had become effective. The petition shall be on the form supplied by the Board and contain the following:

(1) A factual statement indicating a good faith doubt of the majority status of the public employe representative.

(2) The name of the currently recognized or certified public employe representative.

(3) The name and address of the employer and a description of the bargaining unit involved.

(4) The general nature of the business of the employer.

(5) The name and address of the incumbent representative.

(6) The date of expiration of the contract.

(7) The number of employes in the unit.

(8) The date of the last election.

(9) Other relevant facts.

The provisions of this § 95.22 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended July 30, 1976, effective July 31, 1976, 6 Pa.B. 1791. Immediately preceding text appears at serial page (17320).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.23 Unit clarification.

(a) If no question of representation exists, a petition for clarification of an existing bargaining unit may be filed by the collective bargaining representative or by the public employer.

(b) A petition for unit clarification shall contain the following:

(1) The name of the employer and the name of the collective bargaining representative.

(2) The address of the employer.

(3) A description of the present bargaining unit and, if the bargaining unit is certified, an identification of the existing certification.

(4) A description of the proposed clarification.

(5) The names and addresses of other persons or employe organizations who claim to represent any employes affected by the proposed clarifications and brief descriptions of the contracts, if any, covering those employes.

(6) The number of employes in the present bargaining unit and in the unit as proposed under the clarification.

(7) The job classifications of employes as to whom the issue is raised and the number of employes in each classification.

(8) A statement by petitioner setting forth the reasons for requesting the clarification.

(9) The name, affiliation if any, and address of the petitioner.

(10) Other relevant facts.

(c) When unit clarification is jointly requested by the collective bargaining representative and the public employer, the Board Representative will have the authority to issue an appropriate order of unit clarification.

The provisions of this § 95.23 issued under section 4(b) of the Pennsylvania Labor Relations Act (43 P.S. § 211.4(b)); and the Public Employe Relations Act (43 P.S. § § 1101.101—1101.2301).

The provisions of this § 95.23 adopted May 16, 1975, effective May 17, 1975, 5 Pa.B. 1301; amended August 20, 1982, effective August 21, 1982, 12 Pa.B. 2788. Immediately preceding text appears at serial pages (50248) to (50249).

Consolidated Petitions

If a petition for representation is filed by a union representative which requires a redetermination of unit appropriateness and if unit clarification petitions require an identical determination, it is not error to act on the consolidated petitions. Independent Association of Pennsylvania Liquor Control Board Employees v. Labor Relations Board, 409 A.2d 532 (Pa. Cmwlth. 1980).

Individual Employes

Once the Board exercises exclusive jurisdiction to determine an appropriate bargaining unit, the arbitrator may decide whether individual employes fall within the scope of that unit in contractual grievance procedures. West Shore School District v. West Shore Education Association, 519 A.2d 552 (Pa. Cmwlth. 1986); appeal denied 536 A.2d 1335 (Pa. 1987).

Petition Filing Required

Where aluminum workers union and the United Steel Workers Union of America merged, but failed to file a petition pursuant to subsection (b) of this section to amend the certification to reflect the merger, the court refused to find for purposes of Public Employe Relations Act that in the absence of certification USWA possessed an enforceable right to bargain on behalf of the merged unit. United Steel Workers of America v. Ford City Borough, 30 PPER (LRP) P30,031 (January 20, 1999).

Unit Clarification

Although section 604 of the Pennsylvania Employee Relations Act (P. L. 563) (43 P. S. § 1101.604) does not specifically outline a procedure for unit clarification, the regulations of the Board in subsection (a) do provide for unit clarification proceedings. Gateway School District v. Labor Relations Board, 470 A.2d 185 (Pa. Cmwlth. 1984).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.24 Amendment of certification.

(a) If no question of representation exists, a petition for amendment of certification may be filed by the collective bargaining representative or by the public employer.

(b) A petition for amendment of certification shall contain the following:

(1) The name of the employer and the name of the certified employe organization involved.

(2) The address of the employer involved.

(3) Identification and description of the existing certification.

(4) A statement by petitioner setting forth the details of the desired amendment and reasons therefor.

(5) The names and addresses of other persons or employe organizations claiming to represent any employes in the unit covered by the certification and brief description of the contracts, if any, covering those employes in the unit.

(6) The name, affiliation if any, and address of the petitioner.

(7) A brief description of the process utilized in carrying out the affiliation.

(8) Other relevant facts.

(c) When the requested amendment of certification serves to effectuate the policies of the act, the Board Representative will issue an order amending the certification or other appropriate order.

The provisions of this § 95.24 issued under section 4(b) of the Pennsylvania Labor Relations Act (43 P.S. § 211.4(b)); and the Public Employe Relations Act (43 P.S. § § 1101.101—1101.2301).

The provisions of this § 95.24 adopted August 20, 1982, effective August 21, 1982, 12 Pa.B. 2788.

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.31 Charges.

(a) Charges shall be in writing on forms supplied by the Board and shall be signed and sworn to before a person authorized to administer oaths. An original of the charge shall be filed with the Board by one or more public employes, or an employe organization, acting in their behalf, or by a public employer.

(b) The charge shall include the following information:

(1) The name, address, telephone number and affiliation, if any, of the charging party, and the title of a representative filing the charge.

(2) The name, address and telephone number of the respondent, or respondents, and other party named in the charge.

(3) A clear and concise statement of the facts constituting the alleged unfair practice, including the names of the individuals involved in the alleged unfair practice, the time, place of occurrence and nature of each particular act alleged, and reference to the specific provisions of the act alleged to have been violated.

(c) After a charge has been filed, if it appears to the Board that formal proceedings in respect to the charge should be instituted, the Board, or any member of the Board, or the regional director, may issue and cause to be served upon the parties a complaint in the name of the Board, stating the alleged unfair practices, and containing a notice of hearing before a hearing examiner at a place stated in the complaint and at a time not less than 5 days after the service of the complaint unless involving charges under section 803 or 1201(b)(6) or (7) of the act (43 P. S. § 1101.803 or 1101.1201(b)(6) or (7)).

The provisions of this § 95.31 amended under section 4(f) of the Pennsylvania Labor Relations Act (43 P.S. § 211.4(f)); and section 502 of the Public Employe Relations Act (43 P.S. § 1101.502).

The provisions of this § 95.31 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended June 21, 1974, effective June 22, 1974, 4 Pa.B. 1282; amended February 7, 2020, effective February 8, 2020, 50 Pa.B. 792. Immediately preceding text appears at serial page (296497).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.32 Amendment of complaints and answers.

(a) At the discretion of the Board, upon due notice to parties, a complaint may be amended, in such manner as the Board may deem proper, before the issuance of a final decision and order, if no new cause of action is added after the statute of limitations has run.

(b) A complaint, amended complaint or a part thereof, may be dismissed by the Board on its own motion or a charge may, with the approval of the Board, be withdrawn upon the motion of the complainant before the issuance of a final decision and order, upon due notice to all parties.

(c) Subject to the approval of the hearing examiner or the Board, an answer may be amended upon motion of the filing party before the commencement of the testimony. The motion shall be in writing, unless made at the hearing and before commencement of the testimony. A copy of the motion shall be served upon all parties. In the event the complainant is prejudiced by the amendment, a motion for continuance will be granted.

The provisions of this § 95.32 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419.

New Cause of Action

The allegation of additional clauses to a pending charge of unfair practices adds allegation of a new cause of action and must therefore occur within 4 months of the act which allegedly constitutes the unfair practice. PSSU Local 668, AFL-CIO v. Pennsylvania Labor Relations Board, 30 PPER (LRP) P30,090, April 20, 1999.

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.33 Prosecuting authority.

Cases in which complaints are actually issued by the Board shall be prosecuted before the Board, a member of the Board, or its hearing examiner, by the representative of the employe organization or party filing the charge, and, in addition to the charge, or in lieu of it, if the Office of the Attorney General sees fit, by a Deputy Attorney General, especially assigned to this type of case.

The provisions of this § 95.33 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419.

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.34 Answers.

(a) The Board recognizes that the primary purpose of pleadings is the formulation of issues. Consequently, rules pertaining to pleadings will be liberally construed to effect that end.

(b) No answer need be filed in representation cases.

(c) The respondent shall, except in charges provided for in section 803 or 1201(b)(6) or (7) of the act (43 P. S. § 1101.803 or 1101.1201(b)(6) or (7)) file an answer to the original or amended complaint within 15 days from the service of the complaint. Answers shall be verified by the person filing them, and shall be filed with the Board at Harrisburg or at its regional offices. Copies of answers shall be served upon the parties to the proceeding. Proof of service of the answer shall be filed with the Board. A party who fails to file an answer or to specifi-cally deny allegations in the complaint shall be deemed to admit only those averments relating to the identity of the parties; all other averments shall be deemed to be denied.

(d) In the discretion of the hearing examiner at the hearing, or in the discretion of the Board, an answer may be amended upon motion of the party filing it, upon due notice to the parties, before the issuance of the final decision and order. The motion must be in writing unless made during the conduct of the hearing.

The provisions of this § 95.34 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended August 29, 1975, effective August 30, 1975, 5 Pa.B. 2261. Immediately preceding text appears at serial page (17322).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.35 New matter in the answer.

(a) Affirmative defenses, including but not limited to the jurisdiction of the Board and statute of limitations, shall be pleaded under the heading of new matter in the answer.

(b) Allegations of new matter in the answer shall be deemed denied without the necessity of a reply.

The provisions of this § 95.35 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419.

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.36 Offers of fact and proposals.

At any stage of a proceeding, prior to a hearing, where time, the nature of the proceeding, and the public interest permit, interested parties shall have the opportunity to submit to the Board, or a member or agent of the Board, for consideration facts, arguments, offers of settlement or proposals of adjustment.

The provisions of this § 95.36 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended September 10, 1971, effective September 11, 1971, 1 Pa.B. 1805.

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.37 Dismissal.

Petitions and charges shall set forth fully and specifically all the information and facts required by the act, the rules and the forms supplied by the Board. The Board may, upon a failure to comply with this section, dismiss the petition or charge without further proceedings.

The provisions of this § 95.37 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419.

Where the particular acts which were alleged to constitute unfair practices were not set forth in the complaint filed with the Board, and the complaint was never amended to include said acts, the Board properly did not consider those matters. Teamsters Local Union 77, v. Labor Relations Board, 492 A.2d 782 (Pa. Cmwlth. 1985).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.41 Service of papers.

Service of papers on a party shall be made personally, by United States mail, or by leaving a copy of the papers with the person then in charge at the principal office or place of business of the person to be served. Where an attorney or representative has entered his appearance under § 91.2(a) (relating to appearances), complaints, orders and other processes and papers of the Board shall be served on the attorney or representative and need not be served on the party. Service by a party on an attorney or representative who has entered an appearance under § 91.2(a) may be made personally, by United States Postal Service first-class mail, or where the attorney or representative has approved service by e-mail in an entry of appearance, by e-mail to the e-mail address provided in the entry of appearance.

The provisions of this § 95.41 amended under section 4(f) of the Pennsylvania Labor Relations Act (43 P.S. § 211.4(f)); and section 502 of the Public Employe Relations Act (43 P.S. § 1101.502).

The provisions of this § 95.41 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended February 7, 2020, effective February 8, 2020, 50 Pa.B. 792. Immediately preceding text appears at serial page (259512).

Service of Papers

In affirming the lower court’s denial of a request for allowance of an untimely appeal by the county, which request was based upon confusion resulting from a change of solicitors, the court noted under this section provides that where an attorney has entered his appearance all orders and other papers shall be served on that attorney. County of Lawrence v. Labor Relations Board, 469 A.2d 1145 (Pa. Cmwlth. 1983).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.42 Filing of papers.

(a) When the act, this chapter or an order of the Board requires the filing of a motion, brief, exception or other paper in a proceeding, the document shall be received by the Board or the officer or agent designated by the Board to receive the document before the close of business of the last day of the time limit, if any, for the filing. Exceptions to this requirement will be at the discretion of the Board.

(b) Charges and petitions may be filed with the principal office of the Board in Harrisburg, or with the regional office of the Board in Pittsburgh. Charge and petition forms are available at Board offices.

(2) Except for a Joint Election Request (Form PERA-3), Petition (Form PLRB-13 or Form PERA-4), or other document with a showing of interest, filing by electronic mail by e-mailing a portable document format (PDF) file of the scanned complete signed document, including attachments and exhibits thereto, to the Board at the Board’s designated e-mail address. The date of filing of an e-mailed document shall be the date of receipt by a Board officer or agent in accordance with subsection (a).

(d) Actions before the Board, the first paper filed on behalf of each party shall contain an address including zip code at which service of complaints, orders and other processes and papers of the Board may be made. Thereafter, a party may file with the Board an entry of appearance under § 91.2(a) (relating to appearances), which shall form part of the record in the case, setting forth a new address at which the service may be made. If he does not do so, notice sent to him by United States mail at his last address of record shall be equivalent to service.

(e) Papers, pleadings, briefs or other documents filed with the Board shall be legibly typed, printed or otherwise legibly duplicated.

The provisions of this § 95.42 amended under section 4(f) of the Pennsylvania Labor Relations Act (43 P.S. § 211.4(f)); and section 502 of the Public Employe Relations Act (43 P.S. § 1101.502).

The provisions of this § 95.42 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended February 7, 2020, effective February 8, 2020, 50 Pa.B. 792. Immediately preceding text appears at serial pages (259512) and (275301).

This section cited in § 95.98 (relating to decisions of the Board).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.43 Notice.

(a) The Board will give notice of election at least 10-calendar days before the date of the election. The notice will include a description of the bargaining unit, the form of the ballot, the times and places where the election is to be held, and a list of names of those eligible to vote or reference to the places where the list shall be filed and available for inspection.

(b) Notices may be posted by the Board officer or the Board may direct the employer to post such notices and orders and make a return of the posting.

(c) Notices shall be posted at the place of business of the employer at locations where employes in the requested unit work. The Board may post or order the public employer to post the other orders and notices as it may deem necessary or appropriate.

The provisions of this § 95.43 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419.

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.44 Interventions.

(a) Motions to intervene shall be in writing, specify the grounds for intervention, be signed and verified, and a copy shall be served upon the parties to the proceedings. Proof for motions to intervene shall be filed with the Board.

(b) In representation proceedings, the hearing examiner may, subject to § 95.11 (relating to request for certification) permit public employers, public employes and employe organizations to participate as parties without formal intervention, upon a showing of good cause which reasonably prevented them from having filed a timely motion to intervene.

(c) The Board or a member of the Board, or the hearing examiner, as the case may be, may, by orders, permit intervention in person, by counsel, or by other representative to the extent and upon the terms as they may deem proper.

The provisions of this § 95.44 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419.

Intervention

Petition to intervene filed by the Pennsylvania State Association of Township Supervisors was denied, where the association, which represents the interests of over 1,450 townships of the second class, merely alleged that the Labor Relations Board’s inclusion of the township roadmaster in the bargaining unit ‘‘may impair’’ the ability of those townships to perform governmental functions, but nothing would impair a township from appearing before the board to demonstrate on the record facts which would support alleged supervisory status. In the Matter of the Employes of Winfield Township, 30 PPER (LRP) P30, 022 (1998).

Waiver

Where hearing examiner denies intervention in an order dismissing representative’s petition and no exceptions are filed to that order under § 95.98(b), the issue is waived for purposes of further review. Donatucci v. Labor Relations Board, 547 A.2d 857 (Pa. Cmwlth. 1988).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.45 Continuances.

(a) Motions for a continuance made prior to a hearing shall be in writing, shall be filed with the Board at Harrisburg, and shall set forth the reasons for a continuance and the position of all parties or their representatives to the request. The motion may not be acted upon by the Board unless it is filed at least 72 hours prior to the hearing, and the ruling of the Board shall be final. Upon good cause shown, the 72 hour provision or the necessity of a written motion may be waived at the discretion of the Board.

(b) Conflicting engagements of counsel, whether before a court of record or an administrative tribunal, shall normally not constitute sufficient grounds for a continuance of any proceeding before the Board, unless the date for the appearance of counsel in the conflicting engagement was fixed before receipt of notice of the proceeding before the Board.

(d) At a hearing, the hearing examiner subject to the approval of the Board, may continue the hearing from day to day, or to adjourn it to a later date or a different place, by announcement of the change at the hearing or by other appropriate notice.

The provisions of this § 95.45 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419.

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.46 Prehearing conferences.

In representation, decertification and unfair practice proceedings the Board, on its own motion or upon the written request of either party, may designate a member or hearing examiner to meet with the parties at a time mutually convenient to all, to conduct a prehearing conference for the purpose of delineating the issues and, to the extent possible, agree on the facts, matters or procedures as will facilitate and expedite the hearings, elections or adjudication of the issues.

The provisions of this § 95.46 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419.

This section cited in 34 Pa. Code § 95.56 (relating to voters with a disability).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.51 Election process.

(a) Elections will be by secret ballot, at times, places and in the manner the Board or the Board Representative may direct, and will be conducted by a designated agent of the Board, whose determination of questions arising shall be final, subject to review by the Board or the Board Representative.

(b) Ballots will be prepared and issued by the Board. Ballots will contain the name of each representative and a choice of ‘‘no representative.’’ The place of priority on the ballot will be determined by the chronological filing or appearance on the dockets of the Board but with the petitioner taking first priority. In a runoff election, the place of priority will be determined by the sequence appearing on the ballot at the prior inconclusive election.

The provisions of this § 95.51 amended under section 502 of the Public Employe Relations Act (43 P. S. § 1101.502); section 4(f) of the Pennsylvania Labor Relations Act (43 P. S. § 211.4(f)); and the act of June 24, 1968 (P. L. 237, No. 111) (43 P. S. § § 271.1—271.12).

The provisions of this § 95.51 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended June 2, 1995, effective June 3, 1995, 25 Pa.B. 2182. Immediately preceding text appears at serial page (174940).

This section cited in 34 Pa. Code § 93.18 (relating to elections).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.52 Procedures for onsite elections.

(a) Watchers. Each party to the election will be entitled to be represented by one watcher at each polling place or by additional watchers as the parties may agree, subject to limitations as the Board or its authorized agent may prescribe. Watchers for all parties shall be employes eligible to vote. However, if the employer is unable to find an individual on the list of eligible voters who is willing to serve as a watcher, the employer may choose a nonsupervisory or other appropriate person. If the unit includes supervisors, the parties may use as watchers persons who function at the same level of supervision.

(b) Polling area. Before the commencement of an onsite election, the agent of the Board will designate the polling area. No electioneering of any kind may take place within this area. A violation of this requirement by any party or its agent may be ground for setting aside the election.

The provisions of this § 95.52 amended under section 502 of the Public Employe Relations Act (43 P. S. § 1101.502); section 4(f) of the Pennsylvania Labor Relations Act (43 P. S. § 211.4(f)); and the act of June 24, 1968 (P. L. 237, No. 111) (43 P. S. § § 271.1—271.12).

The provisions of this § 95.52 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended June 21, 1974, effective June 22, 1974, 4 Pa.B. 1282; amended May 16, 1975, effective May 17, 1975, 5 Pa.B. 1301; amended June 2, 1995, effective June 3, 1995, 25 Pa.B. 2182. Immediately preceding text appears at serial page (174941).

Polling Area

Union election was not set aside where electioneering occurred outside the area designated as the ‘‘polling area.’’ The fact that electioneering was engaged in by union-supporting employees, rather than by union officials or representatives invokes less exacting standard. Kaolin Mushroom Farms v. Labor Relations Board, 702 A.2d 1110 (Pa. Cmwlth. 1997); appeal dismissed 720 A.2d 763 (Pa. 1998).

Watchers

Board properly rejected designation of code enforcement officer as election watcher where the officer was a management-level employe. Washington Township Municipal Authority v. Labor Relations Board, 569 A.2d 402 (Pa. Cmwlth. 1990); appeal denied 581 A.2d 577 (Pa. 1990).

This section cited in 34 Pa. Code § 93.18 (relating to elections).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.53 Procedures for mail ballot elections.

(a) Ballot packet. Each eligible voter will be mailed a packet containing a ballot, a ballot envelope, a preaddressed stamped return envelope and instructions. The return envelopes will have a key number assigned to each voter to assist identification at the ballot count.

(b) Instructions. The instructions will direct the voter to mark the ballot in secret placing an ‘‘X’’ in the square of the desired choice without identifying the voter. The ballot shall then be folded, inserted into the ballot envelope, the ballot envelope sealed and inserted into the return envelope. The return envelope shall be sealed and the voter shall sign his name in the box provided on the reverse of the sealed return envelope. The instructions will also advise the voter of the date, established in the election order, by which return envelopes must be received by the Board to be canvassed.

(c) Duplicate packets. The posted election order will advise voters of a date by which voters who do not receive an election packet should contact the Board at the address or telephone number provided to receive a duplicate packet. The duplicate packets will contain the materials referenced in subsection (a) and be key numbered to prevent casting of more than one ballot by a voter.

(d) Ballot count. Returned ballots will be kept secure by the Board and remain unopened in their return envelopes until the date set for counting the ballots. Either by mail before the ballot count, with a copy to all parties, or at the ballot count, each party and the Board shall have an opportunity to challenge any ballots prior to the opening of the return envelopes. Appropriately challenged ballots will not be tallied and will remain in their return envelopes for subsequent proceedings and identification if necessary. Ballots which have not been challenged will be compared to the eligibility list, removed from the return envelope and the return envelopes destroyed. The ballots will then be commingled while remaining sealed in ballot envelopes. The ballot envelopes will then be opened and the results tabulated.

The provisions of this § 95.53 amended under section 502 of the Public Employe Relations Act (43 P. S. § 1101.502); section 4(f) of the Pennsylvania Labor Relations Act (43 P. S. § 211.4(f)); and the act of June 24, 1968 (P. L. 237, No. 111) (43 P. S. § § 271.1—271.12).

The provisions of this § 95.53 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended June 2, 1995, effective June 3, 1995, 25 Pa.B. 2182. Immediately preceding text appears at serial page (174941).

This section cited in 34 Pa. Code § 93.18 (relating to elections).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.54 Voter eligibility.

(a) Employes who are hired and working in the payroll period immediately preceding issuance of the order directing the election shall be eligible to vote in the election, if they remain employed when the election takes place.

(b) The order directing election will have attached a voter eligibility list which will be all those employes in the unit found appropriate. The eligibility list is not dispositive if eligibility of voters is disputed by a party.

The provisions of this § 95.54 amended under section 502 of the Public Employe Relations Act (43 P. S. § 1101.502); section 4(f) of the Pennsylvania Labor Relations Act (43 P. S. § 211.4(f)); and the act of June 24, 1968 (P. L. 237, No. 111) (43 P. S. § § 271.1—271.12).

The provisions of this § 95.54 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended June 2, 1995, effective June 3, 1995, 25 Pa.B. 2182. Immediately preceding text appears at serial page (174941).

This section cited in 34 Pa. Code § 93.18 (relating to elections).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.55 Challenged voters.

(a) A prospective voter may be challenged for cause.

(b) Employes whose names do not appear upon the list certified by the Board as being a complete list of the employes within the defined appropriate unit will be challenged by the agent of the Board.

(c) A challenged voter shall vote but the ballot will not be canvassed. At an onsite election, the challenged ballot will be sealed in a separate, unmarked envelope under the supervision of the agent of the Board, inserted in a special identifiable form envelope provided by the Board for that purpose, and returned to the Board agent. A challenged mail ballot will remain in the return envelope until its validity is determined, if necessary.

The provisions of this § 95.55 amended under section 502 of the Public Employe Relations Act (43 P. S. § 1101.502); section 4(f) of the Pennsylvania Labor Relations Act (43 P. S. § 211.4(f)); and the act of June 24, 1968 (P. L. 237, No. 111) (43 P. S. § § 271.1—271.12).

The provisions of this § 95.55 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended June 2, 1995, effective June 3, 1995, 25 Pa.B. 2182. Immediately preceding text appears at serial pages (174941) to (174942).

Eligibility List

Ballots cast in a certification election by persons whose names do not appear on the Board’s eligibility list will be automatically challenged and segregated from the unchallenged ballots. Bucks County Schools, Intermediate Unit No. 22 v. Labor Relations Board, 466 A.2d 262, 265 (Pa. Commw. 1983).

This section cited in 34 Pa. Code § 93.18 (relating to elections).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.56 Voters with a disability.

The Board and the parties will provide an opportunity to vote with reasonable accommodation to a voter who because of a physical disability is unable to participate in an election in the manner directed in an election order. Voters with a physical disability who require assistance should contact the Board at either 1601 Labor and Industry Building, Seventh and Forster Streets, Harrisburg, Pennsylvania 17120, (717) 787-1091, or 1513 Pittsburgh State Office Building, Pittsburgh, Pennsylvania 15222, (412) 565-5318. Either prior to or during the prehearing conference conducted under § 95.46 (relating to prehearing conferences) or as otherwise directed by an agent of the Board, the parties to the election shall inform the Board of the circumstance of a disabled voter to allow a ballot to be made available to the voter to be marked and returned to the Board in time for the ballot count. An eligible voter, party or agent of a party to the election may not render assistance to a voter with a disability.

The provisions of this § 95.56 amended under section 502 of the Public Employe Relations Act (43 P. S. § 1101.502); section 4(f) of the Pennsylvania Labor Relations Act (43 P. S. § 211.4(f)); and the act of June 24, 1968 (P. L. 237, No. 111) (43 P. S. § § 271.1—271.12).

The provisions of this § 95.56 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended June 2, 1995, effective June 3, 1995, 25 Pa.B. 2182. Immediately preceding text appears at serial page (174942).

This section cited in 34 Pa. Code § 93.18 (relating to elections).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.57 Objections to the Board’s conduct of election.

Objections to the conduct of a Board agent regarding the election shall be filed within 5 working days of the final tally of votes.

The provisions of this § 95.57 amended under section 502 of the Public Employe Relations Act (43 P. S. § 1101.502); section 4(f) of the Pennsylvania Labor Relations Act (43 P. S. § 211.4(f)); and the act of June 24, 1968 (P. L. 237, No. 111) (43 P. S. § § 271.1—271.12).

The provisions of this § 95.57 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended June 21, 1974, effective June 22, 1974, 4 Pa.B. 1282; amended June 2, 1995, effective June 3, 1995, 25 Pa.B. 2182. Immediately preceding text appears at serial page (174942).

Timeliness

A challenge to an election will not be sustained where no unfair practice charge or objection to the Board’s conduct of an election was filed within 5 working days of the holding of the election and canvassing of the challenged ballots. Bucks County Schools, Intermediate Unit No. 22 v. Labor Relations Board, 466 A.2d 262 (Pa. Cmwlth. 1983).

This section cited in 34 Pa. Code § 93.18 (relating to elections); and 34 Pa. Code § 95.59 (relating to election results).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.58 Unfair practices in connection with election.

(a) Objections. Objections to the conduct of a party to the election seeking a new election shall be filed as a charge of unfair practices within 5 working days of the final tally of votes. Charges of unfair practices which do not seek as a remedy the conduct of a new election shall be filed within the 6-week limitation period of section 9(e) of the Pennsylvania Labor Relations Act (43 P. S. § 211.9(e)) or the 4-month limitation period of section 1505 of the Public Employe Relations Act (43 P. S. § 1101.1505), as applicable.

(b) Blocking charges. If charges of unfair practices are filed before the conduct of an election, the Secretary of the Board or the hearing examiner shall have discretion to block the further processing of a petition seeking an election if the alleged unfair practice, if proved, would likely prevent a fair and free election. The charging party shall have the right to waive the blocking nature of the charges of unfair practices with prejudice to its right to seek a new election based upon the allegations in the charge of unfair practices.

The provisions of this § 95.58 issued under section 502 of the Public Employe Relations Act (43 P. S. § 1101.502); section 4(f) of the Pennsylvania Labor Relations Act (43 P. S. § 211.4(f)); and the act of June 24, 1968 (P. L. 237, No. 111) (43 P. S. § § 271.1—271.12).

The provisions of this § 95.58 adopted June 2, 1995, effective June 3, 1995, 25 Pa.B. 2182.

This section cited in 34 Pa. Code § 93.18 (relating to elections); and 34 Pa. Code § 95.59 (relating to election results).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.59 Election results.

(a) In elections where challenged ballots affect the election outcome and objections under § 95.57 (relating to objections to the Board’s conduct of election) or unfair practices under § 95.58 (relating to unfair practices in connection with election), or both, have been filed, the Board will first resolve the challenged ballots which may render moot charges of unfair practices or election objections.

(b) Each party will be permitted to observe the canvass of the ballots.

The provisions of this § 95.59 issued under section 502 of the Public Employe Relations Act (43 P. S. § 1101.502); section 4(f) of the Pennsylvania Labor Relations Act (43 P. S. § 211.4(f)); and the act of June 24, 1968 (P. L. 237, No. 111) (43 P. S. § § 271.1—271.12).

The provisions of this § 95.59 adopted June 2, 1995, effective June 3, 1995, 25 Pa.B. 2182.

This section cited in 34 Pa. Code § 93.18 (relating to elections).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.61 Fact-finding panels.

(a) If the Bureau of Mediation notifies the Board of the failure of the parties to have reached an agreement within the time provided by the act, the Board may appoint a fact finding panel consisting of either one or three members.

(b) If the Board is requested by a school entity or employe organization to appoint a fact-finding panel under section 1122-A(a)(2) of the Public School Code of 1949 (24 P. S. § 11-1122-A), the Board will appoint a fact-finding panel which may consist of either one or three members.

(c) If a school entity and employe organization mutually agree to fact-finding under section 1122-A(a)(3) of the Public School Code of 1949, the Board will appoint a fact-finding panel which may consist of either one or three members.

(d) The Board may appoint a fact-finding panel under section 1122-A(a)(4) of the Public School Code of 1949 which may consist of either one or three members.

(e) Immediately following the appointment, the Board will notify the panel members and all parties of the appointment, requesting the panel to proceed with the holding of hearings, giving due notice of the time and place of the hearing in writing to all parties.

the provisions of this § 95.61 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended November 6, 1992, effective November 7, 1992, 22 Pa.B. 5413. Immediately preceding text appears at serial page (87054).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.62 Filing of issues.

Within 5 days of receipt of notice from the panel, the parties shall file with the panel written statements of the issues in dispute, a copy of the current collective bargaining agreement, if any, and a summary of the position of the party regarding each unresolved issue. A copy of the statements shall be served upon the other party. The matters to be considered by the panel should be limited to those set forth in the statements.

The provisions of this § 95.62 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended November 6, 1992, effective November 7, 1992, 22 Pa.B. 5413. Immediately preceding text appears at serial page (87054).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.63 Hearings and report.

(a) The hearings before the panel are private. While the panel need not insist upon adherence to the legal rules of evidence, it shall, however, base its findings of fact and recommendations upon reliable and credible evidence produced at the hearings.

(b) The panel shall conduct evidentiary hearings as required. For purposes of hearing, the fact-finding panel shall have the power to direct the time, place, course and conduct of the hearings, administer oaths and affirmations, examine witnesses and documents, take testimony and receive evidence, and issue subpoenas to compel attendance of witnesses and the production of papers and records relevant to the matters before the panel. Costs associated with obtaining a hearing room will be borne by the parties.

(c) The panel shall issue its findings of fact and recommendations in writing to the parties and thereafter make them public in accordance with the provisions of law.

The provisions of this § 95.63 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended November 6, 1992, effective November 7, 1992, 22 Pa.B. 5413. Immediately preceding text appears at serial page (87054).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.64 Fact finding and arbitration compensation.

The Board will maintain a list of candidates available for service on the panels to be appointed. Prior to the appointment, fact finders shall have filed with the Board a resume of their qualifications and requested fees for services to be rendered. The services provided by the fact finders shall be compensated in accordance with a schedule of rates approved by the Board.

The provisions of this § 95.64 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended June 21, 1974, effective June 22, 1974, 4 Pa.B. 1282; amended November 6, 1992, effective November 7, 1992, 22 Pa.B. 5413. Immediately preceding text appears at serial page (72819).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.65a Arbitration for school entities and their employes.

(a) Voluntary binding arbitration. Notwithstanding the provisions of the act of July 9, 1992 (P. L. 403, No. 88) (Act 88), which amended the act, a school entity and an employe organization may submit an impasse to voluntary binding arbitration under section 804 of the act (43 P. S. § 1101.804) with the proviso that a decision of the arbitrators which would require legislative enactment to be effective shall be considered advisory only.

(b) Compensation for arbitrators under Act 88.

(1) The partisan arbitrators selected by the parties under section 1124-A(1) of the Public School Code of 1949 (24 P. S. § 11-1124-A) and the impartial arbitrator selected under section 1124-A(2) shall be compensated for purposes of section 1124-A(3)(ii) in accordance with a schedule of rates approved by the Board at a regularly scheduled meeting. Once adopted, the schedule of rates and costs shall continue in effect until redetermined by the Board. Compensation for partisan arbitrators selected under section 1124-A(1) in excess of the Board approved schedule of rates shall be borne solely by the party which selected the arbitrator.

(2) Within 30 days of the completion of the arbitration process, the impartial arbitrator and partial arbitrators, if any, shall submit to the Board a detailed statement of the costs, setting forth the dates and time spent in hearing and preparation of the award.

The provisions of this § 95.65a adopted November 6, 1992, effective November 7, 1992, 22 Pa.B. 5413.

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.66 Impasses involving court employes, guards at prisons and mental institutions.

(a) Impasses involving units of guards at prisons or mental hospitals or units of employes directly involved with the functioning of courts of this Commonwealth, unresolved by the intervention of mediation, shall be submitted to arbitration under section 805 of the act (43 P. S. § 1101.805). The Bureau of Mediation shall notify the Board of an impasse and the need for invoking arbitration.

(b) Prior to appointment, arbitrators shall have filed with the Board a resume of their qualifications and requested fees for services to be rendered. The services provided by arbitrators will be compensated in accordance with a schedule of rates approved by the Board.

(c) The impartial arbitrator chosen under section 806(1) or (2) of the act (43 P. S. § 1101.806(1) or (2)) shall notify the Board of the selection or appointment prior to assuming duties as third member and chairperson.

(d) Third member arbitrators chosen under section 806(1) or (2) of the act (43 P. S. § 1101.806(1) or (2)) will be compensated by the Board. See 43 P. S. § 1101.806(a). Within 30 days of completion of the arbitration process, the third member arbitrator shall submit to the Board a detailed statement of costs, plus expenses, setting forth the dates and time spent in research, hearing and preparation of the report. The Board will periodically determine a schedule of rates and costs for these purposes at a regularly scheduled meeting. The schedule will be published and made of record and continue in effect until redetermination by the Board.

The provisions of this § 95.66 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended July 30, 1976, effective July 31, 1976, 6 Pa.B. 1791; amended November 6, 1992, effective November 7, 1992, 22 Pa.B. 5413. Immediately preceding text appears at serial page (72819).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.71 Collective bargaining contracts.

Copies of collective bargaining contracts entered into between a public employer and a certified employe representative following the issuance of a certification shall be filed with the Board within a period of 30 days after the date of the execution of the collective bargaining contracts.

The provisions of this § 95.71 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419.

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.81 Authority of Secretary and Executive Director.

(a) The Secretary of the Board or the Executive Director of the Board will have authority to issue notices or orders of the Board and to certify copies of all papers and documents which are a part of the files or records of the Board.

(b) The Secretary of the Board or the Executive Director of the Board will have authority to issue orders directing and fixing time and place of initial hearings in representation cases and to issue orders directing and fixing time and place of initial hearings regarding objections and exceptions to the Board’s conduct of a representation election.

(c) The Secretary of the Board or the Executive Director of the Board will have authority to determine whether complaints will issue in unfair practice cases.

(d) At any time subsequent to the issuance of a complaint and prior to the issuance of a proposed decision under § 95.91(k)(1) (relating to hearings), the Secretary of the Board or the Executive Director of the Board will have the authority to hold in abeyance or rescind complaints and to dismiss unfair practice charges upon failure of the charging party to show cause, upon request by the Secretary of the Board or the Executive Director of the Board, why further proceedings are required to effectuate the policies of the act.

The provisions of this § 95.81 issued under section 4(b) of the Pennsylvania Labor Relations Act (43 P. S. § 211.4(b)); and the Public Employe Relations Act (43 P. S. § § 1101.101—1101.2301).

The provisions of this § 95.81 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended August 20, 1982, effective August 21, 1982, 12 Pa.B. 2788. Immediately preceding text appears at serial pages (52261) to (52262).

This section cited in 34 Pa. Code § 93.20 (relating to authority of secretary).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.91 Hearings.

(a) Hearings shall be open to the public unless otherwise ordered by the Board.

(b) Hearings shall be conducted by a hearing examiner designated by the Board. During the course of the proceeding, the Board may designate a new hearing examiner to take the place of the hearing examiner previously designated to conduct the hearing.

(c) The transcript of the testimony in hearings will become part of the record if no objections to the transcript are filed with the Board within 15 days after its deposit in the United States mail. The postmark shall be conclusive evidence of the date of mailing. Objections shall specify the matter objected to and the relief sought. The Board may order a hearing on the objections. The Board will make an order that may be necessary to conform the transcript to the occurrences at the hearing; and the conformed transcript will then be certified by the official stenographer, will be filed of record in the case, will be treated as official and part of the record for purposes of review upon appeal, and will be considered as prima facie accurate whenever thereafter offered in evidence.

(d) Motions made during a hearing and objections with respect to the conduct of a hearing, including objections to the introduction of evidence, shall be stated orally and shall be included in the stenographic report of the hearing. Final argument shall not be included in the stenographic report unless the hearing examiner shall so direct.

(e) If a motion to dismiss or preliminary objections challenging the jurisdiction of the Board are advanced, the hearing may be limited to testimony and evidence relating thereto prior to proceeding with testimony on the merits.

(f) The hearing examiner shall have full authority to control the conduct and procedure of the hearing and the record thereof, to admit or exclude testimony or other evidence, and to rule upon motions and objections subject to review by the Board.

(g) The hearing examiner shall see that a full inquiry is made into the matters in issue and to obtain a complete record of facts necessary for a fair determination of the issues by the Board.

(h) The hearing examiner may do any of the following:

(1) Call and examine witnesses.

(2) Direct the production of papers or other matter present in the hearing room.

(3) Exclude irrelevant or immaterial testimony.

(4) Introduce documentary or other evidence.

(5) Take action during the progress of a hearing which will properly effectuate the policy of the act.

(i) At a hearing, parties shall have the right to call, examine and cross-examine witnesses and to introduce documentary or other evidence subject to the rulings of the hearing examiner.

(j) Concerning briefs and oral arguments the hearing examiner shall set the time required for the filing of briefs. A party filing a brief shall file the original with the hearing examiner and four copies with the Board, concurrently serving one copy on each other party to the hearing. Briefs shall be accompanied by a certificate of service.

(k) Proposed decision or recommendation shall be issued as follows:

(1) Unfair practice and unit clarification proceedings. After the close of the formal hearing, if any, the hearing examiner or Board agent conducting the hearing shall issue a proposed decision or may submit the record of the case to the Board for decision under instructions, if any, from the Board. The proposed decision shall be in writing and shall contain a statement of the case, findings of fact, conclusions of law and the order. The hearing examiner or Board agent shall cause a copy of the proposed decision to be served upon the parties.

(2) Representation proceedings. Proposed decision or recommendation shall be issued as follows for representation proceedings:

(i) Hearing examiner recommendations. After the close of the formal hearing in representation proceedings, the hearing examiner or Board agent conducting the hearing shall submit his recommendations and record to the Board Representative of the Board designated for the purpose of review of representation cases. The Board Representative will be designated by the Board at a regular meeting of the Board and the designation will be recorded in the minutes of the Board meeting.

(ii) Board Representative. Upon receipt of the recommendation and record of the hearing examiner the Board Representative shall adopt, reject or modify the recommendation and shall be authorized to issue and cause to be served on the parties an order directing an election or other appropriate action. A decision or order of the Board Representative shall set forth the findings of fact, conclusions of law, discussion and order or direction and shall be subject only to the filing of a request for review with the Board.

(iii) Request for review. Prior to the conduct of a representation election, an aggrieved party may file a written request for review with the Board accompanied by a statement of service. A request for review will be granted only where the order or direction of the Board Representative is clearly erroneous and prejudicially affects the rights of the party seeking review. The filing of a request for review with the Board will not operate, unless otherwise ordered by the Board, as a stay of any order or direction of the Board Representative.

(A) A request for review must be a self-contained document enabling the Board to rule on the basis of its contents.

(B) A party may file with the Board a timely statement in opposition to a request for review prior to the conduct of a representation election accompanied by a statement of service.

(l) Subsection (b) supplements 1 Pa. Code § 35.185 (relating to designation of presiding officers); subsections (f) and (h) supplement 1 Pa. Code § 35.187 (relating to authority delegated to presiding officers); and subsection (i) supplements 1 Pa. Code § 35.126 (relating to presentation by the parties). Subsection (c) supersedes 1 Pa. Code § § 35.131 and 35.132 (relating to recording of proceedings; and transcript corrections); subsection (d) supersedes 1 Pa. Code § § 35.131 and 35.178 (relating to recording of proceedings; and presentation of motions); subsection (j) supersedes 1 Pa. Code § 35.221 (relating to briefs and oral argument in absence of proposed report); and subsection (k) supersedes 1 Pa. Code § 35.202 (relating to proceedings in which proposed reports are prepared).

The provisions of this § 95.91 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended September 10, 1971, effective September 11, 1971, 1 Pa.B. 1805; amended April 4, 1980, effective April 5, 1980, effective only for hearings conducted after April 5, 1980, 10 Pa.B. 1435. Immediately preceding text appears at serial page (9398).

Bifurcation

The city has an adequate administrative remedy through the Labor Relations Board to determine whether the city’s attorneys-employes could form a bargaining unit under the Public Employee Relations Act so that the Commonwealth Court lacked jurisdiction over the city’s petition for review. Philadelphia ex rel. Harris v. Labor Relations Board, 641 A.2d 709 (Pa. Cmwlth. 1994).

A hearing examiner’s decision to bifurcate a trial and limit testimony to the issue of timeliness of the filing of the petition was proper, since the Board’s regulations clearly allow for bifurcation of issues where preliminary jurisdiction questions are raised, and also since the petitioner was not prejudiced by the bifurcation. Thomas v. Labor Relations Board, 485 A.2d 903 (Pa. Cmwlth. 1985).

This section cited in 34 Pa. Code § 93.31 (relating to hearings); 34 Pa. Code § 95.81 (relating to authority of Secretary and Executive Director); 34 Pa. Code § 95.96 (relating to exceptions); and 34 Pa. Code § 95.98 (relating to decisions of the Board).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.92 Contemptuous conduct.

(a) Contemptuous conduct shall be ground for exclusion from the hearing, and the refusal of a witness to answer questions which have been ruled to be proper shall be ground for striking out all testimony previously given by the witness on related matters. Misconduct of an aggravated character, when engaged in by an attorney or other representative of a party, shall be ground, after due notice and hearing, for suspension or disbarment by the Board from further practice before it.

(b) Subsection (a) supersedes 1 Pa. Code § § 31.27 and 31.28 (relating to contemptuous conduct; and suspension and disbarment).

The provisions of this § 95.92 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended April 4, 1980, effective April 5, 1980, effective only for hearings conducted after April 5, 1980, 10 Pa.B. 1435. Immediately preceding text appears at serial page (9399).

This section cited in 34 Pa. Code § 93.31 (relating to hearings).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.94 Depositions.

(a) Witnesses at hearings shall be examined orally under oath or affirmation, and a record of the proceeding shall be made and kept by the Board. If a witness resides outside this Commonwealth or through illness or other cause is unable to testify before the Board, its members or hearing examiner conducting the hearing or investigation, his testimony may, upon application, be taken by deposition.

(b) Applications to take depositions under this section shall be in writing or may be made orally at a hearing. The application shall set forth the reasons why the depositions should be taken, the name and post office address with zip code of the witness, and the time and place proposed for the taking of the deposition. The Board, any of its members or hearing examiner, as the case may be, may, upon the application, issue an order allowing the taking of the deposition. The order shall be served on the parties. The deposition may be taken before an officer authorized to administer oaths by the laws of the Commonwealth or of the United States or of the place where the examination is held, including an agent of the Board authorized to administer oaths.

(c) During the depositions, objections to questions or evidence shall be deemed waived unless made at the examination of the witness. The officer may not rule upon objections but shall note them on the deposition. The testimony shall be subscribed by the witness in the presence of the officer who shall attach his certificate stating that the witness was sworn or affirmed by him, that the deposition is a true record of the testimony and exhibits given by the witness, and that the officer is not of counsel or attorney to any of the parties nor interested in the outcome of the proceeding or investigation. If the deposition is not signed by the witness because he is ill, dead, cannot be found or refuses to sign it, that fact shall be included in the certificate of the officer and the deposition may then be used as fully as though signed. The officer shall immediately deliver an original and a copy of the transcript, together with his certificate, in person or by United States mail to the Board, its members or hearing examiner, as the case may be. The hearing examiner shall rule upon the admissibility of the deposition or any part of the deposition.

(d) Errors or irregularities in compliance with this section shall be deemed waived unless a motion to suppress the deposition or some part of it is made with reasonable promptness after the defect is ascertained or, with due diligence, might have been ascertained.

(e) Subsection (a) supersedes 1 Pa. Code § § 35.137 and 35.145 (relating to oral examination; and depositions); subsection (b) supersedes 1 Pa. Code § § 35.146 and 35.147 (relating to notice and application; and authorization of taking deposition); subsection (c) supersedes 1 Pa. Code § 35.150 (relating to scope and conduct of examination).

The provisions of this § 95.94 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended April 4, 1980, effective April 5, 1980, effective only for hearings conducted after April 5, 1980, 10 Pa.B. 1435. Immediately preceding text appears at serial page (9400).

This section cited in 34 Pa. Code § 93.31 (relating to hearings).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.95 Witnesses and subpoenas.

(a) Witness and mileage fees shall be paid by the party at whose instance the witnesses are called, which fees shall be the same as those paid in the courts of the Commonwealth. Subpoenas shall be issued and enforced in accordance with the act.

(b) Subsection (a) supersedes the provisions of 1 Pa. Code § 35.139 (relating to fees of witnesses) and supplements 1 Pa. Code § 35.142 (relating to subpoenas).

The provisions of this § 95.95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended April 4, 1980, effective April 5, 1980, effective only for hearings conducted after April 5, 1980, 10 Pa.B. 1435. Immediately preceding text appears at serial page (9400).

This section cited in 34 Pa. Code § 93.31 (relating to hearings).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.96 Exceptions.

(a) No exceptions may be filed to orders directing elections issued by the Board Representative under § 95.91(k)(2) (relating to hearings), orders directing the canvassing of challenged ballots, final orders or procedural orders of the Board or its designated agents.

(b) When an election has been held, the Board Representative will issue a nisi decision and order stating findings on the conduct and results of the election and will certify the representative that has been designated, certify the results of the election or issue another appropriate order as the facts of the case may warrant.

The provisions of this § 95.96 issued under section 4(b) of the Pennsylvania Labor Relations Act (43 P. S. § 211.4(b)); and the Public Employe Relations Act (43 P. S. § § 1101.101—1101.2301).

The provisions of this § 95.96 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended April 4, 1980, effective April 5, 1980, effective only for hearings conducted after April 5, 1980, 10 Pa.B. 1435; amended August 20, 1982, effective August 21, 1982, 12 Pa.B. 2788. Immediately preceding text appears at serial page (50259).

This section cited in 34 Pa. Code § 93.31 (relating to hearings); and 34 Pa. Code § 95.98 (relating to decisions of the Board).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.97 Motions for withdrawal.

(a) Motions for withdrawal of charges or petitions made before or after hearing and based upon settlements between employers, employes or their respective representatives, will not be considered unless filed with the Secretary of the Board in writing or otherwise of record; and, if requested by the Secretary of the Board, the reasons for withdrawal shall be stated.

(b) Motions for withdrawal of charges or petitions may be made orally during the progress of a hearing. The reasons for withdrawal, if requested by the hearing examiner, shall be stated on the record. The decision on the motions will be reserved for the Secretary of the Board.

(d) Subsections (a)—(c) supersede 1 Pa. Code § 35.51 (relating to withdrawal of pleadings).

The provisions of this § 95.97 issued under section 4(b) of the Pennsylvania Labor Relations Act (43 P.S. § 211.4(b)); and the Public Employe Relations Act (43 P.S. § § 1101.101—1101.2301).

The provisions of this § 95.97 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended April 4, 1980, effective April 5, 1980, effective only for hearings conducted after April 5, 1980, 10 Pa.B. 1435; amended August 20, 1982, effective August 21, 1982, 12 Pa.B. 2788. Immediately preceding text appears at serial page (50260).

Dismissal Appropriate

Issues not properly raised in Exceptions to the Board were not properly before the Court for review and were dismissed. Teamsters Local Union 77 v. Labor Relations Board, 492 A.2d 782 (Pa. Cmwlth. 1985).

This section cited in 34 Pa. Code § 93.31 (relating to hearings).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.98 Decisions of the Board.

(a) Exceptions to a hearing examiner decision. Filing of statements of exceptions to a hearing examiner decision will be as follows:

(1) A party may file with the Board within 20-calendar days of the date of issuance with the Board an original of a statement of exceptions and a supporting brief to a proposed decision issued under § 95.91(k)(1) (relating to hearings) or a nisi order issued under § 95.96(b) (relating to exceptions) certifying a representative or the results of an election. Exceptions will be deemed filed in accordance with § 93.12 (relating to service and filing of papers) or § 95.42 (relating to filing of papers), or on the date deposited in the United States mail, as shown on a United States Postal Form 3817 Certificate of Mailing enclosed with the statement of exceptions. The statement of exceptions shall:

(i) State the specific issues of procedure, fact or law, or other portion of the proposed decision to which each exception is taken.

(ii) Identify the page or part of the decision to which each exception is taken.

(iii) Where possible, designate by page citation or exhibit number the portions of the record relied upon for each exception.

(iv) State the grounds for each exception.

(2) No reference may be made in the statement of exceptions to any matter not contained in the record of the case.

(3) An exception not specifically raised shall be waived.

(4) The party shall, concurrent with its filing of the statement of exceptions and supporting brief, serve a copy of the same upon each party to the proceeding. Proof of service shall be filed with the Board.

(b) Failure to file exceptions. When no exceptions are filed to a proposed decision, it will become final upon the expiration of 20-calendar days from the date of issuance.

(c) Response to exceptions. Within 20-calendar days following the date of receipt of the statement of exceptions and supporting brief, a party may file a response to the statement of exceptions and a supporting brief with the Board. Copies of these documents shall be served concurrently on each party, and proof of service shall be filed with the Board.

(d) Review on Board’s own motion. The Board may, on its own motion, decide to review the proposed decision within 20-calendar days following the date of issuance of the decision. Notice of the Board’s review will be entered on the docket; notice of the Board’s review will be served on parties of record; and an opportunity to present briefs will be provided to all parties.

(e) Oral argument on exceptions. A party desiring to argue orally before the Board regarding exceptions to a decision shall file with the statement of exceptions or the response to the statement of exceptions a written request stating the reasons for the request. Upon the request or its own motion the Board may direct oral argument.

(f) Decision of the Board. The Board may do any of the following:

(1) Issue a final order adopting, modifying or reversing the prior decision.

(2) Reopen the record for the taking of further testimony and evidence.

(3) Take other action it deems proper.

(g) Reconsideration of Board decisions. Decisions of the Board will be reconsidered under the following circumstances:

(1) A motion for reconsideration need not be filed to exhaust administrative remedies.

(2) A party to a decision of the Board may, because of extraordinary circumstances, file a request to reconsider the decision with the Board within 7-calendar days following the date of service of the decision. The party shall state with specificity the grounds claimed and, where applicable, shall specify the page of the record relied upon. A copy of the request shall have been actually served upon each party of record prior to filing the request, and a statement of the service shall accompany the request. A party shall have 5-calendar days from actual service to file a response with the Board. ‘‘Actual service,’’ as used in this paragraph, means actual receipt by the party or his agent. The filing of a request for reconsideration will not operate to stay the effectiveness of a decision of the Board unless otherwise ordered by the Board.

(h) Subsection (a) supersedes 1 Pa. Code § § 35.211 and 35.212 (relating to procedure to except to proposed report; and content and form of briefs on exceptions); subsection (b) supersedes 1 Pa. Code § 35.213 (relating to effect of failure to except to proposed report); subsections (c) and (e) supersede 1 Pa. Code § 35.214 (relating to oral argument on exceptions); and subsection (g) supersedes 1 Pa. Code § 35.241 (relating to application for rehearing or reconsideration).

The provisions of this § 95.98 issued under section 4(b) of the Pennsylvania Labor Relations Act (43 P.S. § 211.4(b)); and the Public Employe Relations Act (43 P.S. § § 1101.101—1101.2301); amended under section 4(f) of the Pennsylvania Labor Relations Act (43 P.S. § 211.4(f)); and section 502 of the Public Employe Relations Act (43 P.S. § 1101.502).

The provisions of this § 95.98 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended June 21, 1974, effective June 22, 1974, 4 Pa.B. 1282; amended April 4, 1980, effective April 5, 1980, effective only for hearings conducted after April 5, 1980, 10 Pa.B. 1435; amended August 20, 1982, effective August 21, 1982, 12 Pa.B. 2788; amended February 7, 2020, effective February 8, 2020, 50 Pa.B. 792. Immediately preceding text appears at serial pages (222299) to (222300) and (337179) to (337180).

Failure to File Exceptions

Where union failed to except to hearing examiner’s credibility determination that reduced Federal funding rather than improper motivation was basis for elimination of dispatcher position, union effectively waived any argument that elimination of position was retaliatory. Amalgamated Transit Union Local 168 v. County of Lackawanna Transit System Authority 29 PPER (LRP) P29,036 (1998).

The borough asserted that it did not commit an unfair labor practice by not proceeding to interest arbitration because it exercised its legislative power to abolish its police department and subcontract its police services. This issue, however, was not raised in the borough’s exceptions to the hearing examiner’s proposed decision and therefore, it was waived. Geistown Borough v. Labor Relations Board, 679 A.2d 1330 (Pa. Cmwlth. 1996); appeal denied 692 A.2d 568 (Pa. 1997).

The failure to take exception to a proposed decision by a Labor Relations Board examiner caused the order to become final upon the expiration of 20 days from its issuance. Donatucci v. Labor Relations Board, 547 A.2d 857 (Pa. Cmwlth. 1988).

Failure to seek reopening of the record before the Board, as permitted by 34 Pa. Code § 95.98(f)(2), acts as a waiver of the issue or reopening the record upon appeal of the adjudication to the court. County of Lawrence v. Labor Relations Board, 469 A.2d 1145 (Pa. Cmwlth. 1983).

An issue not of record may not be raised for the first time in exceptions to a Board’s nisi certification order under subsection (a)(2). Intermediate Unit No. 22 v. Labor Relations Board, 466 A.2d 262 (Pa. Cmwlth. 1983).

Filing Time

In the absence of a postal service cancellation stamp or other independent means of verifying the timeliness of the exceptions received in a mailing envelope bearing a private postal meter stamp, the exceptions were deemed filed on the date they were received in the Labor Relations Board’s office, 2 days beyond the filing deadline. Fraternal Order of Police, Lodge No. 5 v. City of Philadelphia, 31 PPER (LRP) P31,036 (2000).

The Pennsylvania Labor Relations Board has accepted, in the absence of U. S. Postal Form 3817, a timely postmark of exceptions within the 20-day period for the filing of exceptions; where the proposed decision and order was dated and mailed to the parties on June 25, the last day for the timely filing of exceptions was July 15, 1998, and exceptions postmarked on July 16, 1998, were not timely filed. Teamsters Union Local 776 v. Dauphin County, 29 PPER (LRP) P29,217 (September 15, 1998).

Specificity of Exceptions

Exceptions which challenged all sixty-three findings of fact made by the hearing examiner and, at least as to certain of those challenged findings, provide alternate findings and reiterated the complainants’ legal analysis of its proffered findings in challenging the hearing examiner’s conclusion were sufficiently specific to allow for meaningful review and were not dismissed for lack of specificity. Halfhill, et al. v. Private Industry Council of Westmoreland/Fayette, Inc., et al., 29 PPER (LRP) P29,004, 1997.

This section cited in 34 Pa. Code § 93.31 (relating to hearings).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.100 Computation of time.

(a) When a period of time is referred to in the act or in a rule or order, the period in all cases will be so computed as to exclude the first and include the last day of the period.

(b) Whenever the last day of a period falls on a Saturday or Sunday or on a day made a legal holiday by the laws of the Commonwealth or of the United States, the day will be omitted from the computation.

(c) For purposes of computation of time under sections 301(18) and 605(7)(ii) of the act (43 P. S. § § 1101.301(18) and 1101.605(7)(ii)), time will be computed backward from the date of expiration of the collective bargaining agreement.

The provisions of this § 95.100 issued under section 4(b) of the Pennsylvania Labor Relations Act (43 P.S. § 211.4(b)); and the Public Employe Relations Act (43 P.S. § § 1101.101—1101.2301).

The provisions of this § 95.100 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; reserved April 4, 1980, effective April 5, 1980, 10 Pa.B. 1435; amended August 20, 1982, effective August 21, 1982, 12 Pa.B. 2788. Immediately preceding text appears at serial page (20037).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.111 Political contributions.

An employe organization which has made contributions out of funds of the employe organization either directly or indirectly to a political party or organization or in support of a political candidate for public office shall file a report with the Board which shall contain the following:

(1) A statement describing the dates, places of occurrence, amounts and beneficiaries of the contributions.

(2) The signatures of the president and treasurer or corresponding principals of the employe organization.

The provisions of this § 95.111 adopted May 16, 1975, effective May 17, 1975, 5 Pa.B. 1301.

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

34 Pa. Code § 95.112 Illegal contributions.

(Editor’s Note: This regulation has been held invalid. Trometter v. Pennsylvania Labor Relations Board, 147 A.3d 601 (Pa. Cmwlth. 2016).)

(a) An individual who has knowledge of a political contribution or other activity by an employe organization thought to be in violation of section 1701 of the act (43 P. S. § 1101.1701) may file a report with the Board. The report shall be signed and sworn to before any person authorized to administer oaths.

(b) The report shall contain the following information:

(1) The name, address, telephone number and affiliation, if any, of the charging party.

(2) A clear and concise statement of the facts constituting the alleged illegal contribution, including the names of the individuals involved, the name of the employe organization, and the time, place of occurrence and nature of each particular contribution or act alleged.

(c) Upon receipt of the report, if it appears to the Board that an investigation in respect to the charge should be instituted, the Board shall refer the report to the Attorney General of the Commonwealth for proceedings under applicable statutes.

The provisions of this § 95.112 adopted May 16, 1975, effective May 17, 1975, 5 Pa.B. 1301.

This section authorizes the Labor Relations Board to delegate its duties under section 1701 of the Public Employe Relations Act (43 P.S. § 1101.1701) to the Attorney General, it cannot be harmonized with the General Assembly’s intent and, therefore, is invalid. Trometter v. Pennsylvania Labor Relations Board, 147 A.3d 601 (Pa. Cmwlth. 2016).

History

Authority: The provisions of this Chapter 95 issued under section 502 of the Public Employe Relations Act (43 P.
Source: The provisions of this Chapter 95 adopted October 23, 1970, effective October 24, 1970, 1 Pa.

Part VIII Bureau of Workers’ Compensation

Chapter 121 General Provisions

34 Pa. Code § 121.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Workers’ Compensation Act (77 P.S. § § 1—1041.4 and 2501—2506). Agreement—For purposes of this chapter, an agreement is limited to any of the following:

(i) Agreement for Compensation for Disability or Permanent Injury, Form LIBC-336.

(ii) Supplemental Agreement for Compensation for Disability or Permanent Injury, Form LIBC-337.

(iii) Agreement for Compensation for Death, Form LIBC-338.

(iv) Supplemental Agreement for Compensation for Death, Form LIBC-339. Approved rating organization—One or more organizations situated within this Commonwealth, subject to supervision and to examination by the Insurance Commissioner and approved by the Insurance Commissioner as adequately equipped to perform the functions specified in Article VII of the act (77 P.S. § § 1035.1—1035.22) on an equitable and impartial basis. Board—The Workers’ Compensation Appeal Board. Bureau—The Bureau of Workers’ Compensation of the Department. Claimant—An individual who files a petition for, or otherwise receives, benefits under the act or the Disease Law. Department—The Department of Labor and Industry of the Commonwealth. Disease Law—The Occupational Disease Act (77 P.S. § § 1201—1603). Earned premium—A direct premium earned as required to be reported to the Insurance Department on Special Schedule ‘‘W,’’ under section 655 of The Insurance Company Law of 1921 (40 P.S. § 815). For the purposes of this chapter, direct premium earned may not include:

(i) The effects of premium credits granted under deductible elections by insured employer.

(ii) Premiums not attributable to coverage under the act or the Disease Law.

(iii) Premiums attributable to excess policies written for specified retentions on self-insured employers. Employer—As defined in section 401 of the act (77 P.S. § 701), including the insurer and a self-insured employer. First report of injury—A filing made with the Bureau under section 438 of the act (77 P.S. § 994). Insurance carrier—An entity or group of affiliated entities subject to The Insurance Company Law of 1921 (40 P.S. § § 341—477d), including the State Workers’ Insurance Fund, but not including self-insured employers or runoff self-insurers, with which an employer has insured its liability under section 305 of the act (77 P.S. § 501). Insured employer—An employer which has chosen to insure its workers’ compensation liabilities through a workers’ compensation insurance carrier licensed to do so in this Commonwealth, including the State Workers’ Insurance Fund. Insurer—

(i) A workers’ compensation insurance carrier which is licensed to insure workers’ compensation liabilities in this Commonwealth and acts in this capacity on behalf of insured employers.

(ii) The term includes a self-insured employer and a runoff self-insurer. Runoff self-insurer—An employer that had been a self-insurer but no longer maintains a current permit to self-insure under section 305 of the act (77 P.S. § 501). Self-insured employer—

(i) An employer which has been granted the privilege to self-insure its liability under the act.

(ii) The term includes a parent company or affiliate which has assumed a subsidiary’s or an affiliate’s liability upon the termination of the parent-subsidiary or affiliate relationship, and a runoff self-insurer. Special funds—Funds maintained under sections 306.2, 443 and 446 of the act (77 P.S. § § 517, 999 and 1000.2).

The provisions of this § 121.1 amended under section 2218 of The Administrative Code of 1929 (71 P.S. § 578).

The provisions of this § 121.1 amended May 14, 1999, effective May 15, 1999, 29 Pa.B. 2649; amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial pages (294658) and (324967).

Insured Employer

Employer met its obligation to provide payment for claimant’s medical treatment by contracting with insurance company to assume direct responsibility for payment of claimant’s medical bills. Insurer was placed into liquidation and responsibility for paying workers’ compensation passed to the Workers’ Compensation Security Fund. Therefore, employer could not be assessed a penalty for Security Fund’s failure to pay medical bills in a timely manner because there was nothing to suggest that the delayed payment was attributable to employer. Constructo Temps v. Workers’ Compensation Appeal Board (Tennant), 907 A.2d 52, 59, 60 (Pa. Cmwlth. 2006).

Medical Benefits

Neither the private insurer defendants nor the school district defendants are State actors primarily because the decision to cease paying medical benefits is entirely up to the insurer acting independent of any State involvement whatsoever. The States takes no substantive step to promote, support or encourage the decision of the insurer, and after the decision is made, the State takes no action which influences the ultimate substantive determination as to whether benefits are payable or not. The State does not significantly assist private actors when it merely provides a remedy, albeit complete with authorized forms and regulations. The State’s acceptance and routing of forms completed in accordance with its instructions, in essence, involves acquiescence and not compulsion on the part of the State. Sullivan v. Barnett, 913 F. Supp. 895 (1996); reversed 139 F.2d 158 (3rd Cir. 1998); reversed 526 U. S. 40 (1999).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.3 Filing of forms.

(a) Forms must be in the format prescribed by the Bureau. All references to forms mean paper forms or an electronic format prescribed by the Bureau.

(b) The Bureau may return forms that are not properly completed or filed. If a form is returned, the Bureau will notify the submitting party as to the reason the form was returned. For a form returned for the first time, the Bureau will preserve the filing date if the submitting party files a corrected version of the form within 14 days of the written notice of the return of the form.

(c) The filing date is the date indicated on the United States Postal Service postmark or postal receipt. If the postmark or postal receipt is absent or unreadable, the filing date is the date of receipt by the Bureau. In all other instances, including electronic filing or hand-delivery, the filing date is the Bureau’s date of receipt.

The provisions of this § 121.3 amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial pages (324967) to (324968).

This section cited in 34 Pa. Code § 123.901 (relating to Workers’ Compensation Automation and Integration System).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.3a Computation of time.

Except as otherwise provided by law, in computing a period of time prescribed or allowed by this chapter, the day of the act, event or default after which the designated period of time begins to run may not be included. The last day of the period so computed shall be included, unless it is Saturday, Sunday or a legal holiday in this Commonwealth, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday nor a holiday. A part-day holiday shall be considered as other days and not as a holiday. Intermediate Saturdays, Sundays and holidays shall be included in the computation.

The provisions of this § 121.3a adopted August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181.

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.3b Providing workers’ compensation information.

(a) The workers’ compensation information specified in subsection (b) shall be provided to every employee at the time of hire and immediately after the injury, or as soon thereafter as possible under the circumstances of the injury. If the employee’s injuries are so severe that emergency care is required, the information shall be given as soon after the occurrence of the injury as is practicable.

(b) The information shall be entitled ‘‘Workers’ Compensation Information’’ and include the following:

(1) The workers’ compensation law provides wage loss and medical benefits to employees who cannot work, or who need medical care, because of a work-related injury.

(2) Benefits are required to be paid by your employer when self-insured, or through insurance provided by your employer. Your employer is required to post the name of the company responsible for paying workers’ compensation benefits at its primary place of business and at its sites of employment in a prominent and easily accessible place, including, without limitation, areas used for the treatment of injured employees or for the administration of first aid.

(3) You should report immediately any injury or work-related illness to your employer.

(4) Your benefits could be delayed or denied if you do not notify your employer immediately.

(5) If your claim is denied by your employer, you have the right to request a hearing before a workers’ compensation judge.

(6) The Bureau of Workers’ Compensation cannot provide legal advice. However, you may contact the Bureau of Workers’ Compensation for additional general information at: Bureau of Workers’ Compensation, 1171 South Cameron Street, Room 103, Harrisburg, Pennsylvania 17104-2501; telephone number within Pennsylvania (800) 482-2383; telephone number outside of this Commonwealth (717) 772-4447; TTY (800) 362-4228 (for hearing and speech impaired only); www.state.pa.us, PA Keyword: workers comp.

(c) The information specified in subsection (b) must be printed on paper no smaller than 8 1/2 x 11 inches and in font no smaller than 11 point.

The provisions of this § 121.3b adopted August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181.

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.5 Reporting injuries to the Bureau.

(a) The employer shall file a first report of injury as follows:

(1) Within 48 hours for every injury resulting in death.

(2) Within 7 days after the date disability begins for all other injuries covered by section 438 of the act (77 P. S. § 994).

(3) If there is no disability, a copy of the report should not be sent to the Department.

(b) The employer shall send a copy of the first report of injury to the employee simultaneously with filing it with the Bureau.

(c) A disability that requires a first report of injury is defined as an injury only resulting in death or disability continuing the entire day, shift or turn, or longer, in which the injury was received.

The provisions of this § 121.5 amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial page (324968).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.7 Notice of compensation payable.

(a) If an employer files a Notice of Compensation Payable, Form LIBC-495, the employer shall do all of the following simultaneously and no later than 21 days from the date the employer had notice or knowledge of the disability:

(1) Send the Notice of Compensation Payable, Form LIBC-495, to the employee or the employee’s dependent.

(2) Pay compensation to the employee or to the employee’s dependent.

(3) File the Notice of Compensation Payable, Form LIBC-495, with the Bureau.

(b) A Statement of Wages, Form LIBC-494A, or Statement of Wages, Form LIBC-494C, shall be filed with every Notice of Compensation Payable, Form LIBC-495, except a Statement of Wages, Form LIBC-494A, or Statement of Wages, Form LIBC-494C, may not be filed with either of the following:

(1) An estimated Notice of Compensation Payable, Form LIBC-495, filed under subsection (c).

(2) A Notice of Compensation Payable, Form LIBC-495, filed under subsection (e).

(c) The employer may file a Notice of Compensation Payable, Form LIBC-495, based upon the employee’s estimated wages if the employer has not obtained the wages necessary to properly calculate the employee’s compensation payable. The estimated Notice of Compensation Payable, Form LIBC-495, shall be clearly identified as ‘‘Estimated.’’

(d) If the estimated wages or compensation is not correct, the employer shall amend the estimated Notice of Compensation Payable, Form LIBC-495, upon receipt of the employee’s actual wages in one of the following ways:

(1) Amendments resulting in an increase in the employee’s wage or compensation shall be filed with the Bureau under § 121.12 (relating to Bureau review of agreements and notices of compensation payable), and shall be clearly identified as ‘‘Amended’’ and may have only the insurer’s signature.

(2) The employer shall file a Supplemental Agreement for Compensation for Disability or Permanent Injury, Form LIBC-337, under § 121.17 (relating to change in compensation) when there are changes resulting in a decrease in the employee’s wage or compensation.

(e) In medical only cases, when an employee’s injury has not resulted in lost time from work, an employer may file a Notice of Compensation Payable, Form LIBC-495.

The provisions of this § 121.7 amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately prececding text appears at serial page (255593).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.7a Notice of temporary compensation payable.

(a) If an employer files a Notice of Temporary Compensation Payable, Form LIBC-501, the employer shall do all of the following simultaneously and no later than 21 days from the date the employer had notice or knowledge of the disability:

(1) Send the Notice of Temporary Compensation Payable, Form LIBC-501, to the employee or the employee’s dependent.

(2) Pay compensation to the employee or to the employee’s dependent.

(3) File the Notice of Temporary Compensation Payable, Form LIBC-501, with the Bureau.

(b) A Statement of Wages, Form LIBC-494A or Statement of Wages, Form LIBC-494C, shall be filed with every Notice of Temporary Compensation Payable, Form LIBC-501, except a Statement of Wages, Form LIBC-494A or Statement of Wages, Form LIBC-494C, may not be filed with a Notice of Temporary Compensation Payable, Form LIBC-501, filed under subsection (d).

(c) To modify a Notice of Temporary Compensation Payable, Form LIBC-501, an employer shall file an amended Notice of Temporary Compensation Payable, Form LIBC-501, with the Bureau during the 90-day temporary compensation payable period. The amended Notice of Temporary Compensation Payable, Form LIBC-501, shall be clearly identified as ‘‘Amended’’ and may have only the insurer’s signature.

(1) A Statement of Wages, Form LIBC-494A, or Statement of Wages, Form LIBC-494C, shall be filed with every amended Notice of Temporary Compensation Payable, Form LIBC-501.

(2) This section does not apply upon conversion of the Notice of Temporary Compensation Payable, Form LIBC-501, to a Notice of Compensation Payable, Form LIBC-495.

(d) In medical only cases, when an employee’s injury has not resulted in lost time from work, an employer may file a Notice of Temporary Compensation Payable, Form LIBC-501.

The provisions of this § 121.7a adopted August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181.

This section cited in § 121.17 (relating to change in compensation).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.8 Agreements for compensation for disability or permanent injury.

(a) An Agreement for Compensation for Disability or Permanent Injury, Form LIBC-336, shall be completed before being signed by the employer and the employee. If the employer and the employee enter into an agreement, the employer shall do all of the following simultaneously and not later than 21 days from the date the employer had notice or knowledge of the disability:

(1) Send the fully-executed agreement to the employee.

(2) Pay compensation to the employee.

(3) File the agreement with the Bureau.

(b) A Statement of Wages, Form LIBC-494A, or Statement of Wages, Form LIBC-494C, shall be filed with every Agreement for Compensation for Disability or Permanent Injury, Form LIBC-336.

(c) If the employer has not obtained the wages necessary to properly calculate the employee’s compensation payable, an Agreement for Compensation for Disability or Permanent Injury, Form LIBC-336, based upon the employee’s estimated wages may be filed. The estimated Agreement for Compensation for Disability or Permanent Injury, Form LIBC-336, shall be clearly identified as ‘‘Estimated.’’

(d) If the estimated wages or compensation is not correct, the employer shall amend the estimated Agreement for Compensation for Disability or Permanent Injury, Form LIBC-336, upon receipt of the employee’s actual wages.

The provisions of this § 121.8 amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial page (255593).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.9 Agreements for compensation for death.

(a) If a compensable injury results in death, an Agreement for Compensation for Death, Form LIBC-338, shall be executed between an employer and the deceased’s dependents or personal representative and filed with the Bureau. An Agreement for Compensation for Death, Form LIBC-338, shall be completed before being signed by an employer and a deceased’s dependents or personal representative.

(b) A Statement of Wages, Form LIBC-494A, or Statement of Wages, Form LIBC-494C, shall be filed with every Agreement for Compensation for Death, Form LIBC-338.

(c) If death results from the injury, compensation payments to the dependents for the death benefit shall begin from the date of the employee’s death.

(d) If the employer has not obtained the wages necessary to properly calculate the employee’s compensation payable, an Agreement for Compensation for Death, Form LIBC-338, based on the employee’s estimated wages may be filed. The estimated Agreement for Compensation for Death, Form LIBC-338, shall be clearly identified as ‘‘Estimated.’’

(e) If the estimated wages or compensation is not correct, the employer shall amend the estimated Agreement for Compensation for Death, Form LIBC-338, upon receipt of the employee’s actual wages.

(1) Amendments resulting in an increase in the employee’s wage or dependent’s compensation shall be filed with the Bureau under § 121.12 (relating to Bureau review of agreements and notices of compensation payable), and shall be clearly identified as ‘‘Amended.’’

The provisions of this § 121.9 amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial page (255593).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.11 Supplemental agreements for compensation for death.

(a) A Supplemental Agreement for Compensation for Death, Form LIBC-339, may be used to change an Agreement for Compensation for Death, Form LIBC-338, or an award. A Supplemental Agreement for Compensation for Death, Form LIBC-339, shall be completed before being signed by an employer and a deceased’s dependents or personal representative.

(b) An Agreement for Compensation for Death, Form LIBC-338, shall be changed for any of the following reasons:

(1) Birth of a posthumous child.

(2) A change in dependent’s status, including death.

(3) A surviving spouse dies, remarries or becomes capable of self-support and any dependent children remain eligible for benefits.

(d) The completed Supplemental Agreement for Compensation for Death, Form LIBC-339, shall be sent to all of the deceased’s dependents or their personal representative and filed with the Bureau.

The provisions of this § 121.11 amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial page (255594).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.12 Bureau review of agreements and notices of compensation payable.

(a) Errors in computing wages shall be corrected by filing an amended version of the agreement or Notice of Compensation Payable, Form LIBC-495, with the Bureau if correction of errors would increase the employee’s wage or compensation.

(1) The amended agreement or Notice of Compensation Payable, Form LIBC-495, shall be clearly identified as ‘‘Amended.’’

(2) A Statement of Wages, Form LIBC-494A, or Statement of Wages, Form LIBC-494C, shall be filed with every amended agreement or Notice of Compensation Payable, Form LIBC-495.

(b) The employer shall file a Supplemental Agreement for Compensation for Disability or Permanent Injury, Form LIBC-337, under § 121.17 (relating to change in compensation) when there are changes resulting in a decrease in the employee’s wage or compensation.

The provisions of this § 121.12 amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial page (255594).

This section cited in 34 Pa. Code § 121.8 (relating to agreements for compensation for disability or permanent injury; and 34 Pa. Code § 121.9 (relating to agreements for compensation for death).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.13 Denial of compensation.

If compensation is controverted, a Notice of Workers’ Compensation Denial, Form LIBC-496, shall be sent to the employee or dependent and filed with the Bureau, fully stating the grounds upon which the right to compensation is controverted, within 21 days after notice or knowledge to the employer of the employee’s disability or death.

The provisions of this § 121.13 amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial pages (255594) and (305087).

Accrual

The employer’s notice of compensation denial was not merely 6 days late, but rather 21 days late, since the operative date is not the date written on the LIBC-496 form, but rather the date on which the employer sent the form to the claimant; a plain reading of this regulation indicates that an employer has not ‘‘submitted’’ a notice of compensation denial until it is mailed, or the employer has otherwise dispatched the LIBC-496 form to the claimant. Lemon v. Workers’ Compensation Appeal Board (Mercy Nursing Connections), 742 A.2d 223 (Pa. Cmwlth. 1999); appeal denied 753 A.2d 822 (Pa. 2000).

Estoppel

Where employer failed to file a Notice of Workmen’s Compensation Denial within 21 days after notice of the employe’s disability (as required by this section) and began making compensation payments, it was estopped to disavow its acceptance of liability. Mosgo v. Workmen’s Compensation Appeal Board (Tri-Area Beverage, Inc.), 480 A.2d 1285 (Pa. Cmwlth. 1984).

Reasonable Contest

Where the only evidence supporting employer’s claim of reasonable contest was testimony of doctor who examined claimant after hearings had begun and several months after the employer had denied compensation benefits, there was no basis to reverse Board’s determination that employer’s contest was not reasonable. Jones & Laughlin Steel Corp. v. Workmen’s Compensation Appeal Board (White), 500 A.2d 494 (Pa. Cmwlth. 1985).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.14 Weekly wage for occupational disease cases.

For cases involving occupational diseases under the act, the weekly wage will be determined in accordance with section 309 of the act (77 P. S. § 582), and a claimant’s compensation rate shall be subject to the maximum compensation payable rate in effect at the date of last exposure.

The provisions of this § 121.14 amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial page (305087).

Date of Exposure

For purposes of calculating benefits in occupational disease cases, the date of injury is the date of last exposure. Fisk v. Workmen’s Compensation Appeal Board (General Electric), 633 A.2d 1305 (Pa. Cmwlth. 1993).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.15 Compensation payable.

(a) In computing the time when the disability becomes compensable, the day the injured employee is unable to continue at work by reason of the injury shall be counted as the first day of disability in the 7 day waiting period. If the injured employee is paid full wages for the day, shift or turn on which the injury occurred, the following day shall be counted as the first day of disability. In determining the waiting period or time during which compensation is payable, each calendar day, including Sundays and holidays, shall be counted. In determining the period of disability, seven should be used as a divisor to determine the number, and any part, of the weeks.

(b) If death results from the injury, compensation payments to the dependents for death benefits shall begin from the date of the employee’s death.

(c) If death results more than 7 days after the injury, compensation payments covering the disability period should be paid as set forth in this chapter, and compensation payments because of death due to the injury shall start from the date of death.

(d) Compensation due to the date of death shall be paid to the nearest of kin, or in the absence of same, to the estate.

The provisions of this § 121.15 amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial pages (305087) to (305088).

Date of Fatal Injury

In modifying an award to the decedent’s dependent mother and sister, the court noted that 34 Pa. Code § 121.15 requires compensation to be paid from the date of the fatal injury. Broadwood Chuckwagon v. Workmen’s Compensation Appeal Board (Stovall), 459 A.2d 1355 (Pa. Cmwlth. 1983); appeal after remand 535 A.2d 272 (Pa. Cmwlth. 1987).

Injury

Occupational disease is included within the term injury. Jones & Laughlin Steel Corp. v. Workmen’s Compensation Appeal Board (West), 437 A.2d 771 (Pa. Cmwlth. 1981).

Modification of Benefits

For employer to prevail in seeking a modification of workers’ compensation benefits, employer must establish that (1) an offer was made to claimant that a specific job is available which the claimant is capable of performing, or (2) establish ‘‘earning power’’ through expert opinion evidence, including job listings with employment agencies and advertisements in claimant’s usual area of employment. Allied Products v. W.C.A.B. (Click), 823 A.2d 284, 287 (Pa.Cmwlth. 2003).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.16 Updating claims status.

(a) The following paragraphs apply to the Annual Claims Status Report, Form LIBC-774:

(1) The Bureau will provide the Annual Claims Status Report, Form LIBC-774, to an insurer each year before March 1.

(2) The insurer shall file a completed Annual Claims Status Report, Form LIBC-774, including any attachment required to support the data reported, to the Bureau each year before June 1.

(3) If an insurance carrier fails to file the completed report, the Bureau may recommend that the Insurance Commissioner revoke or suspend the insurance carrier’s license under section 441(a) of the act (77 P. S. § 997(a)).

(4) If a self-insured employer fails to timely file the completed report, the Secretary of the Department may revoke or suspend the self-insured employer’s privilege to carry its own risk under section 441(b) of the act.

(5) The Annual Claims Status Report must contain a list of all open claims which were initiated by the filing of a Bureau document other than a first report of injury, more than 3 calendar years before the calendar year in which the report is filed and on which no activity was reported to the Bureau during the calendar year immediately before the report year.

(6) Only open claims which were initiated with the Bureau during calendar year 2004 and thereafter may be listed in the Annual Claims Status Report.

(b) A Final Statement of Account of Compensation Paid, Form LIBC-392A, shall be filed with the Bureau immediately after the final payment of compensation.

The provisions of this § 121.16 amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial pages (305088) to (305089).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.17 Change in compensation.

(a) If an injured employee has recovered from an injury, or a deceased employee’s dependent or personal representative is no longer eligible to receive death benefits, an Agreement to Stop Weekly Workers’ Compensation Payments (Final Receipt), Form LIBC-340, may be executed by the parties. The executed agreement shall be filed with the Bureau.

(b) Termination, suspension, modification or other change in compensation may be accomplished by filing with the Bureau a Supplemental Agreement for Compensation for Disability or Permanent Injury, Form LIBC-337. A Supplemental Agreement for Compensation for Disability or Permanent Injury, Form LIBC-337, may be used to change an Agreement for Compensation for Disability or Permanent Injury, Form LIBC-336, a Supplemental Agreement for Compensation for Disability or Permanent Injury, Form LIBC-337, an Agreement for Compensation for Death, Form LIBC-338, a Notice of Compensation Payable, Form LIBC-495, or an award. A Supplemental Agreement for Compensation for Disability or Permanent Injury, Form LIBC-337, shall be completed before being signed by the employer and the employee. The completed Supplemental Agreement for Compensation for Disability or Permanent Injury, Form LIBC-337, shall be sent to the employee or his dependents and filed with the Bureau.

(c) A suspension or modification of compensation may be accomplished by the employer mailing a Notification of Suspension or Modification Pursuant to § § 413 (c) and (d), Form LIBC-751, to the Bureau and the employee. The wage calculation on the Notification of Suspension or Modification Pursuant to § § 413 (c) and (d), Form LIBC-751, shall be completed for a modification.

(d) If temporary payments made under § 121.7a (relating to notice of temporary compensation payable) are stopped, the employer shall file one of the following:

(1) A Notice Stopping Temporary Compensation, Form LIBC-502, and a Notice of Workers’ Compensation Denial, Form LIBC-496, within 5 days of the last payment and within the 90-day temporary compensation payable period.

(2) A Notice of Compensation Payable, Form LIBC-495.

(3) An Agreement for Compensation for Disability or Permanent Injury, Form LIBC-336.

(e) The employer may not file a Notification of Suspension or Modification Pursuant to § § 413 (c) and (d), Form LIBC-751, to stop temporary payments made under § 121.7a.

(f) If termination, suspension or modification of compensation cannot be achieved through subsection (a), (b), (c) or (d), the employer may file a Petition To: Terminate (stop payment of worker’s compensation), Terminate (based upon physician’s affidavit, a special supersedeas hearing to be scheduled), Modify or Suspend Compensation Benefits, Form LIBC-378.

The provisions of this § 121.17 amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial pages (305089) to (305090).

Criminal Conduct

Claimant’s criminal conduct which resulted in her termination from a modified-duty position shifted the burden to claimant to show a worsening of her medical condition to the point she no longer could have performed the modified-duty. Saint Luke’s Hospital v. W.C.A.B. (Ingle), 823 A.2d 277 (Pa.Cmwlth. 2003). Since claimant made no such showing, her petitiion for reinstatement of total disability benefits should have been denied. Id. at 283.

Discharge Unrelated to Work Injuries

Claimant not entitled to workers’ compensation benefits since he was discharged from his employment due to his involvement in a fatal vehicle accident, and not for reasons related to his work injuries. Hurst v. Workers’ Compensation Appeall Board (Preston Trucking Co.), 823 A.2d 1052, 1061 (Pa. Cmwlth. 2003).

Insurer’s Duty

An insurer has an affirmative duty to know that the requirements for a final receipt have been met in order for the receipt to be lawfully prepared and presented to the claimant. Where the insurer has no basis to conclude that a claimant is fully recovered—only that the claimant can return to work without restrictions—presentation to the claimant of a final receipt constitutes fraud sufficient to set aside the final receipt. Cooney v. Workers’ Compensation Appeal Board (St. Joseph’s Center), 776 A.2d 1046 (Pa. Cmwlth. 2001).

Meretricious Relationship

To establish basis for termination of workers’ compensation benefits on ground that widow or widower entered into meretricious relationship, employer must establish more than just cohabitation with another person; employer has burden of establishing, through direct evidence, existence of carnal relationship. Anthony v. W.C.A.B. (Anderson Box Co., Inc.), 823 A.2d 1046, 1050-51 (Pa. Cmwlth. 2003); appeal dismissed 854 A.2d 424 (Pa. 2004).

This section cited in 34 Pa. Code § 121.8 (relating to agreements for compensation for disability or permanent injury); 34 Pa. Code § 121.9 (relating to agreements for compensation for death); and 34 Pa. Code § 121.12 (relating to bureau review of agreements and notices of compensation payable).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.18 Subrogation.

(a) If an employee obtains a third-party recovery under section 319 of the act (77 P. S. § 671), a Third Party Settlement Agreement, Form LIBC-380, shall be executed by the parties.

(b) If credit is requested against future compensation payable, a Supplemental Agreement for Compensation for Disability or Permanent Injury, Form LIBC-337, may also be filed with the Bureau, including the amount and periodic method of pro rata reimbursement of attorney fees and expenses.

The provisions of this § 121.18 amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial pages (305090) to (305091).

Determination

Where there is no opportunity for the Fund to participate or be heard, an agreement of parties other than the Fund will not be a determination, but only an agreement on which to base a claim, under § 121.18. Bureau of Worker’s Compensation v. Workmen’s Compensation Appeal Board (Insurance Company of North America), 516 A.2d 1318 (Pa. Cmwlth. 1986).

Gross Method

It is well settled that the ‘‘gross method’’ and not the ‘‘net method’’ is the accepted means of calculating payments under employer’s subrogation interest. Mrkich v. Workers’ Compensation Appeal Board (Allegheny Youth and Children’s Services), 801 A.2d 668 (Pa. Cmwlth. 2002).

It is well settled that the ‘‘gross method’’ and not the ‘‘net method’’ is the accepted means of calculating payments under employer’s subrogation interest. Budd Co. v. Workers’ Compensation Appeal Board (Settembrini), 798 A.2d 866 (Pa. Cmwlth. 2002).

Party

The Department of Labor and Industry cannot be deemed to be a party to an agreement to terminate proceedings before a referee or on notice of the agreement merely by complying with its regulations and therefore the Commonwealth is not bound by the determination or by the appeal time limit. Bureau of Worker’s Compensation v. Workmen’s Compensation Appeal Board (Insurance Company of North America), 516 A.2d 1318 (Pa. Cmwlth. 1986).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.20 Commutation of compensation under section 412 of the act (77 P. S. § 791).

Commutation under section 412 of the act (77 P. S. § 791) shall only be allowed for the final 52-week period or less. The commutation amount may not be paid in installments. A Commutation of Compensation, Form LIBC-498, shall be filed with the Bureau.

The provisions of this § 121.20 amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial page (305091).

Commutation Payments

It is a violation of Section 412 of the Pennsylvania Workmen’s Compensation Act and 34 Pa. Code § 121.20 to make commutation payments of more than 25 weeks without Department approval and the case would be remanded to the Board for determination of the question of the penalty since the Board could have imposed a penalty if it had been proceeding on the basis that there was a violation as a matter of law. Department of Labor and Industry v. Workmen’s Compensation Appeal Board (Taylor Lock Co.), 410 A.2d 1325 (Pa. Cmwlth. 1980).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.21 Reimbursements for silicosis, anthraco-silicosis or coal workers’ pneumoconiosis.

(a) Claims for compensation for silicosis, anthraco-silicosis or coal workers’ pneumoconiosis as defined in section 108(q) of the act (77 P. S. § 27.1(q)), for disability or death, when the date of disability commences or death occurs between July 1, 1973, and June 30, 1976, inclusive, and when the liable employer is seeking to offset part of its liability under section 305.1 of the act (77 P. S. § 411.1), shall be instituted by filing a Claim Petition for Workers’ Compensation, Form LIBC-362, with the Bureau.

(b) Unless stayed by a supersedeas on appeal, following the issuance of an award by the workers’ compensation judge, the Board or the appellate court, compensation payments for silicosis, anthracosilicosis or coal workers’ pneumoconiosis shall be made in full by the insurer. If the insurer seeks reimbursement from the Bureau under section 305.1 of the act, it shall submit the following to the Bureau:

(1) A notarized statement, signed by an officer of the company, containing an itemized list of payments made to all claimants for quarterly reimbursement. Each itemized entry must contain the claimant’s name, address, Social Security number and the total amount paid to the claimant. Each itemized list shall be made for a full and exact calendar quarter: that is, January 1 through March 31; April 1 through June 30; July 1 through September 30; or October 1 through December 31. Each list must have two categories: recurring quarterly reimbursement and initial payment made to each claimant, which payment should include the current reimbursable quarter. Each list submitted must be in roster form and in numerical order according to the claimant’s Social Security number, contain the claimant’s name and Social Security number, cover the amount to be reimbursed and the total amount paid to the claimant, and be reported to the Bureau.

(2) Each bill containing the itemized entries shall be submitted to the Bureau no later than the 15th day of the month following the end of the calendar quarter for which reimbursement is sought. A bill received after that date will not be considered for payment until the end of the following quarter.

(c) For auditing purposes, an insurer shall keep records for 3 years from the date of each payment made under this section. The records shall be made available for inspection by the Bureau during normal business hours.

(d) If the Bureau believes that the insurer primarily liable for compensation under the act has failed to make a payment under the act and this section, the Bureau may pay compensation directly to the claimant, for the portion of the compensation which is payable by the Commonwealth under section 305.1 of the act until the insurer resumes payment of compensation. The Bureau is not required to initiate direct payments to a claimant when the insurer is making full payment of the compensation but is not seeking reimbursement under this section.

The provisions of this § 121.21 amended through November 4, 1977, 7 Pa.B. 3262; amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial pages (305091) to (305092) and (255599).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.22 Subsequent injury fund.

(a) Compensation for a subsequent injury, as defined in section 306.1 of the act (77 P. S. § 516) shall be paid as follows:

(1) The employer is responsible for payments due for specific loss under section 306(c) of the act (77 P. S. § 513).

(2) Upon expiration of the specific loss period, the Bureau will be responsible for additional compensation due for the duration of total disability. The fund established under section 306.2 of the act (77 P. S. § 517), from which these payments are to be made, shall be maintained as follows:

(i) Self-insured employers shall pay assessments in amounts determined by the following:

(ii) The amount expended from the Subsequent Injury Fund during the preceding calendar year, minus the total amount owed by all self-insured employers, as calculated under subparagraph (i), shall equal the aggregate amount to be collected by insurance carriers.

(b) Insurance carriers shall remit to the Bureau assessment amounts as follows:

(c) If the amount of earned premium as reported to the Insurance Department, by an insurance carrier, for the preceding calendar year is less than zero, the Bureau will calculate the assessment amount as though an earned premium amount of zero were reported to the Insurance Department.

(d) Insured employers shall remit assessment amounts through their insurance carriers, according to procedures defined by the approved rating organization and approved by the Insurance Commissioner.

(e) Self-insured employers and runoff self-insurers shall pay assessments directly to the Bureau.

(f) The claimant shall file a Claim Petition for Additional Compensation from the Subsequent Injury Fund Pursuant to Section 306.1 of the Workers’ Compensation Act, Form LIBC-375, as provided in section 315 of the act (77 P. S. § 602) or the claim will be forever barred.

The provisions of this § 121.22 amended under sections 2205 and 2218 of The Administrative Code of 1929 (71 P. S. § § 565 and 578); and sections 401.1 and 435(a) of the Pennsylvania Worker’s Compensation Act (71 P. S. § § 710 and 991(a)).

The provisions of this § 121.22 amended May 14, 1999, effective May 15, 1999, 29 Pa.B. 2649; amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial pages (255599) to (255600).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.23 Supersedeas fund.

(a) Annual assessments under section 443 of the act (77 P. S. § 999) shall be in amounts determined by the following:

(1) Self-insured employers shall pay assessments in amounts determined by the following:

(2) The amount of supersedeas payments made or accrued as payable during the preceding year, minus the total amount owed by all self-insured employers, as calculated under paragraph (1), shall equal the aggregate amount to be collected by insurance carriers.

(3) Insurance carriers shall remit to the Bureau assessment amounts as follows:

(b) If the amount of earned premium as reported to the Insurance Department, by an insurance carrier, for the preceding calendar year is less than zero, the Bureau will calculate the assessment amount as though an earned premium amount of zero were reported to the Insurance Department.

(c) Insured employers shall remit assessment amounts through their insurance carriers, according to procedures defined by the approved rating organization and approved by the Insurance Commissioner.

(d) Self-insured employers and runoff self-insurers shall pay assessments directly to the Bureau.

(e) Applications for reimbursement shall be filed directly with the Bureau on an Application for Supersedeas Fund Reimbursement, Form LIBC-662. Applications will be processed administratively to determine whether the parties can agree on the payment or amount of reimbursement. If the payment or amount of reimbursement cannot be agreed upon, the matter will be assigned to a workers’ compensation judge for a formal hearing and adjudication.

The provisions of this § 121.23 amended under section 2218 of The Administrative Code of 1929 (71 P. S. § 578).

The provisions of this § 121.23 amended October 31, 1975, 5 Pa.B. 2889; amended May 14, 1999, effective May 15, 1999, 29 Pa.B. 2649; amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial pages (325895) to (325896).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.25 Issuance of compensation payments.

Compensation payments shall be issued according to the following:

(1) Unless the claimant and the employer have executed an Authorization for Alternative Delivery of Compensation Payments, Form LIBC-10, or unless payment is otherwise ordered by a workers’ compensation judge, the Board or any court, a claimant’s payment for workers’ compensation or occupational disease compensation shall be mailed by first-class mail to the claimant’s last known address, and may not be made payable to, or delivered to, an attorney unless the attorney is the administrator or executor of the claimant’s estate, a court-appointed trustee, a court-appointed guardian or acting in some other fiduciary capacity.

(2) Notice of the first payment to a claimant shall be sent to counsel of record by the insurer or self-insured employer.

(3) If a workers’ compensation judge or the Board approves attorneys’ fees and costs, a payment for fees and costs, separate from a compensation payment, shall be made payable, and issued, to the claimant’s attorney.

(4) An employer may not require a claimant to appear at a specific place to receive compensation payments.

The provisions of this § 121.25 adopted October 25, 1974, effective October 26, 1974, 4 Pa.B. 2285; amended June 1, 1979, effective June 2, 1979, 9 Pa.B. 1757; amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial pages (325897) to (325898) and (255603).

This section cited in 34 Pa. Code § 121.31 (relating to timely delivery of workmen’s compensation checks).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.27 Orders to show cause.

(a) The Department may serve an order to show cause on a respondent for an alleged violation of the act or regulations contained in this part. The order to show cause will contain the particulars of the alleged violation and the procedures for filing an answer under subsection (b).

(b) A written answer to the order to show cause may be filed no later than 20 days after the date that the order to show cause is served on the respondent. The answer must admit or deny the allegations in the order to show cause and state respondent’s defense. General denials that are unsupported by specific facts will not comply with this section and may be deemed a basis for entry of a final order because the respondent has raised no issues requiring further proceedings. The facts in the order to show cause may be deemed admitted if a respondent fails to file a timely answer under this subsection.

(c) The Director of Adjudication will assign the order to show cause to a presiding officer who will schedule a hearing. The presiding officer will provide notice to the parties of the hearing date, time and place.

(d) The hearing will be conducted under this section and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) to the extent not specifically superseded in subsection (h). The presiding officer will not be bound by strict rules of evidence.

(e) Hearings will be stenographically recorded and the transcript of the proceedings will be part of the record.

(f) If the respondent fails to appear in person or by counsel at the scheduled hearing without adequate excuse, the presiding officer will decide the matter on the basis of the order to show cause and evidence presented.

(g) The Department has the burden to demonstrate, upon a preponderance of the evidence, that the respondent failed to comply with the act or regulations in this part.

(h) This section supersedes 1 Pa. Code § § 35.14, 35.37, 35.131, 35.201 and 35.221.

The provisions of this § 121.27 adopted April 25, 1975, 5 Pa.B. 979; amended July 3, 1980, effective July 5, 1980, 10 Pa.B. 2878; amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial pages (255604) to (255606) and (259559).

Exclusiveness

The procedures provided for in this 34 Pa. Code § 121.27(c) and (d) (relating to pre-petition terminations; violations of section 413(b) of the Workers’ Compensation Act) are the exclusive procedures to be followed in dealing with an alleged violation of Section 413(b) of the Workmen’s Compensation Act. Commonwealth v. Workmen’s Compensation Appeal Board (Moskal), 392 A.2d 906 (Pa. Cmwlth. 1978).

Timeliness

The Department of Labor and Industry is bound by the time requirements of 34 Pa. Code § 121.27 (relating to pre-petition terminations; violations of section 413(b) of the Workers’ Compensation Act) when it undertakes proceedings against an employer for alleged noncompliance with section 413 of the Workers’ Compensation Act. Commonwealth v. Workmen’s Compensation Appeal Board (Moskal), 392 A.2d 906 (Pa. Cmwlth. 1978).

This section cited in 34 Pa. Code § 125.19 (relating to additional powers of Bureau and orders to show cause).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.27a Bureau intervention and penalties.

(a) If the workers’ compensation judge determines that penalties resulting from an alleged violation of the act or regulations in this part may be imposed on a party under section 435 of the act (77 P. S. § 991), the workers’ compensation judge may notify the Bureau in writing within 20 days of the notice of the alleged violation.

(b) The workers’ compensation judge will include a description of the nature of the alleged violation in the notice and will provide the Bureau with an opportunity to participate in the proceeding as an intervening party. The workers’ compensation judge simultaneously will provide a copy of the notification to all parties.

(c) Within 20 days after receipt of the notice, the Bureau will notify the workers’ compensation judge and the parties of its decision to participate in the proceeding or to allow the proceeding to continue without intervention. If the Bureau fails to respond to the notification within 20 days, the Bureau will not have intervened. By not intervening before the workers’ compensation judge, the Bureau has not waived its right to intervene in a different forum or following additional notice from the workers’ compensation judge in the same proceeding.

(d) Nothing in this section may be construed to require the Bureau to intervene in any matter or to restrain a workers’ compensation judge from notifying the Bureau of a further alleged violation of the act or regulations in a case.

(e) This section supplements § § 131.121 and 131.122 (relating to penalty proceedings initiated by a party; and other penalty proceedings).

The provisions of this § 121.27a adopted August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181.

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.30 Section 306(h) payments (77 P.S. § 583).

(a) Under section 306(h) of the act (77 P. S. § 583), insurers shall submit a listing of all pre-August 31, 1993 cases on which compensation is still payable under sections 306(a), 306(23) or 307 of the act (77 P. S. § § 511, 513(23), 561, 562 and 542), in an amount less than $100 per week on January 1, 2007. This listing must contain the following particulars:

(1) Bureau code.

(2) Name of claimant.

(3) Social Security number.

(4) Claimant’s date of birth.

(5) Date of injury.

(6) Name of employer.

(7) Insurer claim number.

(8) Current weekly compensation rate.

(b) If the insurer seeks reimbursement from the Bureau under section 306(h) of the act, it shall submit the following to the Bureau on a quarterly basis: a notarized statement, signed by an officer of the company, containing an itemized list of payments made to all claimants, submitted no later than the 10th day of the month following the quarter for which advance reimbursement payments have been made. Each itemized entry must contain the following information: the claimant’s name, Social Security number and the total amount paid each claimant per quarter.

(c) Changes in a payment schedule to an individual shall be reported to the Bureau within 10 days of the change. The Bureau will take credit in the following reimbursable quarter for an overpayment caused by change in a payment schedule.

(d) For auditing purposes, every insurer shall keep records for 3 years from the date of each payment made under this section. The records will be made available for inspection by the Bureau during normal business hours.

(e) If the Bureau believes that the insurer primarily liable for compensation under the act has failed to make a payment under the act and this section, the Bureau may pay compensation directly to the claimant, for the portion of the compensation which is payable by the Commonwealth under section 306(h) of the act until the insurer resumes payment of compensation. The Bureau is not required to initiate direct payments to a claimant when the insurer is making full payment of the compensation but is not seeking reimbursement under this section.

The provisions of this § 121.30 amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial page (259560).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.31 Workmen’s Compensation Administration Fund.

(a) Annual assessments on self-insured employers, under section 446(b) of the act (77 P. S. § 1000.2(b)), shall be in amounts determined by the following:

(b) The approved budget of the Workmen’s Compensation Administration Fund for the current fiscal year, minus the total amount owed by all self-insured employers, as calculated under subsection (a), shall equal the aggregate amount to be collected by insurance carriers.

(d) If the amount of earned premium as reported to the Insurance Department, by an insurance carrier, for the preceding calendar year is less than zero, the Bureau will calculate the assessment amount as though an earned premium amount of zero were reported to the Insurance Department.

(e) Insured employers shall remit assessment amounts through their insurance carriers, according to procedures defined by the approved rating organization and approved by the Insurance Commissioner.

(f) Self-insured employers and runoff self-insurers shall pay assessments directly to the Bureau.

The provisions of this § 121.31 issued under section 2218 of The Administrative Code of 1929 (71 P. S. § 578).

The provisions of this § 121.31 adopted May 14, 1999, effective May 15, 1999, 29 Pa.B. 2649; amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial pages (259560) and (255609).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.32 Office of Small Business Advocate.

(a) The Bureau may collect annual assessments imposed on insurance carriers, but not on self-insured employers or runoff self-insurers, for the purpose of funding the Office of Small Business Advocate in accordance with section 1303 of the act (77 P. S. § 1041.3). Insurance carriers shall be directly liable to the Bureau for prompt payment of assessments for the Office of Small Business Advocate, as provided in the act and this chapter.

(b) Annual assessments under section 1303 of the act shall be in amounts as determined by the following formula:

The provisions of this § 121.32 issued under section 2218 of The Administrative Code of 1929 (71 P. S. § 578).

The provisions of this § 121.32 adopted May 14, 1999, effective May 15, 1999, 29 Pa.B. 2649; amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial pages (255609) to (255610).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.33 Collection of special funds assessments.

(a) The Bureau will collect assessments for the special funds by calculating the total amount of the following:

(1) What each self-insured employer is liable for paying to the Bureau.

(2) What each insurance carrier is responsible for collecting from insured employers and remitting to the Bureau.

(b) Assessments for the special funds will be imposed, collected and remitted as follows:

(1) The Bureau will transmit to each insurance carrier and self-insured employer a notice of assessment amount to be collected, which will specify the amount calculated under subsection (a) and the date on which the amount is due.

(2) Each self-insured employer shall timely remit to the Bureau the amount calculated under subsection (a)(1).

(3) Each insurance carrier shall collect payment for assessments from insured employers according to the procedures defined by the approved rating organization and approved by the Insurance Commissioner and timely remit payment to the Bureau.

(4) The failure of an insurance carrier to receive payment from an insured employer does not limit an insurance carrier’s responsibility to collect and timely remit to the Bureau the total amount calculated under subsection (a)(2).

The provisions of this § 121.33 issued under section 2218 of The Administrative Code of 1929 (71 P. S. § 578).

The provisions of this § 121.33 adopted May 14, 1999, effective May 15, 1999, 29 Pa.B. 2649; amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial pages (255610) to (255611).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.34 Objections to assessments.

(a) A party receiving a notice of assessment amount to be collected from the Bureau may, within 15 days of receipt, object to the assessment reflected in the notice on the basis that it is excessive, erroneous, unlawful or invalid. Insured employers retain all rights provided under section 717 of the act (77 P. S. § 1035.17).

(b) Objections must be set forth in numbered paragraphs, specifically state the facts necessary to determine the validity of the challenged assessment or assessment amount and be accompanied by a supporting memorandum documenting the legal grounds for the objections.

(c) An objection to assessment or assessment amount shall be accompanied by a proof of service as specified in 1 Pa. Code § 33.35 (relating to proof of service) and a notice of appearance as specified in 1 Pa. Code § 31.24 (relating to notice of appearance), and be served on all interested parties as specified in 1 Pa. Code § 33.32 (relating to service by a participant).

(d) An objection not conforming to this section or the act will be rejected by the Bureau. The Bureau will notify the objecting party of the specific reasons for the rejection. The objecting party shall have 30 days to cure any deficiency.

(e) Upon receipt of an objection which conforms to this section and the act, the Department will hold a hearing in accordance with 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure). After the hearing, the Department will record its findings on any objections and will transmit to the objector, by registered or certified mail, notice of the amount, if any, charged against it in accordance with the findings. The amount shall be paid by the objector within 10 days after receipt of the findings. After payment has been made, the objector may initiate an action in the appropriate court to recover the payment of the assessment or any portion thereof. An insurer may not maintain an action to recover payment unless it has previously objected under subsection (a).

The provisions of this § 121.34 issued under section 2218 of The Administrative Code of 1929 (71 P. S. § 578).

The provisions of this § 121.34 adopted May 14, 1999, effective May 15, 1999, 29 Pa.B. 2649; amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial page (255611).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

34 Pa. Code § 121.35 Annual reports of compensation paid.

Every annual report of compensation paid made by an insurer under sections 445 and 446(e) of the act (77 P. S. § § 1000.1 and 1000.2(e)) must include amounts paid by an insurer for which policyholders have agreed to reimburse the insurer under deductible policies issued under section 448 of the act (77 P. S. § 1000.4).

The provisions of this § 121.35 issued under section 2218 of The Administrative Code of 1929 (71 P. S. § 578); amended under sections 401.1 and 435(a) of the Workers’ Compensation Act (77 P. S. § § 710 and 991(a); and section 2205 of The Administrative Code of 1929 (71 P. S. § 565).

The provisions of this § 121.35 adopted May 14, 1999, effective May 15, 1999, 29 Pa.B. 2649; amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial page (255612).

History

Authority: The provisions of this Chapter 121 amended under sections 401.
Source: The provisions of this § 121.

Chapter 126 Health Care Under the Workers’ Compensation Act—Statement of Policy

34 Pa. Code § 126.1 Medical fee updates.

When submitting data under § 127.155(c) (relating to medical fee updates on and after January 1, 1995—outpatient acute care providers, specialty hospitals and other cost-reimbursed providers), all codes submitted to the Bureau of Workers’ Compensation shall be based upon the appropriate International Classification of Disease (ICD), Current Procedural Terminology (CPT) or Healthcare Common Procedure Coding System (HCPCS) code. If these codes are not available, providers shall submit data in a form mandated by the United States Department of Health and Human Services as published in 45 CFR Parts 160 and 162 (2000) (relating to general administrative requirements; and requirements), as amended. Providers submitting this data may append an appropriate modifier to the code to account for interfacility distinctions in treatment or billing procedures.

History

Source: The provisions of this § 126.

Chapter 130 Occupational Disease Under the Workers’ Compensation Act—Statement of Policy

34 Pa. Code § 130.1 Guidelines for employment screening programs under Act 115 of 2001.

(a) Hepatitis C is a blood-borne virus that attacks the liver. Since its identification in 1989, the virus has become the leading cause of liver transplants in the United States and is responsible for 8,000 to 10,000 deaths per year. Nearly 4 million Americans are currently infected to date. The number of infected Americans is expected to triple within the next 10 to 20 years, according to the National Institute of Health. Emergency medical and public safety employees have been identified as a group with a higher risk of exposure to the virus because of the nature of their employment.

(b) On December 20, 2001, Governor Mark Schweiker signed into law Act 115 of 2001, which amends section 108 of the Workers’ Compensation Act (77 P. S. § 27.1) (act) to create a presumption that Hepatitis C in the following occupations is an occupational disease within the meaning of the act:

(1) Professional and volunteer firefighters.

(2) Volunteer ambulance corp personnel.

(3) Volunteer rescue and lifesaving squad personnel.

(4) Emergency medical services personnel and paramedics.

(5) Pennsylvania State Police officers.

(6) Police officers requiring certification under 53 Pa.C.S. Chapter 21 (relating to employees).

(7) Commonwealth and county correctional employees, and forensic security employees of the Department of Public Welfare, having duties including care, custody and control of inmates involving exposure to Hepatitis C.

(c) The presumption is not conclusive and shall be rebutted ‘‘if the employer has established an employment screening program, in accordance with guidelines established by the [D]epartment in coordination with the Department of Health and the Pennsylvania Emergency Management Agency and published in the Pennsylvania Bulletin, and testing pursuant to that program establishes that the employe incurred the Hepatitis C virus prior to any job-related exposure.’’

(d) The purpose of this section is to provide guidelines for the screening program that includes testing for the Hepatitis C virus so that an employer may rebut the presumption that the presence of the virus is work-related.

(e) An employment screening program for Hepatitis C should be implemented by having an employee undergo medical testing utilizing Food and Drug Administration-approved tests for Hepatitis C, as directed by a physician. As part of the employment screening program, supplemental testing should be conducted where the initial test yields a positive result, or when deemed appropriate by a physician. Future interval testing, to be administered in accordance with accepted standards of care, should be conducted when a physician determines that such testing is appropriate.

(f) The screening program should include testing. Act 115 of 2001 should not be interpreted to preclude other related procedures, such as the distribution of questionnaires requesting information on prior employment, including a description of job duties and responsibilities.

(g) This section is intended to provide guidance to the Bureau of Workers’ Compensation staff, workers’ compensation insurance carriers, employers, employees, workers’ compensation practitioners and other interested parties concerning the implementation of Act 115 of 2001. This chapter does not constitute a rule or regulation with the force of law.

History

Source: The provisions of this Chapter 130 adopted July 19, 2002, effective July 20, 2002, 32 Pa.

Part X Bureau of Occupational and Industrial Safety

Chapter 201 Special Rules of Administrative Practice and Procedure

34 Pa. Code § 201.1 Applicability of general rules.

Chapter 203 Lead-Based Paint Occupation Accreditation and Certification

34 Pa. Code § 203.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings: Abatement—A set of measures designed to eliminate or reduce lead-based paint hazards in accordance with standards established by the EPA.

(i) The term includes the following:

(A) The removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures and the removal or covering of lead-contaminated soil.

(B) The preparation, cleanup, disposal and post-abatement, clearance-testing activities associated with these measures.

(C) Less-than-full abatement whereby the sources of lead contamination are reduced sufficiently to create a ‘‘lead-safe’’ environment rather than a ‘‘lead-free’’ environment.

(ii) The term does not include renovation and remodeling or landscaping activities by contractors whose primary intent is not to permanently eliminate or reduce lead-based paint hazards, but is instead to repair, restore or remodel a given structure or dwelling.

(iii) The term does not include renovation and remodeling activities conducted by homeowners in their homes. Accessible surface—An interior or exterior surface painted with lead-based paint that is accessible for a child to mouth or chew. Accreditation—A certificate issued by the Department permitting a person to conduct lead-based paint occupation training courses. Act—The Lead Certification Act (35 P. S. § 5901—5916). CDC—The United States Centers for Disease Control and Prevention. Certification—A certificate issued by the Department permitting a person to work in a lead-based paint occupation and which contains a recent photograph of that person. Certified contractor—A person, firm, company or institution which has been approved by the Department to perform lead-based paint activities in this Commonwealth. This term includes a ‘‘certified firm’’ as defined by the EPA’s regulation at 40 CFR 745.223 (relating to definitions). Children—Individuals who are under 6 years of age. Commercial building—A building constructed for the purpose of commercial or industrial activity and not primarily intended for use by the general public, including office complexes, industrial buildings, warehouses, factories and storage facilities. Deleading—Activities conducted by a person who offers to eliminate or reduce lead-based paint or lead-based paint hazards or to plan these activities. Demolition—Pulling down or completely destroying a building or structure or substantial removal of building elements. Department—The Department of Labor and Industry of the Commonwealth. Discipline—A classification for a specific lead-hazard activity. EPA—The Environmental Protection Agency. Friction surface—An interior or exterior surface that is subject to abrasion or friction. The term includes certain window, floor and stair surfaces. Hazard activities—Any set of measures designed to eliminate or reduce lead hazards in accordance with standards established by the EPA and other Federal agencies. Hazardous condition—A condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil or a lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces or impact surfaces that would result in adverse human health effects as established by the administrator of the EPA under section 403 of the Toxic Substance Control Act (15 U.S.C.A. § 2683). HUD—The Department of Housing and Urban Development. Impact surface—An interior or exterior surface that is subject to damage by repeated impacts; for example, certain parts of door frames. Inspection—

(i) A surface-by-surface investigation to determine the presence of lead-based paint, as provided in section 302(c) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C.A. § 4822(c)).

(ii) The provision of a written report explaining the results of the investigation. Inspector-risk assessor—A person trained and certified to perform all activities of the inspector-technician as well as to identify the presence of lead-based paint and to collect additional information designed to assess the level of risk to residents of target housing. The term includes a ‘‘certified risk-assessor’’ as defined by the EPA’s regulation in 40 CFR 745.223. Inspector-technician—A person trained and certified to perform inspections solely for the purpose of determining the presence of lead-based paint through the use of onsite testing, such as XRF analysis, and the collection of samples for laboratory analysis. The term includes a ‘‘certified inspector’’ as defined by the EPA’s regulation in 40 CFR 745.223. Lead-based paint—Paint or other surface coatings that contain lead in excess of the most current HUD standards, or in the case of paint or other surface coatings on target housing, such lower level as may be established by the Secretary of HUD under section 302(c) of the Lead-Based Paint Poisoning Prevention Act. Lead-based paint activities—The term includes the following:

(i) With respect to target housing, the term includes risk assessment, inspection and abatement.

(ii) With respect to a public building constructed before 1978, or a commercial building, bridge or other structure or superstructure, the term includes identification of lead-based paint and materials containing lead-based paint, deleading and removal of lead from bridges and demolition. Lead-based-paint hazard—A condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces or impact surfaces, which exposure would result in adverse human health effects as established by the Department. Nonprofit training provider—A training provider organized for a purpose not involving pecuniary profit, incidental or otherwise, to its members. Occupations—Occupations include worker, supervisor, inspector, risk-assessor, inspector-technician, project designer and all other occupations covered by EPA and OSHA rules, regulations and guidelines on lead-based paint activities. OSHA—The Occupational Safety and Health Administration. Person—Any of the following:

(i) An individual.

(ii) A corporation, partnership or association.

(iii) The Commonwealth, including an agency and instrumentality of the Commonwealth.

(iv) A political subdivision, including an agency or instrumentally of a political subdivision. Planner-project designer—A person trained and certified to plan and design lead-based-paint activities. The term includes a ’’certified project designer‘‘ as defined by the EPA’s regulation in 40 CFR 745.223. Public building—A building constructed prior to 1978 which is generally open to the public or occupied or visited by children. The term includes schools, day-care centers, museums, airport terminals, hospitals, stores, restaurants, office building, convention centers and government buildings. The term excludes target housing. Renovation and remodeling activities—Activities whose primary intent is not to permanently eliminate or reduce lead-based-paint hazards, but is instead to repair, restore or remodel a given structure or dwelling. Residential dwelling—The term includes the following:

(i) A single-family dwelling including attached structures such as porches and stoops.

(ii) A single-family dwelling unit in a structure that contains more than one separate residential dwelling unit and in which each unit is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more individuals. Risk assessment—Onsite investigation to determine and report the existence, nature, severity and location of lead hazards in residential dwellings, including the following:

(i) Information gathering regarding the age and history of the housing and occupancy by children under 6 years of age.

(ii) Visual inspection.

(iii) Wipe sampling or other environmental testing and sampling techniques.

(iv) Other activity as may be appropriate.

(v) Provision of a report explaining the results of the investigation. Secretary—The Secretary of Labor and Industry of the Commonwealth. Superstructure—A large steel or other industrial structure, such as a bridge or water tower which might contain lead-based materials. Supervisor—A person trained and certified to oversee lead-based paint activities on target housing and public and commercial building job sites. The term includes a ‘‘certified supervisor’’ as defined in the EPA’s regulation in 40 CFR 745.223. Target housing—Housing constructed prior to 1978, or any zero-bedroom dwelling. The term excludes housing for the elderly or persons with disabilities unless a child who is under 6 years of age resides or is expected to reside in the housing. XRF analyzer—A machine that utilizes X-Ray Fluorescence (XRF) to test for the presence of lead-based paint. Worker—A person who has been trained by an accredited training program and certified under the act and this chapter to perform lead-based paint abatement activities. The term includes ‘‘certified abatement worker’’ as defined by the EPA’s regulation in 40 CFR 745.223.

History

Authority: The provisions of this Chapter 203 issued under section 4 of the Lead Certification Act (35 P.
Source: The provisions of this Chapter 203 adopted November 7, 1997, effective November 8, 1997, 27 Pa.

34 Pa. Code § 203.2 General administrative requirements.

(a) This chapter implements the certification, accreditation, work practices and other requirements of the Act.

(b) This chapter applies to the following persons:

(1) Persons engaged in lead-based-paint occupations within this Commonwealth. An individual or company may not engage in lead-based-paint activities or lead-based paint abatement without the appropriate certification.

(2) Persons performing lead-based-paint abatement upon or within a building which they own or occupy who utilize employes to perform lead-based-paint abatement.

(3) Training course providers desiring to provide training courses required for certification in any lead-based-paint-abatement occupations within this Commonwealth.

(c) This chapter does not relieve any person subject to the act from any duty or responsibility under other Federal or State statutes or regulations, or local ordinances relating to lead-based paint activities.

(d) EPA standards found in 40 CFR Part 745 (relating to lead-based paint poisoning prevention in certain residential structures), are incorporated by reference as the standards by which to carry out the provisions of the act. If EPA regulations and this chapter conflict, this chapter applies.

(e) The Department will publish notice of EPA regulation changes in the Pennsylvania Bulletin.

History

Authority: The provisions of this Chapter 203 issued under section 4 of the Lead Certification Act (35 P.
Source: The provisions of this Chapter 203 adopted November 7, 1997, effective November 8, 1997, 27 Pa.

34 Pa. Code § 203.3 Training course accreditation procedures.

(a) Federal requirements. Training providers shall meet the EPA training course requirements in 40 CFR, Part 745 (relating to lead-based poisoning prevention in cetain residential structures).

(b) Accreditation of initial and refresher courses.

(1) A person may apply to the Department for approval to conduct training courses, including refresher training courses. A person desiring to apply as an approved training provider for a specific course shall complete an application prescribed by the Department and submit the completed application with the appropriate fee prescribed in § 203.8 (relating to fees). The application shall be received by the Department at least 30 days prior to the first course session. The Department will not process an application which is submitted without the fee or that is incomplete.

(2) A provider requesting accreditation of a training course given outside this Commonwealth shall, in addition to complying with paragraph (1), submit copies of applicable State or Federal approvals, along with the name, address and telephone number of the person, department or agency giving the approval.

(3) The Department will grant accreditation of a training course and issue a certificate of accreditation when it has determined from a complete review of application materials that the course meets the EPA’s requirements.

(4) The Department will inform the provider in writing of its reasons for denying accreditation. The Department may schedule a reevaluation at its discretion.

(5) Course accreditation shall be renewed annually. A person applying for reaccreditation shall reaffirm his address and course information on a form prescribed by the Department and shall provide the Department with a description of course changes since his last accreditation or reaccreditation application.

(1) A monitored final written examination will be required for all courses unless provided for in this chapter. For students who are unable to take a written examination, the Department may accept an equivalent oral examination.

(2) Training course instructors who provide oral examinations for students who are unable to take a written examination shall issue an answer sheet to be marked by the attendee. The student shall sign the answer sheet, and it shall become a part of the training course provider’s recordkeeping as described within this chapter.

(3) A passing grade on the course test is a score of 70%.

(d) Changes to accredited training courses.

(1) A provider may change an accredited training course only with approval of the Department. The provider shall submit to the Department written notice of the contemplated change at least 10 days before its proposed implementation date. The Department may waive the 10-day requirement for good cause shown.

(2) Changes may include the following:

(i) Topic covered.

(ii) Course materials.

(iii) Training course instructors.

(iv) Teaching methods.

(v) Dates and location of scheduled courses.

(vi) Language in which course is given.

(e) Training course provider requirements.

(1) The provider shall notify the Department in writing of the scheduled commencement of a course at least 5 days before the first session.

(2) The provider shall cooperate with the Department in all matters relating to the conduct of the course and shall permit representatives of the Department to attend course sessions at no cost. The provider shall make available to the Department, upon request and at no cost, course materials, examinations and records.

(3) The provider shall provide each student who has met the qualifications for supervisor, risk assessor or inspector with a training certificate, and shall provide the Department within 15 days of the successful completion of the course a copy of each student’s training certificate.

This section cited in 34 Pa. Code § 203.7 (relating to reciprocity).

History

Authority: The provisions of this Chapter 203 issued under section 4 of the Lead Certification Act (35 P.
Source: The provisions of this Chapter 203 adopted November 7, 1997, effective November 8, 1997, 27 Pa.

34 Pa. Code § 203.4 Certification procedures and requirements.

(a) Federal requirements. Applicants for certification shall meet the EPA certification course requirements in 40 CFR Part 745 (relating to lead-based paint poisoning prevention in certain residential structures).

(b) Certification of individuals. An applicant for certification in a lead-based-paint occupation shall successfully complete a lead-based-paint training course accredited by the Department and pass an examination approved by the Department. Applicants shall submit a completed application on a form provided by the Department, along with the appropriate fee designated in subsection (d), and a copy of training certificate required under EPA regulations. The Department will not process an application that is incomplete or submitted without the proper fee.

(c) Contractor certification. Applications for certification of a contractor or firm shall be submitted in the same manner as provided by subsection (b), except that no EPA training certificate will be required.

(d) Proof of certification.

(1) A person engaged in a lead-based-paint occupation shall posses a Commonwealth-issued photo identification card or Commonwealth notification for a photo identification card. This documentation shall be available at each work site for inspection by the Department.

(2) A person whose photo identification card or Commonwealth notification for a photo identification card is lost or destroyed shall notify the Department in writing within 2 days, and shall maintain a copy of the written notification at the work site until the Department issues a new photo identification card or Commonwealth notification for a photo identification card.

(3) A contractor or firm shall have available on the work site a contractor certification issued by the Department.

(e) Renewal. Certification shall be renewed annually in the same manner as provided in subsections (a) and (b). Photo identification cards and contractor certifications will be issued annually.

(f) Supervisors. A certified supervisor may perform the tasks of a worker.

This section cited in 34 Pa. Code § 203.7 (relating to reciprocity).

History

Authority: The provisions of this Chapter 203 issued under section 4 of the Lead Certification Act (35 P.
Source: The provisions of this Chapter 203 adopted November 7, 1997, effective November 8, 1997, 27 Pa.

34 Pa. Code § 203.5 Denial, suspension or revocation of certification or accreditation.

(a) Grounds.

(1) The Department may deny an application for certification or accreditation, and may suspend or revoke a certification or accreditation issued under the act and this chapter for one or more of the following reasons:

(i) Fraudulently or deceptively obtaining or attempting to obtain accreditation or certification.

(ii) Failure to meet the requirements of the act or this chapter.

(iii) Failure to meet applicable Federal or State standards relating to lead-based-paint activities.

(iv) Failure to pay a required fee.

(v) Failure to meet EPA standards for conducting lead-based-paint activities found at 40 CFR Part 745 (relating to lead-based poisoning prevention in certain residential structures).

(b) Notice and hearing.

(1) Actions of the Department related to denial, suspension or revocation will be subject to the right of notice, hearing and adjudication in accordance with 2 Pa.C.S. (relating to administrative law and procedure). Hearings will be conducted under 1 Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedures).

(2) After hearing, the Department by written order may affirm, reverse, or modify the denial, suspension or revocation.

(c) Administrative proceedings, civil actions and criminal proceedings. Denial, suspension or revocation of certification or accreditation will not affect or mitigate an administrative proceeding, civil action or criminal proceeding permitted by the act or this chapter or by any other law or regulation.

This section cited in 34 Pa. Code § 203.9 (relating to enforcement procedures and penalties).

History

Authority: The provisions of this Chapter 203 issued under section 4 of the Lead Certification Act (35 P.
Source: The provisions of this Chapter 203 adopted November 7, 1997, effective November 8, 1997, 27 Pa.

34 Pa. Code § 203.6 Work practices.

(a) Work practices shall conform to HUD and EPA guidelines, rules and regulations on lead-based-paint activities. If HUD and EPA standards conflict, EPA standards shall be followed.

(b) Additional recordkeeping requirements are as follows:

(1) The lead-based-paint contractor shall maintain a list of individuals engaged in lead-based-paint occupations or who enter the lead-based-paint abatement project area at each job site. The list shall include the following information:

(i) Names.

(ii) Certification identification number.

(iii) Job classification or job title.

(iv) Time in daily.

(v) Time out daily.

(2) These records shall be available to the Department upon request.

History

Authority: The provisions of this Chapter 203 issued under section 4 of the Lead Certification Act (35 P.
Source: The provisions of this Chapter 203 adopted November 7, 1997, effective November 8, 1997, 27 Pa.

34 Pa. Code § 203.7 Reciprocity.

(a) Certification of occupations and accreditation of other training programs.

(1) The Department will enter into reciprocal agreements with other states and jurisdictions which have established accreditation and certification requirements substantially similar to those in the act and this chapter.

(2) The Department will designate, by notice in the Pennsylvania Bulletin, states and jurisdictions which have certification and accreditation programs for which the Department has granted reciprocity. Reciprocity for certification and accreditation will include certifications and course accreditations granted before November 8, 1997.

(b) Procedure and fees.

(1) A person applying for accreditation under this section shall comply with § 203.3(b) (relating to training course accreditation procedures) and pay the appropriate fee in § 203.8 (relating to fees).

(2) A person applying for certification under this section shall comply with § 203.4(b) (relating to certification procedures and requirements) and pay the appropriate fee in § 203.8.

History

Authority: The provisions of this Chapter 203 issued under section 4 of the Lead Certification Act (35 P.
Source: The provisions of this Chapter 203 adopted November 7, 1997, effective November 8, 1997, 27 Pa.

34 Pa. Code § 203.8 Fees.

(a) General information. This section sets out the Department’s certification and accreditation fees. Fees shall be remitted by check or money order made payable to the Commonwealth of Pennsylvania. Fees are not refundable.

(b) Certification fees. Applicants for certification in lead occupations shall remit the following initial and annual renewal fees:

(1) Lead-based-paint planner/project designer…$200

(2) Lead-based-paint inspector/risk assessor…$200

(3) Lead-based-paint supervisor…$ 75

(4) Lead-based-paint worker …$ 50

(5) Lead-based-paint contractor…$500

(c) Training course accreditation fees. Providers of training courses shall remit the following initial and annual renewal accreditation fees:

(1) Application for each initial training course…$1,000

(2) Renewal of accreditation for the initial training course…$ 500

(d) Refresher training course accreditation fees. Providers of refresher training courses shall remit the following initial accreditation and annual renewal fees:

(1) Accreditation of each refresher lead-based- paint course…$ 500

(2) Renewal of accreditation for refresher lead-based-paint course…$ 250

(e) Maximum fee. Within a calendar year, cumulative course accreditation fees may not exceed $5,000 for an individual training provider.

(f) Waiver of fees. Accreditation fees may not be imposed on any State, local government or nonprofit training provider; nor will certification fees be imposed on any State, local government or nonprofit training provider, as long as employes actually perform the lead-based-paint activities.

This section cited in 34 Pa. Code § 203.3 (relating to training course accreditation procedures); and 34 Pa. Code § 203.7 (relating to reciprocity).

History

Authority: The provisions of this Chapter 203 issued under section 4 of the Lead Certification Act (35 P.
Source: The provisions of this Chapter 203 adopted November 7, 1997, effective November 8, 1997, 27 Pa.

34 Pa. Code § 203.9 Enforcement procedures and penalties.

(a) General rule. A person may not cause, suffer, permit or allow a lead-based-paint activity to be performed in violation of the act or this chapter. A person may not cause, suffer, permit or allow the performance of an act or operation in violation of an order issued by the Department under the act or this chapter.

(b) Violations. The Department has the power to issue an order requiring compliance with the act or this chapter.

(1) An order shall be served, personally or by certified mail, upon the person being charged with the violation.

(2) In the case of a violation of lead-based-paint work practice standards, a copy of the order shall also be served, personally or by certified mail, upon the property owner and a copy shall be posted on the premises.

(c) Hazardous conditions. If the Department determines that a hazardous condition exists, the Department, may do one or more of the following:

(1) Issue an order to those engaged to cease immediately all lead-based-paint activities until the condition is corrected.

(2) Issue an order to remove any workers except those needed to abate the hazard from the project work area until the condition is corrected to prevent further project activity.

(3) Issue an order to evacuate appropriate portions of the site until the condition is corrected.

(4) Certify the existence of a lead-based-paint hazard that exists due to the failure of a contractor or employe to comply with the act, charge the added cost of corrective cleanup or removal to the contractor responsible for the hazardous condition which exists due to the noncompliance, and collect the cost by lien or other means as may be authorized by law.

(5) Apply to an appropriate court for relief by injunction or restraining order against any person responsible for the hazardous condition.

(d) Penalties. In addition to the sanctions or remedial orders provided in this section, a person who fails to comply with a requirement of the act, this chapter or who fails to obey an order issued by the Department, may be subject to one or more of the following penalties:

(1) Denial, suspension or revocation of accreditation or certification for a person, training provider or contractor as provided in § 203.5 (relating to denial, suspension or revocation of certification or accreditation).

(2) Administrative penalties of not more than $1,000 for the first offense, not more than $5,000 on the second offense and not more than $10,000 for each subsequent offense. Each day a violation continues to exist shall constitute an additional, separate and distinct violation.

(i) If the violating person is a contractor, in determining the penalty, consideration shall be given to the appropriateness of the penalty to the size of the business of the person charged, taking into account the number of employes employed by that person, dollar volume of sales or business, amount of capital investment and financial resources and other information as may be available relative to the size of the business of the person.

(ii) In determining the penalty, consideration shall be given to appropriateness of the penalty to the gravity of the violation or violations, taking into account factors including history of prior violations; evidence of willfulness or failure to take reasonable precautions to prevent violations; and, the extent of exposure to hazardous conditions.

(e) Finality of determination. An administrative determination of a civil penalty for a violation of the act or this chapter shall become final 15-calendar days after receipt of the notice-of-penalty determination by certified mail by the person so charged, unless the person has filed, with the Department, an exception to the determination that the violation for which the penalty is imposed occurred.

History

Authority: The provisions of this Chapter 203 issued under section 4 of the Lead Certification Act (35 P.
Source: The provisions of this Chapter 203 adopted November 7, 1997, effective November 8, 1997, 27 Pa.

34 Pa. Code § 203.10 Contractor notification requirements.

(a) Notification.

(1) Lead-based paint abatement contractors shall notify the Department before engaging in any lead-based paint abatement project in the manner prescribed by the Department.

(2) Notification shall be postmarked or hand delivered to the Department at least 5 business days prior to the project start date. The Department will accept notification by fax at least 5 business days prior to the project start date if followed by original written and signed notification.

(3) In the case of an emergency project, verbal notification shall be given immediately to the Department and written notification shall be provided to the Department within 1 business day of the emergency. Notification by fax in emergencies is acceptable if followed by original written and signed notification.

(b) Changes to notification.

(1) If there is a change in any of the information provided on the notification form, the contractor shall immediately notify the Department of the changes in the manner provided in subsection (a)(3), provided that:

(i) In the case of a postponement of the start date, the contractor provides the Department with immediate verbal notification and submits written confirmation of the postponement within 1 business day before the original start date.

(ii) In the case of an advancement of the start date, the contractor provides the Department with written notification of the advancement at least 5 business days prior to the new start date.

(iii) Notification by fax is acceptable if followed by the original written and signed notification.

(2) Notification to the Department does not relieve the lead-based-paint contractor of the responsibility for making written notification as may be required by a municipality, agency of the Commonwealth, or agency of the Federal government.

History

Authority: The provisions of this Chapter 203 issued under section 4 of the Lead Certification Act (35 P.
Source: The provisions of this Chapter 203 adopted November 7, 1997, effective November 8, 1997, 27 Pa.

Part XI Prevailing Wage

Chapter 211 Prevailing Wage Division

34 Pa. Code § 211.1 Applicability of general rules.

Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure), is applicable to the activities of and proceedings before the Prevailing Wage Division, Department of Labor and Industry.

Chapter 213 Prevailing Wage Appeals Board

34 Pa. Code § 213.1 Applicability of general rules.

Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) is applicable to the activities of, and proceedings before, the Board, of the Department, except as otherwise provided in this chapter.

The provisions of this § 213.1 amended February 11, 1994, effective February 12, 1994, 24 Pa.B. 871.

History

Source: The provisions of this § 213.

34 Pa. Code § 213.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Pennsylvania Prevailing Wage Act (43 P. S. § § 165-1—165-17). Agency—The bureau or division of the Department charged with administration and enforcement of the act. Appellant—A party filing an appeal with the Board under this chapter. Appellee—A party whose interests are contrary to those of the Appellant. Board—The Pennsylvania Prevailing Wage Appeals Board. Department—The Department of Labor and Industry of the Commonwealth. General Rules—The General Rules of Administrative Practice and Procedure at 1 Pa. Code Part II. Grievance—A complaint pertaining to the agency’s administration of the act made under section 2.2(e)(1) of the act (43 P. S. § 165-2.2(e)(1)). Grievant—A party filing a grievance under section 2.2(e)(1) of the act, with the Board. Party—In appeals under § 213.3 (relating to appeals from determinations of the Secretary), a party to the proceedings before the Secretary. In grievance proceedings under § 213.8 (relating to grievances arising from administration of the act) the grievant, the agency and intervenors. Secretary—The Secretary of the Department.

The provisions of this § 213.2 adopted February 11, 1994, effective February 12, 1994, 24 Pa.B. 871.

History

Source: The provisions of this § 213.

34 Pa. Code § 213.3 Appeals from determinations of the Secretary.

(a) A party, other than the Department, may file an appeal with the Board from the final determination of the Secretary in proceedings conducted under section 8 or 11 of the act (43 P. S. § § 165-8 and 165-11). Grievances filed under section 2.2(e) of the act (43 P. S. § 165-2.2(e)) are governed by § 213.8 (relating to grievances arising from administration of the act).

(b) Appeals under this chapter shall be filed within 10 days of the date of mailing of the Secretary’s determination. If appeals are filed by mail, first-class mail shall be utilized and the date of the postmark shall be the date of filing.

(c) The appeal, original and eight copies, shall be filed with the Chairperson of the Board, c/o Office of Chief Counsel, Department of Labor and Industry, Labor and Industry Building, Seventh and Forster Streets, Harrisburg, Pennsylvania 17120.

(d) Copies shall be served on all other parties, in accordance with the General Rules, and proof of service shall accompany the appeal.

(e) Cross appeals shall be filed with the Board within 10 days after filing and service of the original appeal, and shall conform to the requirements applicable to appeals.

(f) Upon receipt of a notice of appeal under this section, the Secretary will promptly transmit the record of the proceedings to the Board.

(g) Subsection (b) supersedes 1 Pa. Code § 31.11 (relating to timely filing required). Subsection (c) supersedes 1 Pa. Code § 33.15 (relating to number of copies).

The provisions of this § 213.3 adopted February 11, 1994, effective February 12, 1994, 24 Pa.B. 871.

This section cited in 34 Pa. Code § 213.2 (relating to definitions); and 34 Pa. Code § 213.5 (relating to briefs).

History

Source: The provisions of this § 213.

34 Pa. Code § 213.4 Content of appeals.

(a) This subsection governs appeals from final determinations of the Board in a proceeding under section 8 or 11 of the act (43 P. S. § § 165-8 and 165-11).

(b) Appeals to the Board shall:

(1) Contain the full caption of the proceeding before the Secretary.

(2) State that the party is appealing the Secretary’s determination to the Board.

(3) List the date of the Secretary’s determination.

(4) Briefly list the grounds for appeal or objections to the Secretary’s determination.

(5) Contain a prayer for relief.

(6) Be signed by a party or the party’s attorney.

(7) Contain a certificate of service.

(Caption)

The provisions of this § 213.4 adopted February 11, 1994, effective February 12, 1994, 24 Pa.B. 871.

History

Source: The provisions of this § 213.

34 Pa. Code § 213.5 Briefs.

(a) The appellant’s brief shall be received within 15 days after the appeal is filed. The appellee’s brief shall be due 15 days after service of the appellant’s brief.

(b) Unless otherwise directed by the Board, separate briefs shall be required for cross appeals. The cross-appellant’s brief will be due within 15 days after service of the cross appeal, and the cross appellee’s brief is due 15 days after service of the cross appellant’s brief.

(c) Briefs shall conform to the General Rules and shall be filed with the Chairperson of the Board, at the address listed in § 213.3(c) (relating to appeals from determinations of the Secretary). An original and eight copies of briefs shall be filed.

(d) Requests for extensions of time under this section shall be made in writing and shall be filed with, and acted upon by, the Chairperson of the Board. In appeals under section 8 of the act (43 P. S. § 165-8), the request shall indicate the concurrence or nonconcurrence of the contracting body and the other parties to the proposed extension.

(e) The Board will not consider briefs unless they are filed in accordance with the time standards listed in this section.

(f) Subsection (b) supersedes 1 Pa. Code § § 35.193 and 35.212(d) (relating to filing and service of briefs; and content and form of briefs on exceptions).

The provisions of this § 213.5 adopted February 11, 1994, effective February 12, 1994, 24 Pa.B. 871.

History

Source: The provisions of this § 213.

34 Pa. Code § 213.6 Hearing transcripts.

(a) A party or person may inspect copies of the transcript of the proceedings before the Secretary at no charge, during the Department’s regular business hours, in the Office of Chief Counsel.

(b) A person desiring to purchase a copy of a hearing transcript shall make arrangements with the court reporting service which transcribed the hearing. Information as to the name, address and telephone number of the court reporting service may be obtained from the Office of Chief Counsel for the Department.

The provisions of this § 213.6 adopted February 11, 1994, effective February 12, 1994, 24 Pa.B. 871.

History

Source: The provisions of this § 213.

34 Pa. Code § 213.7 Appeal proceedings before the Board.

(a) In appeals under this chapter, the Board’s scope of review of the Secretary’s determination is limited to a review for errors of law and whether the necessary findings of the Secretary are supported by substantial evidence in the record.

(b) Issues not raised in the notice of appeal or not argued in the appellant’s brief will be deemed waived.

(c) In appeals, the Board will not hear testimony or receive evidence. Requests for evidentiary hearings shall be in the nature of a request for a remand to the Secretary and shall be set forth in the notice of appeal and addressed in the briefs.

(d) The Board may remand an appeal to the Secretary for further hearing, consideration and determination.

(e) Oral argument shall be heard by the Board in appeals, unless waived by the parties. Notice of oral argument shall be furnished by the Board to all parties or their representatives. Argument may be limited at the Board’s discretion.

The provisions of this § 213.7 adopted February 11, 1994, effective February 12, 1994, 24 Pa.B. 871.

History

Source: The provisions of this § 213.

34 Pa. Code § 213.8 Grievances arising from administration of the act.

(a) Under section 2.2(e) of the act (43 P. S. § 165-2.2(e)), the Board will hear and determine grievances arising out of the administration of the act. Appeals from determinations of the Secretary are excluded from review under this section. The types of disputes heard under this section shall include the following:

(1) Disputes as to the applicability of the act to a project.

(2) Disputes involving classification or coverage, or both, of persons employed on public work.

(3) Disputes concerning the proper interpretation or application of the act or regulations thereunder.

(b) Grievances submitted to the Board under this section shall include:

(1) The identity and interest of the grievant.

(2) If applicable, the name, address and predetermination serial number of the affected project, and the name and address of the public body responsible for the project.

(3) A brief statement of the issue or dispute giving rise to the grievance.

(4) A brief statement of the agency’s position, along with copies of documents setting forth that position.

(5) A statement of requested relief.

(6) A signature of the party or the party’s attorney.

(7) A certificate of service showing service upon the agency, the public body and affected contractors or subcontractors.

(d) The following format is suggested for grievances:

Appendices:

A. Copy of agency’s position (if any).

B. Certificate of Service.

(e) The Board will promptly provide notice of the grievance to interested persons designated in sections 7, 8 and 11(c) of the act (43 P. S. § § 165-7, 165-8 and 165-11(c)).

(f) Petitions for intervention shall be filed and served within 15 days of the notice of the grievance issued under subsection (e), except upon good cause shown. Petitions for intervention shall be governed by the General Rules. Briefs for intervenors shall be filed and served within 15 days of the Board’s order granting intervention or the day fixed under this section for the filing of a brief by the party on whose behalf intervention is made, whichever is later.

(g) Within 30 days of filing a grievance under this section, the grievant shall file and serve a brief. An original and eight copies shall be filed with the Board. The brief shall contain a statement of proposed facts and discussion of the legal issues. Copies of proposed exhibits shall be numbered and appended to the brief. Within 30 days of service of the grievant’s brief, the agency shall file and serve a brief conforming to the requirements of this subsection.

(h) After the briefs have been filed, the parties shall confer to attempt to resolve disputed factual issues and shall promptly submit to the Board a stipulation of agreed-upon facts. The parties, jointly or separately, shall submit to the Board a statement of factual issues and advise whether an evidentiary hearing is requested. The Board will have the discretion to grant or deny the request.

(i) Upon receipt of the parties’ stipulation and statement of disputed facts, the Board will schedule the matter for hearing or argument, or both. If an evidentiary hearing is requested, the Board may delegate the matter to a hearing officer to take evidence and testimony. The hearing officer will not issue a proposed decision.

(j) The General Rules govern evidentiary hearings. The burden of proof shall be on the grievant.

(k) Subsections (b) and (d) supersede 1 Pa. Code § 35.20 (relating to appeals from action of the staff). Subsection (c) supersedes 1 Pa. Code § 33.15 (relating to number of copies).

The provisions of this § 213.8 adopted February 11, 1994, effective February 12, 1994, 24 Pa.B. 871.

Burden of Proof

In a grievance filed by a union from administration of the Prevailing Wage Act, the grievant bears the burden of proof. Butler Balancing Co., Inc. v. Prevailing Wage Appeals Board, 780 A.2d 840 (Pa. Cmwlth. 2001).

Parties

In a dispute over whether a particular building project was subject to the Prevailing Wage Act, unions representing employes in the building and construction industry throughout Pennsylvania have standing to file their grievances, where unions are meant to pay an integral role in the administration and enforcement of the act, and, in order to protect workers, it is essential that some workers and unions who are not working under the protections of the act have standing to challenge a determination that the act does not apply. Pennsylvania National Mutual Casualty Insurance Co. v. Department of Labor and Industry, 715 A.2d 1068 (Pa. 1998); appeal after remand 767 A.2d 605 (Pa. Cmwlth. 2001); appeal 773 A.2d 757 (Pa. 2001); affirmed 808 A.2d 881 (Pa. 2002).

The trade council had standing to challenge the prevailing minimum wage rates continued in a particular contract for public work. Pennsylvania National Mutual Casualty Insurance Co. v. Department of Labor and Industry, 667 A.2d 753, 2 Wage & Hour Cas.2d (BNA) 1713 (Pa. Cmwlth. 1995).

This section cited in 34 Pa. Code § 213.2 (relating to definitions); and 34 Pa. Code § 213.3 (relating to appeals from determinations of the Secretary).

History

Source: The provisions of this § 213.

34 Pa. Code § 213.9 Notices and hearings.

(a) Upon receipt of a grievance or an appeal and the scheduling of argument or hearing, the Board will notify the parties and other interested persons designated in sections 7, 8 and 11(c) of the act (43 P. S. § § 165-7, 165-8 and 165-11(c)) or their representatives.

(b) Hearings or arguments before the Board will be open to the public.

(c) The parties participating in proceedings before the Board may be represented by counsel or as otherwise permitted by the General Rules.

The provisions of this § 213.9 adopted February 11, 1994, effective February 12, 1994, 24 Pa.B. 871.

History

Source: The provisions of this § 213.

34 Pa. Code § 213.10 Decisions.

(a) Copies of the Board’s decisions will be mailed to the parties and other interested persons designated in sections 7, 8 and 11(c) of the act (43 P. S. § § 165, 165-8 and 165-11(c)) or their representatives.

(b) The Board’s decision will be the final decision of the Department. An application for reconsideration will not be entertained.

The provisions of this § 213.10 adopted February 11, 1994, effective February 12, 1994, 24 Pa.B. 871.

History

Source: The provisions of this § 213.

Part XII Bureau of Labor Law Compliance

Chapter 221 Special Rules of Administrative Practice and Procedure

34 Pa. Code § 221.1 Applicability of general rules.

Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to the general rules of administrative practice and procedure) is applicable to the activities of and proceedings before the Bureau of Labor Standards.

Chapter 225 Prohibition of Excessive Overtime in Health Care Act Regulations

34 Pa. Code § 225.1 Purpose and scope.

This chapter implements the complaint and investigation procedures in the act, and the administrative penalties assessment provisions in the act.

History

Authority: The provisions of this Chapter 225 issued under section 5 of the Prohibition of Excessive Overtime in Health Care Act (43 P.
Source: The provisions of this Chapter 225 adopted July 18, 2014, effective July 19, 2014, 44 Pa.

34 Pa. Code § 225.2 Definitions.

(a) Terms used in this chapter have the same meanings and are defined in the same manner as the act.

(b) In addition to the provisions of subsection (a), the following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Prohibition of Excessive Overtime in Health Care Act (43 P. S. § § 932.1—932.6). Bureau—The Bureau of Labor Law Compliance or its successor bureau within the Department assigned enforcement of the act. Department—The Department of Labor and Industry of the Commonwealth. Employee—

(i) An individual employed by a health care facility or by the Commonwealth or a political subdivision or instrumentality of the Commonwealth who is involved in direct patient care activities or clinical care services and who receives an hourly wage or is classified as a nonsupervisory employee for collective bargaining purposes.

(ii) The term includes an individual employed through a personnel agency that contracts with a health care facility to provide personnel.

(iii) The term does not include a physician, physician assistant, dentist or worker involved in environmental services, clerical, maintenance, food service or other job classification not involved in direct patient care and clinical care services. Employer—A health care facility as defined in section 2 of the act (43 P. S. § 932.2) or the Commonwealth, a political subdivision or an instrumentality of the Commonwealth engaged in direct patient care activities or clinically related health services. Health care facility—

(i) A facility which provides clinically related health services, regardless of whether the operation is for profit or nonprofit and regardless of whether operation is by the private sector or by State or local government.

(ii) The term includes:

(A) A general or special hospital, a psychiatric hospital, a rehabilitation hospital, a hospice, an ambulatory surgical facility, a long-term care nursing facility, a cancer treatment center using radiation therapy on an ambulatory basis, and an inpatient drug and alcohol treatment facility.

(B) A facility which provides clinically related health services and which is operated by the Department of Corrections, the Department of Health, the Department of Military and Veterans Affairs or the Department of Public Welfare.

(iii) The term does not include:

(A) An office used primarily for private or group practice by a health care practitioner.

(B) A facility providing treatment solely on the basis of prayer or spiritual means in accordance with the tenets of a church or a religious denomination.

(C) A facility conducted by a religious organization for the purpose of providing health care services exclusively to clergy or other individuals in a religious profession who are members of the religious denomination conducting the facility. Secretary—The Secretary of the Department or the Secretary’s designee. Violation—Each discrete time that a health care facility or employer does not comply with the act. Witness—A person with personal knowledge of an alleged violation of the act.

History

Authority: The provisions of this Chapter 225 issued under section 5 of the Prohibition of Excessive Overtime in Health Care Act (43 P.
Source: The provisions of this Chapter 225 adopted July 18, 2014, effective July 19, 2014, 44 Pa.

34 Pa. Code § 225.3 Complaint and investigation procedure.

(a) Upon receipt of a complaint or its own initiative, the Bureau will investigate alleged violations of the act.

(b) An aggrieved employee who believes there is a violation of this act against him by a health care facility or employer may file a complaint, within 60 days of the violation, with the Bureau.

(1) The name and address of the complainant.

(2) The name and address of the employer against whom the complaint is filed.

(3) A statement of the facts forming the basis of the complaint or conclusion that there has been one or more violations of the act, including the date, time and place of the alleged violation. A complaint may contain multiple violations.

(4) The name of known witnesses.

(5) Other information that may be pertinent to an investigation.

(d) The Bureau will prepare complaint forms that will be available on the Department’s web site at www.dli.state.pa.us. The forms will be available in English and Spanish.

(e) The Bureau will accept complaints that are not placed on the complaint form.

(f) The Bureau will record the date of receipt on a complaint. The Bureau will review and begin investigation of a complaint within 60 days of receipt. If a complaint does not provide the information required under subsection (c), the Bureau will advise the complainant in writing of the procedures necessary to comply with subsection (c) and allow the party 30 days from the date of the Bureau’s letter to provide the required missing information. If the party fails to provide information fully conforming to the requirements of subsection (c), the Bureau may dismiss the complaint and will notify the complainant in writing of the dismissal. The Bureau’s written notification will include a statement of the basis for the Bureau’s dismissal.

(g) All health care facilities and employers shall establish a system for keeping records of circumstances when employees are required to work in excess of an agreed to, predetermined and regularly scheduled daily work shift, or in excess of 40 hours per week. These records shall be kept for 3 years.

History

Authority: The provisions of this Chapter 225 issued under section 5 of the Prohibition of Excessive Overtime in Health Care Act (43 P.
Source: The provisions of this Chapter 225 adopted July 18, 2014, effective July 19, 2014, 44 Pa.

34 Pa. Code § 225.4 Administrative penalties.

(a) The Department may impose any or all of the following penalties under section 6 of the act (43 P. S. § 932.6):

(1) A fine of $100 to $1,000 per violation.

(2) Order a health care facility or employer to take an action which the Department deems necessary to correct a violation of section 3 of the act (43 P. S. § 932.3) or this chapter. Actions ordered may include payment of restitution to employees, directives for compliance with the act such as changes to policy and procedures to ensure future compliance, and directives to remedy unlawful adverse employment decisions as prohibited under section 3(b) of the act. An order will be based on the facts of each individual complaint and practices of the health care facility and employer.

(b) The Department may base administrative penalties on the following factors:

(1) Size of business. The Department will take into consideration the number of employees of the health care facility or employer on the date the violation occurred at the site where the alleged violation occurred.

(2) History of previous violations. The Department will take into consideration the number of assessed violations for the health care facility or employer in a preceding 36-month period. Only violations for which penalties were assessed and which are not subject to further appeal will be included.

(3) Remedial efforts. The Department will consider voluntary remedial efforts designed to prevent future violations and reinforce the importance of compliance with the act.

(4) Degree of cooperation. The Department will also consider an employer’s lack of cooperation with an investigation, an employer’s failure to provide requested information and action which would constitute a lack of effort to abate a violation, such as retaliation.

(5) Length of mandated overtime. The Department will take into consideration the length of the mandated overtime and other factors concerning the severity of the violation.

This section cited in 34 Pa. Code § 225.7 (relating to hearing).

History

Authority: The provisions of this Chapter 225 issued under section 5 of the Prohibition of Excessive Overtime in Health Care Act (43 P.
Source: The provisions of this Chapter 225 adopted July 18, 2014, effective July 19, 2014, 44 Pa.

34 Pa. Code § 225.5 Administrative notice of violation and proposed penalty.

(a) After the completion of an investigation on an alleged violation of the act and upon finding that the act has been violated, the Bureau will issue an administrative decision containing findings and proposed penalties.

(b) The Bureau will serve by first class mail upon the violating health care facility or employer and the complainant a copy of its administrative decision and proposed penalty.

(c) A health care facility or employer served with an administrative decision and proposed penalty may accept the notice and pay the penalty, request a reduction in penalty or contest the administrative decision and proposed penalty under § 225.6 (relating to contesting an administrative decision and proposed penalty).

(d) A request for a reduction in the penalty shall be made in writing to the Bureau within 10 days of the mailing date of the administrative decision and propose an alternative penalty for the Bureau’s consideration setting forth mitigating circumstances. The Bureau will expeditiously act on the request for reduction of the penalty within 10 days of receipt. The filing of a request for reduction does not toll or extend the 30-day period for requesting a hearing under § 225.6. The Bureau will provide notice of the request for reduction in penalty to the complainant.

(e) After the completion of an investigation of alleged violations of the act and upon findings that the act has not been violated, the Bureau will provide written notice to the complainant and the health care facility or employer that the investigation has been closed. The written notice when a violation is not found will include a statement of the reason.

History

Authority: The provisions of this Chapter 225 issued under section 5 of the Prohibition of Excessive Overtime in Health Care Act (43 P.
Source: The provisions of this Chapter 225 adopted July 18, 2014, effective July 19, 2014, 44 Pa.

34 Pa. Code § 225.6 Contesting an administrative decision and proposed penalty.

(a) A health care facility or employer may contest an adverse administrative decision by requesting a hearing.

(b) The health care facility or employer contesting the administrative decision shall file an original and two copies of a written request for a hearing with the Bureau within 30 days of the mailing date of the administrative decision. The hearing request shall be mailed to the Bureau at the address listed on the administrative decision.

(d) An untimely request for a hearing may be dismissed without further action by the Bureau.

(e) Filing of a request for a hearing shall act as a supersedeas of the administrative decision on the violation and proposed penalties.

This section cited in 34 Pa. Code § 225.5 (relating to administrative notice of violation and proposed penalty).

History

Authority: The provisions of this Chapter 225 issued under section 5 of the Prohibition of Excessive Overtime in Health Care Act (43 P.
Source: The provisions of this Chapter 225 adopted July 18, 2014, effective July 19, 2014, 44 Pa.

34 Pa. Code § 225.7 Hearing.

(a) The Secretary will assign the request for a hearing to a hearing officer who will schedule a de novo proceeding. The parties and the complainant will receive written notice of the hearing date, time and place by first class mail at least 30 days prior to the scheduled date of the hearing, unless another method of notification is requested.

(b) The hearing will be conducted in a manner to provide all parties the opportunity to be heard. The hearing officer will not be bound by strict rules of evidence. Relevant evidence of reasonably probative value may be received into evidence. Reasonable examination and cross-examination of witnesses will be permitted.

(d) Testimony will be recorded and a full record kept of the proceeding.

(e) The parties will be provided the opportunity to submit briefs addressing issues raised at the hearing.

(f) The Bureau and the health care facility or employer will be the parties at the hearing.

(g) The Bureau will have the burden of proving by a preponderance of the evidence that the health care facility violated the act and that the proposed penalty is appropriate under the factors in § 225.4(b) (relating to administrative penalties).

(h) To the extent not covered by this chapter, hearings will be governed by 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).

History

Authority: The provisions of this Chapter 225 issued under section 5 of the Prohibition of Excessive Overtime in Health Care Act (43 P.
Source: The provisions of this Chapter 225 adopted July 18, 2014, effective July 19, 2014, 44 Pa.

34 Pa. Code § 225.8 Petition to intervene.

(a) The Bureau and the health care facility or employer will be the parties at the hearing.

(b) A person other than the Bureau and the health care facility or employer may request to intervene in a hearing under the following conditions:

(1) He can demonstrate any of the following:

(i) A right conferred by law.

(ii) An interest which may be so directly affected and which is not adequately represented by the existing parties, and as to which petitioners may be bound by the Department’s actions. The following may have an interest:

(A) Complainants’ union or trade association representatives.

(B) Consumers, patients or other patrons served by the respondent.

(D) Employees of the health care facility or employer.

(E) Competitors of the respondent.

(iii) Any other interest of a nature so that participation of the petitioner may be in the public interest.

(2) The party files a petition to intervene with the hearing officer and the existing parties in the hearing under 1 Pa. Code § 35.29 (relating to form and contents of petitions to intervene) no later than 10 days before the scheduled hearing unless the party shows good cause and there is no prejudice to the existing parties from the late filing. Existing parties may file an answer under 1 Pa. Code § 35.36 (relating to answers to petitions to intervene) within 20 days or other time set by the hearing officer.

(c) The complainant will have the right to intervene by sending a letter or notice to the hearing officer, the Bureau and the health care facility or employer no later than 10 days before the scheduled hearing. The complainant will not be required to demonstrate his basis for intervention as required under subsection (b).

(d) As soon as possible after the time set for filing of answers, the hearing officer will rule on the petition and may grant or deny intervention in whole or in part, or may limit the intervenor’s participation in the hearing. The hearing officer may tentatively grant intervention before the hearing only to avoid detriment to the public interest and if the hearing officer issues a final ruling on intervention before the hearing begins.

(e) A hearing officer will not grant a petition to intervene during a hearing unless good cause is shown for the late filing, the parties have the opportunity to respond or object, and the petition complies with this section.

History

Authority: The provisions of this Chapter 225 issued under section 5 of the Prohibition of Excessive Overtime in Health Care Act (43 P.
Source: The provisions of this Chapter 225 adopted July 18, 2014, effective July 19, 2014, 44 Pa.

34 Pa. Code § 225.9 Adjudications.

(a) The Secretary will issue a written adjudication. The adjudication will include all relevant findings and conclusions, and the rationale for the adjudication.

(b) The adjudication will include a notification to the parties of appeal rights to Commonwealth Court.

This section cited in 34 Pa. Code § 225.10 (relating to further appeal rights).

History

Authority: The provisions of this Chapter 225 issued under section 5 of the Prohibition of Excessive Overtime in Health Care Act (43 P.
Source: The provisions of this Chapter 225 adopted July 18, 2014, effective July 19, 2014, 44 Pa.

34 Pa. Code § 225.10 Further appeal rights.

A party, including an intervenor, aggrieved by an adjudication rendered under § 225.9 (relating to adjudications) may file an appeal to Commonwealth Court within 30 days from mailing of the decision as prescribed by law or rule of court. A direct appeal from an agency adjudication to Commonwealth Court is provided in 42 Pa.C.S. § 763 (relating to direct appeals from government agencies).

History

Authority: The provisions of this Chapter 225 issued under section 5 of the Prohibition of Excessive Overtime in Health Care Act (43 P.
Source: The provisions of this Chapter 225 adopted July 18, 2014, effective July 19, 2014, 44 Pa.

Chapter 231 Minimum Wage

34 Pa. Code § 231.1 Definitions.

(a) Terms used in this chapter shall have the same meaning and be defined in the same manner as in the act.

(b) In addition to the provisions of subsection (a), the following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Minimum Wage Act of 1968 (43 P.S. § § 333.101—333.115). Board—Food furnished on an established schedule. Bona fide training program—One which must involve either formal instruction or on-the-job training during a period when the learner is entrusted with limited responsibility and is under supervision or guidance. Bureau—The Bureau of Labor Law Compliance of the Department. Customarily and regularly—A frequency which must be greater than occasional, but which may be less than constant. Department—The Department of Labor and Industry of the Commonwealth. Domestic services—Work in or about a private dwelling for an employer in the capacity as a householder, as distinguished from work in or about a private dwelling for such employer in the employer’s pursuit of a trade, occupation, profession, enterprise or vocation. Hotel or motel—An establishment which as a whole or part of its business activities offers lodging accommodations for hire to the public, and services in connection therewith or incidental thereto. Hours worked—The term includes time during which an employee is required by the employer to be on the premises of the employer, to be on duty or to be at the prescribed work place, time spent in traveling as part of the duties of the employee during normal working hours and time during which an employee is employed or permitted to work; provided, however, that time allowed for meals shall be excluded unless the employee is required or permitted to work during that time, and provided further, that time spent on the premises of the employer for the convenience of the employee shall be excluded. Labor on a farm—Labor on a farm shall include the following:

(i) The term farm includes stock, dairy, poultry, fur-bearing animal, fruit and truck farms, plantations, orchards, nurseries, greenhouses or other similar structures used primarily in the raising of agricultural or horticultural commodities.

(ii) The term labor on a farm includes the employment of a person on a farm in connection with one of the following:

(A) Cultivating the soil.

(B) Raising or harvesting an agricultural or horticultural commodity, including the raising or hatching of poultry and the raising, shearing, feeding, caring for, training and management of livestock, bees, fur-bearing animals and wildlife.

(D) The operation, management, conservation, improvement or maintenance of a farm and its tools and equipment.

(E) The operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for removing, supplying and storing water for farming purposes. Learner—A person who is participating in a bona fide training program for an occupation in which that person is employed, the required training period for which is recognized to be at least 2 weeks; provided however, that no person may be deemed a learner at an establishment in an occupation for which that person has completed the required training, and in no case may a person be deemed a learner in such an occupation at an establishment after 8 weeks of training, except that a person may be deemed a learner for a longer period if the Secretary finds after investigation that for the particular occupation a minimum of proficiency cannot be acquired in 8 weeks. Lodging—A housing facility available for the personal use of the employee at all hours. Minimum Wage Advisory Board—A Board created in the Department of Labor and Industry under section 6 of the act (43 P.S. § 333.106) regarding the Minimum Wage Advisory Board. Nonprofit organization—A corporation, unincorporated association, community chest, fund or foundation organized and operated exclusively for religious, charitable or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. Public amusement or recreational establishment—An establishment providing amusement, entertainment or recreation as its primary service to the public. The term also includes owners, lessees and concessionaires whose business is incidental to, connected to or a part of the business of the establishment. Amusement or recreational establishments shall be deemed public for the purpose of the act except for those that require as a condition for the use of the establishment one of the following:

(i) Individual membership.

(ii) Satisfaction of criteria fixed by the establishment other than the payment of a nominal fee. Residential employee—An employee who resides and works on the premises of the employer. Secretary—The Secretary of Labor and Industry of the Commonwealth. The term Secretary includes the authorized representative of the Secretary. Service charge—A mandatory fee an employer may charge to a patron for services that an employee renders. Student—An individual who is enrolled in and regularly attends, on a full-time basis during the daytime, an institution of learning offering a course of instruction leading to a degree, certificate or diploma, or who is completing residence requirements for a degree. A person is deemed to be a student during the time that school is not in session if that person was a student during the preceding semester, trisemester or similar term of instruction; provided however, that no person may be deemed a student for a period after the date of receipt of a degree, certificate or diploma. Taxicab driver—An individual employed to drive an automobile equipped to carry no more than seven passengers which is used in the business of carrying or transporting passengers for hire on a zone or meter fare basis and which is not operated over fixed routes, between fixed terminals or under contract. Tip credit—The difference between the statutory minimum wage outlined in section 4 of the act (43 P.S. § 333.104) and the hourly wage paid to tipped employees. Tipped employee—An employee engaged in an operation in which the employee customarily and regularly receives more than $135 a month in tips. Tips—Voluntary monetary contributions received by an employee from a guest, patron, or customer for services rendered. USDOL—The United States Department of Labor. Week—A period of 7 consecutive days starting on any day selected by the employer. Worker with a disability—An individual whose earning capacity for the work to be performed is impaired by physical or mental deficiency or injury.

The provisions of this § 231.1 amended under sections 4(c), 5(a)(5) and 9 of The Minimum Wage Act of 1968 (43 P.S. § § 333.104(c), 333.105(a)(5) and 333.109).

The provisions of this § 231.1 amended May 4, 1979, effective May 5, 1979, 9 Pa.B. 1467; corrected March 3, 1995, effective March 5, 1994, 25 Pa.B. 765; amended October 2, 2020, effective October 3, 2020, 50 Pa.B. 5459; amended May 6, 2022, effective in 90 days, 52 Pa.B. 2701. Immediately preceding text appears at serial pages (402594) to (402596) and (368151).

Domestic Services Exemption

The minimum wage and overtime pay exemption in The Minimum Wage Act of 1968 (43 P. S. § § 333.101—333.115) (MWA) applies only to domestic services provided by employees of a householder employer and is not preempted by the Fair Labor Standards Act of 1938 (29 U.S.C.A. § § 201—219) which exempts employees of third party employers. The regulatory definition tracks the MWA’s meaning and does not violate legislative intent. Bayada Nurses v. Commonwealth, Dep’t of Labor, 958 A.2d 1050 (Pa. Cmwlth. 2008).

Overtime

Determinations of what constitutes overtime must be decided under a collective bargaining agreement and not on the regulation alone. Pennsylvania Federation of BMWE v. National RR Passenger Corp., 989 F.2d 112 (3rd Cir. Pa. 1993), cert. denied 114 S. Ct. 85 (U. S. 1993).

This section cited in § 231.114 (relating to service charges).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.11 Scope.

This chapter applies to employees and classes of employment not excluded, excepted or exempted from application of the act under section 3, 4 or 5 of the act (43 P. S. § § 333.103—333.105).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.12 Penalty.

An employer or his agent or the officer or agent of a corporation who violates this chapter or who interferes with the Secretary in the enforcement of this chapter shall, upon conviction, be punished in accordance with section 12(c) of the act (43 P. S. § 333.112(c)).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.21 Rule.

(a) Every employee shall pay the minimum wage rate specified in section 4(a) of the act (43 P. S. § 333.104(a)) subject to exclusions and exemptions as provided in the act and in this chapter.

(b) The minimum wage shall be paid for hours worked, regardless of the frequency of payment and regardless of whether the wage is paid on an hourly, salaried, or commissioned, piece rate, or any other basis. Where an employee works off the premises of the employer under circumstances which prevent adequate supervision by the employer, or in the case of a residential employee, the Secretary will approve any reasonable agreement between the employer and employee for determining hours worked.

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.22 Deductions and allowances.

(a) Wages paid to an employee include the reasonable cost of board, lodging and other facilities if the board, lodging or other facilities are customarily furnished by the employer to the employee; provided however, that in no event shall the cost of the deductions and allowances exceed their actual cost, exclusive of profit, to the employer.

(b) An allowance or deduction for lodging shall be permitted as part payment of the minimum wage only when the facility affords the employee reason able space, privacy, sanitation, heat, light and ventilation. Facilities shall be open to inspection by an authorized representative of the Secretary at any reasonable time.

(c) Deductions and allowances shall be made known to the employee and agreed to by the employee at the time of hiring. In addition, adjustments to the deductions and allowances shall be made known to the employee prior to the making of the adjustments.

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.23 Commission.

When an employee is compensated solely on a commission basis, when an employee is paid in accordance with a plan providing for a base rate plus commission, or when the earnings of an employee are derived in whole or in part on the basis of an incentive plan, the wage paid weekly to the employee shall for each hour worked at least equal the applicable minimum rate set forth in section 4(a) of the act (43 P. S. § 333.104(a)).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.31 Contents of record.

(a) Every employer shall keep a true, accurate and legible record for each employee. The records shall be preserved for a period of 3 years from date of last entry and shall contain the following information:

(1) Name in full, and on the same record, the identifying symbol of the employee or number, if such is used in place of name on time, work or payroll records.

(2) Home address including zip code.

(3) Regular hourly rate of pay.

(4) Occupation.

(5) Time and day that the workweek begins. If the employee is part of a work force or employed in or by an establishment where all workers have a work week beginning at the same time on the same day, a single notation of the time of the day and beginning day of the workweek for all workers shall suffice.

(6) The number of hours worked daily and weekly.

(7) Total daily or weekly straight time wages, that is, the total wages due for hours worked during the workweek, including all wages due during any overtime worked but exclusive of overtime excess compensation.

(8) Total overtime excess compensation for the workweek, that is, the excess compensation for overtime worked, which amount is over and above all straight time earnings or wages also earned during overtime worked.

(9) Total additions to or deductions from wages paid each pay period. Every employer making additions to or deductions from wages shall also maintain, in individual employee’s accounts, a record of the dates, amounts and nature of the items which make up the total additions and deductions.

(10) Allowances, if any, claimed as part of the minimum wage.

(11) Total wages paid each pay period.

(12) Date of payment and the pay period covered by payment.

(13) Special certificates for students and learners as set forth in section 4(b) of the act (43 P. S. § 333.104(b)).

(b) Where microfilm or another method is used for recordkeeping purposes, employers who use the microfilm or another method shall make available to authorized representatives of the Department the equipment which is necessary to facilitate review of the record.

(c) Where records are maintained at a central recordkeeping office other than in the place of employment, the records shall be made available for inspection at the place of employment within 7 calendar days following verbal or written notice from the Secretary or the authorized representative of the Secretary. The records shall be maintained for a period of 3 years from date of last entry.

This section cited in 34 Pa. Code § 231.32 (relating to exception); 34 Pa. Code § 231.95 (relating to employee incentive account); and 34 Pa. Code § 231.96 (relating to writing required).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.32 Exception.

With respect to persons employed in a bona fide executive, administrative or professional capacity or in the capacity of outside salesman, as defined in this chapter, employers shall maintain and preserve records containing the information and data required by § 231.31 (relating to contents of records) except § 231.31(a)(3) and (5)—(8) and containing the basis on which wages are paid. This may be shown as ‘‘$435 mos.,’’ ‘‘$115 wk.,’’ or ‘‘on fee.’’

This section cited in 34 Pa. Code § 231.96 (relating to writing required).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.33 Students.

(a) For each individual for whom student status is claimed the records of an employer shall contain a statement from the school which the student attends indicating one of the following:

(1) The student is a full-time day student and the course of instruction is one leading to a degree, diploma or certificate.

(2) The student is completing residence requirements for a degree.

This section cited in 34 Pa. Code § 231.96 (relating to writing required).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.34 Tipped employees.

Supplementary to the provisions of any section of this chapter pertaining to the payroll records to be kept with respect to employees, every employer shall also maintain and preserve payroll or other records containing the following additional information with respect to each tipped employee whose wages are determined under section 3(d) of the act (43 P.S. § 333.103(d)):

(1) A symbol or letter placed on the pay records identifying each employee whose wage is determined in part by tips.

(2) Weekly or monthly amount reported by the employee, to the employer, of tips received. This may consist of reports made by the employees to the employer on IRS Form 4070.

(3) Amount by which the wages of each tipped employee have been deemed to be increased by tips, as determined by the employer. The amount per hour which the employer takes as a tip credit shall be reported to the employee in writing each time it is changed from the amount per hour taken in the preceding week. An employee failing or refusing to report to the employer the amount of tips received in any workweek shall not be permitted to show that the tips received were less than the amount determined by the employer in the workweek.

(4) Hours worked each workday in any occupation in which the tipped employee does not receive tips and total daily or weekly straight-time payment made by the employer for such hours.

(5) Hours worked each workday in occupations in which the employee received tips and total daily or weekly straight-time earnings for the hours.

(6) For employers who implement tip pools, the names and position of each participant in the tip pool and the amount distributed to each participant in the tip pool.

The provisions of this § 231.34 amended under sections 4(c) and 9 of The Minimum Wage Act of 1968 (62 P.S. § § 333.104(c) and 333.109).

The provisions of this § 231.34 amended May 4, 1979, effective May 5, 1979, 9 Pa.B. 1467; amended May 6, 2022, effective in 90 days, 52 Pa.B. 2701. Immediately preceding text appears at serial pages (368153) to (368154).

This section cited in 34 Pa. Code § 231.96 (relating to writing required).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.35 Inspection.

Payroll records of an employer shall be open to inspection by an authorized representative of the Secretary at a reasonable time. Employers shall permit an authorized representative of the Secretary to interrogate an employee in the place of employment and during work hours, with respect to the wages paid to and the hours worked by the employee or other employees.

This section cited in 34 Pa. Code § 231.96 (relating to writing required).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.36 Statement to employee.

Every employer shall furnish to each employee a statement with every payment of wages, listing hours worked, rates paid, gross wages, allowances, if any, claimed as part of the minimum wage, deductions and net wages.

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.37 Posting.

Every employer covered by this chapter shall post, in a conspicuous place in the establishment of the employer, a summary of the act and this chapter.

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.41 Rate.

Except as otherwise provided in section 5(a)—(c) of the act (43 P. S. § 333.105(a)—(c)), each employee shall be paid for overtime not less than 1-1/2 times the employee’s regular rate of pay for all hours in excess of 40 hours in a workweek.

This section cited in 34 Pa. Code § 231.43 (relating to regular rate).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.42 Workweek.

The term workweek shall mean a period of 7 consecutive days starting on any day selected by the employer. Overtime shall be compensated on a workweek basis regardless of whether the employee is compensated on an hourly wage, monthly salary, piece rate or other basis. Overtime hours worked in a workweek may not be offset by compensatory time off in any prior or subsequent workweek.

This section cited in 34 Pa. Code § 231.43 (relating to regular rate).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.43 Regular rate.

(a) For purposes of these § § 231.41—231.43 (relating to overtime pay), the regular rate at which an employee is employed shall be deemed to include all remuneration for employment paid to or on behalf of the employee, but it shall not be deemed to include the following:

(1) Sums paid as gifts, payments in the nature of gifts made during any holiday or on other special occasions as a reward for service, the amounts of which are not measured by or dependent on hours worked, production or efficiency.

(2) Payments made for occasional periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work or other similar cause, reasonable payments for traveling expenses or other expenses incurred by an employee in the furtherance of the employer’s interests and properly reimbursable by the employer, and other similar payments to an employee which are not made as compensation for the employee’s hours of employment.

(3) Sums paid in recognition of services performed during a given period if:

(i) Both the fact that payment is to be made and the amounts of the payment are determined at the sole discretion of the employer at or near the end of the period and not pursuant to any prior contract, agreement or promise causing the employee to expect such payments regularly.

(ii) The payments are made pursuant to a bona fide profit-sharing plan or trust or bona fide thrift or savings plan without regard to hours of work, production or efficiency.

(iii) The payments are talent fees paid to performers, including announcers on radio and television programs.

(4) Contributions irrevocably made by an employer to a trustee or third person under a bona fide plan for providing old-age, retirement, life, accident or health insurance or similar benefits for employees.

(5) Extra compensation provided by a premium rate for certain hours worked by the employee in any day or workweek because such hours are hours worked in excess of 8 in a day or in excess of the maximum workweek applicable to the employee under § 231.41 (relating to rate) or in excess of the normal working hours or regular working hours of the employee, as the case may be.

(6) Extra compensation provided by a premium rate paid for work by the employee on Saturdays, Sundays, holidays or regular days of rest, or on the sixth or seventh day of the workweek, where such premium rate is not less than 1 1/2 times the rate established in good faith for like work performed in nonovertime hours on other days.

(7) Extra compensation provided by a premium rate paid to the employee in pursuance of an applicable employment contract or collective bargaining agreement for work outside of the hours established in good faith by the contract or agreement as the basic, normal or regular workday not exceeding 8 hours or workweek not exceeding the maximum workweek applicable to the employee under § 231.41 (relating to rate), where the premium rate is not less than 1 1/2 times the rate established in good faith by the contract or agreement for like work performed during the workday or workweek.

(b) If the employee is paid a flat sum for a day’s work or for doing a particular job without regard to the number of hours worked in the day or at the job and if the employee receives no other form of compensation for services, the employee’s regular rate is determined by totaling all the sums received at the day rates or job rates in the workweek and dividing by the total hours actually worked. The employee is then entitled to extra half-time pay at this rate for hours worked in excess of 40 in the workweek.

(c) No employer may be deemed to have violated these § § 231.41—231.43 (relating to overtime pay) by employing an employee for a workweek in excess of the maximum workweek applicable to the employee under § 231.41 (relating to rate) if the employee is employed under a bona fide individual contract or under an agreement made as a result of collective bargaining by representatives of employees, if the duties of the employee necessitate substantially irregular hours of work. For example, where neither the employee nor the employer can either control or anticipate with a degree of certainty the number of hours the employee must work from week to week, where the duties of the employee necessitate significant variations in weekly hours of work both below and above the statutory weekly limit on nonovertime hours, or where the substantially irregular hours of work are not attributable to vacation periods, holidays, illness, failure of the employer to provide sufficient work, or other similar causes, and the contract or agreement:

(1) Specifies a regular rate of pay of not less than the minimum hourly rate and compensation at not less than 1 1/2 times the rate for hours worked in excess of the maximum workweek.

(2) Provides a weekly guaranty of pay for not more than 60 hours based on the rates so specified.

(d) No employer may be deemed to have violated these § § 231.41—231.43 by employing an employee for a workweek in excess of the maximum workweek applicable to the employee under § 231.41 if, under an agreement or understanding arrived at between the employer and the employee before performance of the work, the amount paid to the employee for the number of hours worked by the employee in the workweek in excess of the maximum workweek applicable to the employee under § 231.41:

(1) In the case of an employee employed at piece rates, is computed at piece rates not less than 1 1/2 times the bona fide piece rates applicable to the same work when performed during nonovertime hours.

(2) In the case of an employee’s performing two or more kinds of work for which different hourly or piece rates have been established, is computed at rates not less than 1 1/2 times the bona fide rate applicable to the same work when performed during nonovertime hours.

(3) Is computed at a rate not less than 1 1/2 times the rate established by the agreement or understanding as the basic rate to be used in computing overtime compensation thereunder; and if the average hourly earnings of the employee for the workweek, exclusive of payments described in subsection (a)(1)—(7), are not less than the minimum hourly rate required by applicable law and if extra overtime compensation is properly computed and paid on other forms of additional pay required to be included in computing the regular rate.

(e) Extra compensation paid as described in subsection (a)(5)—(7) shall be creditable toward overtime compensation payable under these § § 231.41—231.43 (relating to overtime pay).

(f) No employer may be deemed to have violated these § § 231.41—231.43 by employing an employee of a retail or service establishment for a workweek in excess of 40 hours if:

(1) The regular rate of pay of the employee is in excess of 1 1/2 times the minimum hourly rate applicable.

(2) More than half of the employee’s compensation for a representative period, not less than 1 month, represents commissions on goods or services. In determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate shall be deemed commissions on goods or services without regard to whether the computed commissions exceed the draw or guarantee.

(g) The regular rate for salaried employees who are not exempt from overtime is the amount of remuneration determined under subsection (a) divided by 40 hours.

The provisions of this § 231.43 amended under sections 4(c) and 9 of The Minimum Wage Act of 1968 (62 P.S. § 333.104(c) and 333.109).

The provisions of this § 231.43 amended May 6, 2022, effective in 90 days, 52 Pa.B. 2701. Immediately preceding text appears at serial pages (368155) to (368158).

Daily Basis

By its very terms, this regulation applies to those employees whose salaries are quoted on a daily basis. These plaintiffs received a salary computed on a biweekly basis, so the regulation does not apply to them. This regulation simply does not apply to all Pennsylvania employees who receive a fixed annual salary. Friedrich v. U. S. Computer Systems, Inc., # 90-1615, 3 Wage & Hour Cas. 2d (BNA) 181 (January 23, 1996).

Flat Sum

The placement of the disjunctives in subsection (b) of this regulation makes it applicable to two classes of employees. First, it applies to employees ‘‘paid a flat sum for a day’s work . . . without regard to the number of hours worked in the day . . .’’ Second, it applies to employees ‘‘paid a flat sum . . . for doing a particular job without regard to the number of hours worked . . . at the job.’’ Friedrich v. U. S. Computer Systems, Inc., # 90-1615, 3 Wage & Hour Cas. 2d (BNA) 181 (January 23, 1996).

Hourly Wages

The computer field engineers’ argument that they were hourly workers and entitled to overtime compensation failed when they were paid biweekly according to a 2-week pro rata proportion of their annual salaries and, therefore, this section was inapplicable. Friedrich v. U. S. Computer Services, Inc., 833 F.Supp. 470 (E. D. PA 1993); affirmed 187 F.3d 625 (3d Cir. Pa. 1999).

Particular Job

The term ‘‘particular’’ in this regulation presumably encompasses employees who perform duties as independent contractors, working on specific, discrete projects such as painting, construction or other services. Friedrich v. U. S. Computer Systems, Inc., # 90-1615, 3 Wage & Hour Cas. 2d (BNA) 181 (January 23, 1996).

This section cited in 34 Pa. Code § 231.114 (relating to service charges).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.51 Procedure.

An employer who wishes to employ a learner at less than the prescribed minimum wage must complete an application on a form furnished by the Secretary containing the following information:

(1) Occupation at which learners are to be employed.

(2) Duration of learning period during which the employer proposes to pay a wage less than the prescribed minimum.

(3) The nature and extent of the instruction and supervision.

(4) The number of regular employees employed by the employer in the occupation involved.

(5) Other information as may be required by the Secretary.

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.52 Special certificate.

If the Secretary finds that the requested employment of learners in a given occupation at less than the minimum wage is necessary in order to prevent curtailment of opportunities for employment, the Secretary may issue a certificate to the employer authorizing employment at less than the prescribed minimum wage; provided however, that the wage may not be less than 85% of the otherwise applicable minimum wage established in section 4 of the act (43 P. S. § 333.104). The certificate may limit the number of learners and proportion of learners to nonlearners. The wage specified on the certificate shall constitute the minimum wage for learners in the particular occupation at the establishment named therein.

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.53 Posting of special certificate.

A copy of the special certificate and evidence that the employee is a learner shall be retained at the place of employment and be made available for inspection by the Secretary for a period of not less than 3 years after termination of employment of learners.

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.54 Denial of an application for a special certificate.

An application for a special certificate may be denied, or the special certificate may be revoked by the Secretary for misrepresentation of facts in the application, for violation of the act or for other good cause shown. In addition, the certificate may be modified because of changes in conditions or circumstances.

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.61 Procedure.

(a) An employer who wishes to employ students at less than the prescribed minimum wage shall complete an application on a form furnished by the Secretary.

(b) If the Secretary finds that the requested employment of students at less than the minimum wage is necessary in order to prevent curtailment of opportunities for employment, the Secretary may issue a certificate to the employer authorizing employment at a wage less than the prescribed minimum rate; provided however, that the wage may not be less than 85% of the otherwise applicable minimum wage established in section 4 of the act (43 P. S. § 333.104).

(1) Six or less students. The employment of six or less students at less than the minimum hourly wage may not create a substantial probability of reducing the full-time employment opportunities for other workers nor shall it impair or depress the wage rates or working standards established for other workers engaged in work of the same or comparable nature.

(2) Seven or more students. If employment of students at subminimum wages increases to seven or more students, then the employer must file a new application for the appropriate certificate to hire seven or more students. To qualify for the certificate to hire seven or more students, the employer must maintain a ratio of at least three regular employees to each student employed.

(d) Students are permitted to work on a part-time basis, but not in excess of 20 hours in any workweek at the subminimum wage rate during the school term, except that when school is not in session the weekly limitation on the maximum number of hours which may be worked at the subminimum rate may be increased by 8 hours for each holiday, but in no event for more than 40 hours a week.

(e) A copy of the certificate permitting the employment of students at the student rate shall be retained at the place of employment and be made available for inspection by the Secretary for not less than 3 years after termination of employment of students.

The provisions of this § 231.61 amended May 4, 1979, effective May 5, 1979, 9 Pa.B. 1467. Immediately preceding text appears at serial page (32192).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.62 Denial of application for special certificate.

An application for a special certificate may be denied or the special certificate may be revoked by the Secretary for misrepresentation of facts in the application, for violation of the act, or for other good cause shown. In addition, the certificate may be modified because of changes in conditions or circumstances.

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.71 Procedure.

(a) An employer who wishes to employ workers with a disability at less than the prescribed minimum wage shall complete an application on forms furnished by the Secretary.

(b) The application shall set forth the following information:

(1) The nature of the disability in detail.

(2) A description of the occupation at which the worker with a disability is to be employed.

(3) The wage the employer proposes to pay the worker with a disability per hour.

(4) Other information as may be required by the Secretary.

(c) The application shall be signed jointly by the employer and the worker with a disability for whom such application is being made, except as otherwise authorized by the Secretary.

The provisions of this § 231.71 amended under sections 5(a)(5) and 9 of The Minimum Wage Act of 1968 (43 P.S. § § 333.105(a)(5) and 333.109).

The provisions of this § 231.71 amended October 2, 2020, effective October 3, 2020, 50 Pa.B. 5459. Immediately preceding text appears at serial pages (368160) to (368161).

This section cided in 34 Pa. Code § 231.73 (relating to special certificate).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.72 Conditions for granting certificate.

A certificate may be issued if the application is in proper form and sets forth facts showing that:

(1) The disability impairs the earning capacity of the worker for the work the employee is to perform.

(2) The proposed minimum wage is commensurate with the production capacity of the employee.

The provisions of this § 231.72 amended under sections 5(a)(5) and 9 of The Minimum Wage Act of 1968 (43 P.S. § § 333.105(a)(5) and 333.109).

The provisions of this § 231.72 amended October 2, 2020, effective October 3, 2020, 50 Pa.B. 5459. Immediately preceding text appears at serial page (368161).

This section cited in 34 Pa. Code § 231.73 (relating to special certificate).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.73 Special certificate.

If the application and other available information indicate that the requirements of these § § 231.71—231.76 (relating to employment of workers with a disability) are satisfied, the Secretary will issue a certificate. If issued, copies of the certificate will be mailed to the employer and the worker with a disability, and if the certificate is not issued, the employer and the worker with a disability will be given written notice of the denial.

The provisions of this § 231.73 amended under sections 5(a)(5) and 9 of The Minimum Wage Act of 1968 (43 P.S. § § 333.105(a)(5) and 333.109).

The provisions of this § 231.73 amended October 2, 2020, effective October 3, 2020, 50 Pa.B. 5459. Immediately preceding text appears at serial page (368161).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.74 Specifications of the certificate.

(a) A certificate will specify, among other things, the name of the worker with a disability, the name of the employer, the occupation in which the worker with a disability is to be employed, the authorized subminimum wage rate and the period of time during which such wage rate may be paid.

(b) A certificate shall be effective for a period to be designated by the Secretary. The worker with a disability employed under the certificate may be paid subminimum wages only during the effective period of the certificate.

(c) The wage rate set in the certificate will be fixed at a figure designated to reflect adequately the earning capacity of the worker with a disability.

(d) A money received by a worker with a disability by reason of a state or Federal pension or compensation program for persons with a disability may not be considered as offsetting any part of the wage due the worker with a disability by the employer.

(e) Except as otherwise provided in section 5(a)—(c) of the act (43 P.S. § 333.105(a)—(c)), the worker with a disability shall be paid not less than 1 1/2 times the regular rate for hours worked in excess of 40 in the workweek.

(f) The terms of a certificate, including the subminimum wage rate specified therein, may be amended by the Secretary upon written notice to the parties concerned if the facts justify the amendment.

The provisions of this § 231.74 amended under sections 5(a)(5) and 9 of The Minimum Wage Act of 1968 (43 P.S. § § 333.105(a)(5) and 333.109).

The provisions of this § 231.74 amended October 2, 2020, effective October 3, 2020, 50 Pa.B. 5459. Immediately preceding text appears at serial pages (368161) to (368162).

This section cited in 34 Pa. Code § 231.73 (relating to special certificate).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.75 Renewal of certificate.

Application for renewal of a certificate shall be filed in the same manner as an original application. If the application has been filed prior to the expiration date of the certificate, the certificate shall remain in effect until the application for renewal has been granted or denied.

This section cited in 34 Pa. Code § 231.73 (relating to special certificate).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.76 Denial of application for special certificate.

An application for a special certificate may be denied, or the special certificate may be revoked by the Secretary, for misrepresentation of facts in the application, for violation of the act, or for other good cause shown. In addition, the certificate may be modified because of changes in conditions or circumstances.

This section cited in 34 Pa. Code § 231.73 (relating to special certificate).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.81 Definitions.

The term outside salesmen, executive, administrative and professional capacity shall be defined in these § § 231.81—231.85 (relating to special definitions), and employment in those classifications shall be exempt from both the minimum wage and overtime provisions of the act.

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.82 {Abrogated}.

The provisions of this § 231.82 amended under sections 5(a)(5) and 9 of The Minimum Wage Act of 1968 (43 P.S. § § 333.105(a)(5) and 333.109); abrogated under section 2215.1 of The Administrative Code of 1929 (71 P.S. § 575.1).

The provisions of this § 231.82 amended October 2, 2020, effective October 3, 2020, 50 Pa.B. 5459; abrogated July 9, 2021 (71 P.S. § 575.1). Immediately preceding text appears at serial pages (413353) to (413354).

This section cited in 34 Pa. Code § 231.81 (relating to definitions).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.83 {Abrogated}.

The provisions of this § 231.83 amended under sections 5(a)(5) and 9 of The Minimum Wage Act of 1968 (43 P.S. § § 333.105(a)(5) and 333.109); abrogated under section 2215.1 of The Administrative Code of 1929 (71 P.S. § 575.1).

The provisions of this § 231.83 amended October 2, 2020, effective October 3, 2020, 50 Pa.B. 5459; abrogated July 9, 2021 (71 P.S. § 575.1). Immediately preceding text appears at serial pages (413354) to (413355).

This section cited in 34 Pa. Code § 231.81 (relating to definitions).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.84 {Abrogated}.

The provisions of this § 231.84 amended under sections 5(a)(5) and 9 of The Minimum Wage Act of 1968 (43 P.S. § § 333.105(a)(5) and 333.109); abrogated under section 2215.1 of The Administrative Code of 1929 (71 P.S. § 575.1).

The provisions of this § 231.84 amended October 2, 2020, effective October 3, 2020, 50 Pa.B. 5459; abrogated July 9, 2021 (71 P.S. § 575.1). Immediately preceding text appears at serial pages (413356) and (411781).

This section cited in 34 Pa. Code § 231.81 (relating to definitions).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.85 Outside salesman.

Outside salesman means an employee who is employed for the purpose of and who is customarily and regularly engaged more than 80% of work time away from the employer’s place or places of business in the following manner:

(1) Making sales, including any sale, exchange, contract to sell, consignment for sale, or other disposition or selling, and delivering articles or goods.

(2) Obtaining orders or contracts for the use of facilities for which a consideration will be paid by the client or customer. In addition, the employee may not spend more than 20% of the hours worked in any week in work of a nature not directly related to and in conjunction with the making of sales; provided however, that work performed incidental and in conjunction with the employee’s own outside sales or solicitations, including incidental deliveries and collections, shall be not regarded as nonexempt work.

This section cited in 34 Pa. Code § 231.81 (relating to definitions).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.101a Minimum wage increase.

(a) Under section 4(a.1) of the act (43 P.S. § 333.104(a.1)), an employer shall pay at least $7.25 an hour to all employees for all hours worked subject to exclusions and exemptions contained in the act and this chapter.

(b) The minimum wage for tipped employees is $2.83 per hour under section 3(d) of the act (43 P.S. § 333.103(d)) with all of the following conditions:

(1) An employer shall pay the difference when the employee’s tips plus the hourly wage for tipped employees does not meet the minimum wage contained in subsection (a) in this Commonwealth.

(2) The tip credit applies only if an employee received over $135 in tips for a month.

The provisions of this § 231.101a added under sections 4(c) and 9 of The Minimum Wage Act of 1968 (62 P.S. § § 333.104(c) and 333.109).

The provisions of this § 231.101a added May 6, 2022, effective in 90 days, 52 Pa.B. 2701.

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.102 Small businesses.

(a) Under section 5(c) of the act (43 P.S. § 333.105(c)), an employer who has an employee complement comprised of the equivalent of ten or less full-time employees shall pay the following wage rates to all employees for all hours worked subject to exclusions and exemptions contained in the act and in this chapter:

(1) Until December 31, 2006, $5.15 an hour.

(2) Beginning January 1, 2007, $5.65 an hour.

(3) Beginning July 1, 2007, $6.65 an hour.

(4) Beginning July 1, 2008, $7.15 an hour.

(5) Beginning July 24, 2009, $7.25 an hour.

(b) The equivalent of ten or less full-time employees is calculated on a 40-hour workweek. A workweek is a period of 7 consecutive days starting on any day selected by the employer.

(c) If the total number of hours worked by all employees in a workweek exceeds 400 hours, the employer may not utilize the minimum wage contained in subsection (a). All of the following also applies:

(1) An employer may be ineligible for the minimum wage contained in subsection (a) if the total hours worked is less than 400 hours per workweek if the employer classifies employees as full-time and the employees work less than 40 hours per week according to the employer’s customary and regular practices.

(2) An employer’s customary and regular practice is the employer’s normal practice over time for scheduling and payment of employees.

(d) An owner is not considered an employee under this section. An employee includes all of the following:

(1) A manager.

(2) A supervisor.

(3) An officer.

(4) An individual employed by the employer.

(e) An employer is any individual, partnership, association, corporation, business trust or any person or groups of persons acting, directly or indirectly, in the interest of an employer in relation to any employee.

The provisions of this § 231.102 adopted October 27, 2006, effective October 28, 2006, 36 Pa.B. 6547; amended September 7, 2007, effective September 8, 2007, 37 Pa.B. 4880. Immediately preceding text appears at serial pages (323200) to (323201).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.103 Training wage.

(a) Under section 4(e) of the act (43 P.S. § 333.104(e)), an employer may pay a 60-day training wage to an employee under 20 years of age based upon the minimum wage required under section 6(a) of the Fair Labor Standards Act (29 U.S.C.A. § 206(a)).

(1) The training wage under section 4(e) of the act is as follows:

(i) Until July 23, 2007, $5.15 an hour.

(ii) Beginning July 24, 2007, $5.85 an hour.

(iii) Beginning July 24, 2008, $6.55 an hour.

(2) The training wage may not be utilized after July 23, 2009. An employer shall pay the minimum wage of $7.25 to all employees subject to exclusions contained in the act commencing on July 24, 2009.

(b) An employer may pay an employee the training wage up to the day before the employee’s 20th birthday. On and after an employee’s 20th birthday, the employer shall increase the employee’s pay to the minimum wage required under § 231.101 (relating to minimum wage increase) even if the 60-day period has not expired.

(1) The 60-day period starts on the first day of work.

(2) The 60-day period is counted as consecutive calendar days and not as days worked or business days.

(3) A break in employment does not affect the calculation of the 60-day period of eligibility and does not allow the employer to restart the 60-day period.

(4) An employee under 20 years old may be paid the training wage for up to 60 consecutive calendar days after initial employment with any employer and not just the first employer who hired the employee.

(5) An employee eligible for the training wage may be employed at the same time by more than one employer if the employers are separate and distinct.

(6) An employee may be initially employed only once by any one employer even if there are breaks in employment.

(d) An employer shall notify an employee at the time of hire of the training wage under this section and the right to receive the Pennsylvania minimum wage contained in § 231.101 after 60 calendar days or at the employee’s 20th birthday if the employer utilizes this training wage.

(e) An employer may not take any action to displace or partially displace an existing employee to allow hiring of persons eligible for the training wage under this section. This includes any of the following:

(1) Reducing an employee’s hours.

(2) Reducing an employee’s wages or employment benefits.

(f) An employer may not do any of the following:

(1) Utilize the exclusions and exemptions contained in the act and this chapter if the employer is paying an employee the training wage under this section.

(2) Utilize the wage payment exclusions and exemptions of the act and this chapter for an employee when the 60-day training period has concluded or when the employee is ineligible for the training wage under this section. The employer shall pay the employee the minimum wage required under § 231.101 when the 60-day training period concludes or when the employee is ineligible for the training wage.

(g) An employer is not required to provide training to an employee paid the training wage under this section.

The provisions of this § 231.103 adopted October 27, 2006, effective October 28, 2006, 36 Pa.B. 6547; amended September 7, 2007, effective September 8, 2007, 37 Pa.B. 4880. Immediately preceding text appears at serial pages (323201) to (323202).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.111 Tip credit for non-tipped duties.

The USDOL standards for tipped employees at 29 CFR 531.56 (relating to ‘‘more than $30 a month in tips’’) in effect as of May 7, 2022, are incorporated by reference with the exception of subsection (f)(4)(ii).

The provisions of this § 231.111 added under sections 4(c) and 9 of The Minimum Wage Act of 1968 (62 P.S. § § 333.104(c) and 333.109).

The provisions of this § 231.111 added May 6, 2022, effective in 90 days, 52 Pa.B. 2701.

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.112 Tip pooling.

(a) The USDOL standards for tipped employees at 29 CFR 531.54 (relating to tip pooling) in effect as of May 7, 2022, are incorporated by reference.

(b) At or before the time the employer makes an employment offer or at least one pay period before the tip pooling arrangement takes effect, an employer shall provide affected employees written notice of the tip pooling arrangement.

The provisions of this § 231.112 added under sections 4(c) and 9 of The Minimum Wage Act of 1968 (62 P.S. § § 333.104(c) and 333.109).

The provisions of this § 231.112 added May 6, 2022, effective in 90 days, 52 Pa.B. 2701.

This section cited in 34 Pa. Code § 231.113 (relating to credit card and other processing fees).

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.113 Credit card and other processing fees.

(a) An employer that permits patrons to pay tips by credit card or other non-cash forms of payment shall pay the tipped employee the full amount of the tip authorized by the patron and may not deduct credit card payment or other processing fees or costs that the credit card or other company may charge to the employer.

(b) An employer that permits patrons to pay tips by credit card or other non-cash forms of payment may not deduct credit card payment or other processing fees or costs before distributing tips under a tip pooling arrangement allowed under § 231.112 (relating to tip pooling).

The provisions of this § 231.113 added under sections 4(c) and 9 of The Minimum Wage Act of 1968 (62 P.S. § § 333.104(c) and 333.109).

The provisions of this § 231.113 added May 6, 2022, effective in 90 days, 52 Pa.B. 2701.

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

34 Pa. Code § 231.114 Service charges.

(a) An employer that charges for the administration of a banquet, special function or package deal shall notify patrons of this charge by providing notice:

(1) In the statement in a contract or agreement with the patron; and

(2) On any menu provided to the patron.

(b) The notice required by subsection (a) must state that the administrative charge is for administration of the banquet, special function or package deal and does not include a tip to be distributed to the employees who provided service to the guests.

(c) When an employer chooses to charge for the administration of the banquet, special function or package deal, any billing statement must contain separate lines for service charges and tips.

(d) An employer may distribute a service charge to its employees. The amount distributed to employees must count as remuneration in accordance with § 231.43(a) (relating to regular rate) but may not count as a tip in accordance with § 231.1 (relating to definitions).

The provisions of this § 231.114 added under sections 4(c) and 9 of The Minimum Wage Act of 1968 (62 P.S. § § 333.104(c) and 333.109).

The provisions of this § 231.114 added May 6, 2022, effective in 90 days, 52 Pa.B. 2701.

History

Authority: The provisions of this Chapter 231 issued under The Minimum Wage Act of 1968 (43 P.
Source: The provisions of this Chapter 231 adopted March 18, 1977, effective March 19, 1977, 7 Pa.

Part XIII Worker and Community Right-to-Know Act

Chapter 301 Jurisdiction, Definitions, Exemptions and Administrative Matters

34 Pa. Code § 301.1 Purpose and scope.

This chapter implements the jurisdictional and other requirements under sections 18 and 19 of the act (35 P. S. § § 7318 and 7319). In addition, this chapter sets forth the effective dates of this part under section 22 of the act (35 P. S. § 7322).

History

Source: The provisions of this Chapter 301 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 301.2 Definitions.

The following words and terms when used in this part, have the following meanings, unless the context clearly indicates otherwise: Act—The Worker and Community Right-to-Know Act (35 P. S. § § 7301—7320). Article—A manufactured item which is formed to a specific shape or design during manufacture, which has end use functions dependent in whole or in part upon its shape or design during end use and which does not release, or otherwise result in exposure to, a hazardous chemical under normal conditions of use. Chemical—An element, substance, chemical compound or a mixture of elements, substances or compounds. The term does not include an article, a food, drug or cosmetic as defined in the Federal Food, Drug and Cosmetic Act (21 U.S.C.A. § 321). The term does not include cosmetics, tobacco or products which are primarily intended for sale on the retail market to the general public and are sealed in the packages to be used therewith. Chemical Abstracts Service number—The unique identification number assigned by the Chemical Abstracts Service to chemicals. Chemical identification sheet (CIS)—A written document, prepared under the act, which contains, in the case of a hazardous mixture, the identity by chemical name, common name and Chemical Abstracts Service number; special hazardous substances comprising 0.01% or more of the mixture and hazardous substances comprising 1.0% or more of the mixture; and other substances comprising 3.0% more of the mixture. Chemical name—The scientific designation of a chemical under the nomenclature system developed by the International Union of Pure and Applied Chemistry or the Chemical Abstracts Service rules of nomenclature. Common name—A designation or identification other than a chemical name or trade name, by which a substance is generally known, such as a nonsystematic scientific name, which clearly identifies a single chemical or mixture and which is unique to that specific chemical or mixture. Consumer product—A consumer product shall be defined in accordance with the Consumer Product Safety Act (15 U.S.C.A. § § 2051—2083) and Federal Hazardous Substances Act (15 U.S.C.A. § § 1261—1276) when subject to a consumer product safety standard or labeling requirement of those acts or regulations issued under those acts by the Consumer Product Safety Commission. Container—A receptacle used to hold a liquid, solid or gaseous substance including, but not limited to, bottles, barrels, boxes, cans, cylinders, drums, cartons, vessels, vats and stationary tanks. The term does not include receptacles into which substances are transferred by the employe from labeled containers and which are intended only for the immediate use by the employe who performs the transfer, or receptacles which are primarily designed to be sold on the retail market for use by the general public. Department—The Department of Labor and Industry of the Commonwealth. Director—The Director of the Worker and Community Right-to-Know program designated by the Secretary or the Director’s designee. Employe—A person currently working for an employer, except domestic or casual laborers employed at the employer’s place of residence. A former employe is considered an employe, except that the former employe’s rights are subject to a request made by the former employe and received by the employer. Employe representative—An individual or organization authorized by an employe to exercise the right to request information under the act. The term includes a recognized or certified collective bargaining agent for an employe without regard to individual employe authorization. Employer—An individual, partnership, corporation or association doing business in this Commonwealth. The term includes the Commonwealth, its political subdivisions—including school districts—and an officer, board, commission, agency, authority or other instrumentality thereof. Environmental hazard—A substance, emission or discharge determined by the Department to be a hazardous substance and which, because of its particular or extreme properties, poses a danger if released into the environment. Exposure—A situation arising from a workplace operation where an employe may ingest, inhale, absorb through the skin or eyes or otherwise come into contact with a chemical or mixture. Hazardous mixture—A mixture that contains one or more hazardous substances, in a concentration of 1.0% or greater in the mixture or a mixture that contains one or more special hazardous substances or environmental hazards in concentrations of 0.01% or greater in the mixture. The term includes a new mixture resulting from the combination of a special hazardous mixture and one or more chemicals or mixtures. Hazardous substance—A chemical or mixture defined under section 3 of the act (35 P.S. § 7303). The term includes hazardous mixture. The term does not include substances naturally existing and not created as a result of, or in connection with, a manufacturing process, such as animal manures and coal. Hazardous substance fact sheet (HSFS)—A written document prepared by the Department for the purpose of transmitting information about a hazardous substance to employers, employes or members of the general public. Hazard warning—Words, pictures, symbols or a combination of these appearing on a label which conveys information regarding actions or cautions to be taken with regard to the associated hazardous substance. Health professional—A physician, nurse, industrial hygienist, toxicologist or epidemiologist providing medical, occupational health or environmental health services. Importer—The first business within the customs territory of the United States which handles chemicals produced in other countries and intended for sale and distribution to purchasers within the United States. Label—A sign, emblem, sticker or marker affixed to or stenciled into a container listing the information required under section 6 of the act (35 P.S. § 7306) and Chapter 309 (relating to labeling and substances). MSDS—Material Safety Data Sheet. Manufacturer—An individual, partnership, corporation, association or other person who provides, extracts, produces, uses or otherwise makes chemicals for sale or distribution having a Standard Industrial Classification as designated in the Standard Industrial Classification Manual prepared by the Federal Office of Management and Budget within major groups 20 through 39, inclusive. Material Safety Data Sheet (MSDS)—A written document prepared by a manufacturer, supplier or importer in conformity with section 4 of the act (35 P.S. § 7304) for the purpose of transmitting information concerning a chemical. Mixture—A combination of chemicals not involving a chemical reaction. NIOSH Registry of Toxic Effects of Chemical Substances—The online data base of the National Institute for Occupational Safety and Health Registry of Toxic Effects of Chemical Substances. OSHA—The Federal Occupational Safety and Health Administration. Private label—A unique sign, emblem, sticker or marker identifying a product or trade name and accompanying information under which a supplier markets a product manufactured by another manufacturer. Private labels are generally characterized by the following:

(i) The name of the private label product is different from that used by the manufacturer.

(ii) The name, address and telephone number of the supplier appear on the label instead of the name, address and telephone number of the manufacturer.

(iii) The directions for use, hazard warnings and precautionary information are based on the manufacturer’s information. Research and development laboratory—A specially designated area used primarily for research, development, teaching or testing activity, and not primarily involved in the production of goods for commercial sale, in which chemicals are used by or under the direct supervision of a technically qualified person. Sealed package—A portable container into which the manufacturer, importer or supplier has placed chemicals, and which is sealed by the manufacturer, importer or supplier for transport to another location, and which is intended to remain sealed until reaching its final destination. The term includes containers used to transport hazardous wastes under the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. § § 6901—6986) or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (26 U.S.C.A. § § 4611—4682) and (42 U.S.C.A. § § 6911, 6911e and 9601—9657). Secretary—The Secretary of the Department. Special hazardous substance—A hazardous substance so designated by the Department because its particular toxicity, tumorigenicity, mutagenicity, reproductive toxicity, flammability, explosiveness, corrosivity or reactivity poses a special hazard to health and safety. Supplier—An individual, partnership, corporation, association or other person inside or outside of this Commonwealth, who manufactures, supplies, imports or distributes a chemical for sale, distribution or use within this Commonwealth. Technically qualified person—A person who because of education, training or experience understands the risk associated with a hazardous substance or mixture containing a hazardous substance being handled by an employe under his supervision or guidance. Trade name—A designation or identification such as a code name or number, or a brand name, used by an employer or supplier to identify a chemical other than by its chemical or common name. Trade secret—A formula, plan, pattern, process, production data, information or compilation of information, including chemical or common name, which is known only to an employer and a limited number of other individuals, and which is used in the fabrication and production or development of a product, process or service and which gives the employer possessing it a competitive advantage over businesses who do not possess it, or the secrecy of which is certified by an appropriate official of the Federal Government as necessary for national defense purposes. Workplace—A building or work area or contiguous group of buildings or work areas at one geographical location composing a plant site in this Commonwealth used by the employer on a permanent or temporary basis to conduct business. Work area—A room, section of a room or defined space within a workplace where workers are based for the regular performance of their duties.

The provisions of this § 301.2 amended September 15, 1995, effective September 16, 1995, 25 Pa.B. 3851. Immediately preceding text appears at serial pages (109954) to (109956) and (126527) to (126528).

This section cited in 34 Pa. Code § 301.3 (relating to jurisdiction/exemptions).

History

Source: The provisions of this Chapter 301 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 301.3 Jurisdiction/exemptions.

(a) Information about hazardous substances required. Employers and chemical suppliers doing business in this Commonwealth shall provide information about the identity and hazards of hazardous substances used in the workplace, except as provided in this chapter.

(b) Exemptions.

(1) Manufacturers as defined in § 301.2 (relating to definitions) and private sector employers regulated by OSHA’s Hazard Communication Standard at 29 CFR 1910.1200 (relating to hazard communication) with respect to the communication of information to their employes about hazardous chemicals found in their workplace are exempt from the following:

(2) An article is exempt from the act and this part under section 18(a)(1) of the act (35 P. S. § 7318(a)(1)).

(3) A product intended for personal consumption by employes in the workplace is exempt from the act and this part under section 18(a)(2) of the act (35 P. S. § 7318(a)(2)).

(4) A consumer product that is packaged in a container which is primarily designed for distribution to, and use by, the general public is exempt from the act under section 18(a)(3) of the act (35 P. S. § 7318(a)(3)).

(5) A product primarily intended for sale on the retail market to the general public and sealed in a package to be used therein is exempt from the act under section 2 of the act (35 P. S. § 7302).

(6) Foods, drugs and cosmetics as defined in the Federal Food, Drug and Cosmetic Act (21 U.S.C.A. § 321); 21 CFR Part 1 (relating to general regulations for the enforcement of the Federal Food, Drug and Cosmetic Act and the Fair Packaging and Labeling Act); section 18(a)(4) of the act (35 P. S. § 7318(a)(4)) and other cosmetics, under the definition of chemical in section 2 of the act (35 P. S. § 7302) are exempt.

(7) Tobacco, as defined in section 2 of the act (35 P. S. § 7302) and under the Federal Cigarette Labeling and Advertising Act (15 U.S.C.A. § § 1331—1341) is exempt.

(1) Research and development laboratories.

(i) A research and development laboratory is not required to do the following:

(A) Complete a Hazardous Substance Survey Form under section 3 of the act (35 P. S. § 7303) and § 303.1 (relating to Hazardous Substance Survey Forms).

(B) Complete an Environmental Substance Survey Form under section 3 of the act (35 P. S. § 7303) and § 303.2 (relating to Environmental Hazard Survey Forms).

(C) Conduct onsite testing under section 3 of the act (35 P. S. § 7303) and § 323.6 (relating to onsite testing of environmental hazards).

(D) Prepare MSDS under section 4 of the act (35 P. S. § 7304) and Chapter 307 (relating to Material Safety Data Sheet (MSDS)).

(E) Disclose new information regarding a hazardous substance under section 5(b) of the act (35 P. S. § 7305(b)) and § 307.13 (relating to new information).

(F) Post lists of hazardous substances and special hazardous substances found in the workplace, and environmental hazards emitted or discharged therefrom under section 7(a)(1) of the act (35 P. S. § 7307(a)(1)) and Chapter 311.

(G) Label containers and pipelines under section 6 of the act (35 P. S. § 7306) and Chapter 309.

(H) Provide public access to information under section 5(g) of the act (35 P. S. § 7305(g)) and § 305.6 (relating to public access).

(I) Develop new MSDSs for new or experimental chemicals created in the laboratory under section 18(b) of the act (35 P. S. § 7318(b)) and § 307.8 (relating to responsibility for preparing MSDSs).

(ii) A research and development laboratory shall make available MSDSs for chemicals otherwise acquired from manufacturers, suppliers and importers under section 18(b) of the act (35 P. S. § 7318(b)).

(2) Sealed packages.

(i) A sealed package handled by an employer which stores, warehouses or transports sealed packages and which is not the manufacturer, supplier or importer of the chemical contained in the sealed package is not required to comply with subparagraph (ii) with respect to the sealed package and the chemicals it contains if:

(A) The package remains sealed while in the employer’s possession and control. A sealed package may be opened to examine the contents for emergency or safety reasons and by Federal authorities.

(B) The employer transfers possession and control of the sealed package to another person within 20 days of the employer’s receipt.

(C) An additional 10 day grace period is permitted for unusual circumstances. Persistent use of the 10 day extension may be deemed a violation of this part by the Department.

(ii) If the conditions in subparagraph (i) are met, the following exemptions apply:

(A) The contents of the packages need not be considered when completing a Hazardous Substance Survey Form under section 3(e) of the act (35 P. S. § 7303(e)) and § 303.1.

(B) The contents of the packages need not be considered when completing an Environmental Hazard Survey Form under section 3(g) of the act (35 P. S. § 7303(g)) and § 303.2.

(C) The contents of the packages need not be considered when completing an MSDS under sections 4(b) and 5(e) of the act (35 P. S. § § 7304(b) and 7305(e)) and Chapter 307.

(D) Labeling the sealed package under section 6 of the act (35 P. S. § 7306) and Chapter 309 is not required.

(E) Posting notices regarding the package under section 7 of the act (35 P. S. § 7307) and Chapter 311 is not required.

(F) Training employes regarding the contents of the sealed packages under section 8 of the act (35 P. S. § 7308) and Chapter 313 is not required.

(G) Disclosing trade secrets contained in the sealed package under section 11 of the act (35 P. S. § 7311) and Chapter 317 (relating to trade secrets) is not required.

(H) Conducting onsite testing under section 3(h) of the act (35 P. S. § 7303(h)) and § 323.6 (relating to onsite testing of environmental hazards) is not required.

(3) Employers without employes. An employer is not required to comply with the following if the employer does not have present employes:

(i) Completing a Hazardous Substance Survey Form under section 3(e) of the act (35 P. S. § 7303(e)) and § 303.1.

(ii) Making readily available MSDSs for hazardous substances or hazardous mixtures available to employes under sections 4(b) and 5(e) of the act (35 P. S. § § 7304(b) and 7305(e)) and Chapter 307.

(iii) Labeling containers of a hazardous substance, hazardous mixture, single chemical and mixture under sections 6(a)(1)—(5) and (6)(b)—(g) of the act (35 P. S. § 7306(a)(1)—(6) and (b)—(g)), and § § 309.1(b)(2), 309.2(a)(i)—(iv), 309.3—309.6(a), (b), (e) and (f) (relating to labeling; information required on label; common name usage; hazard warning; pipelines; and general conditions applying to labels).

(iv) Posting notices under section 7 of the act (35 P. S. § 7307) and Chapter 311.

(v) Providing education and training programs under section 8 of the act (35 P. S. § 7308) and Chapter 313.

(d) Other statutes.

(1) Construction with Federal statutes. This part shall be read in conjunction with Federal statutes or regulations providing for the identification, labeling or providing of information concerning hazardous substances, and is intended to supplement Federal regulations in the interests of protecting the health and safety of citizens of the Commonwealth.

(2) Similar laws. Evidence of compliance with other statutes that meet the requirements of the act constitutes compliance with similar provisions of the act and this part.

The provisions of this § 301.3 adopted August 1, 1986, effective August 2, 1986, 16 Pa.B. 2909; amended March 25, 1988, effective in accordance with § 301.4, 18 Pa.B. 1471. Immediately preceding text appears at serial pages (109958) to (109962).

This section cited in 34 Pa. Code § 301.3 (relating to jurisdiction/exemptions).

History

Source: The provisions of this Chapter 301 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 301.4 Effective dates.

(a) The following sections take effect August 3, 1987:

(1) The obligation to prepare MSDSs under section 4(b) of the act (35 P. S. § 7304(b)) and Chapter 307 (relating to Material Safety Data Sheet (MSDS)).

(2) The obligation of an employer to furnish, upon the request of an employe or employe representative, an MSDS for a hazardous substance or hazardous mixture present in the employer’s workplaces under section 5(c)(2) of the act (35 P. S. § 7305(c)(2)) and Chapter 307.

(3) The obligation of an employer to furnish, upon the written request of an employe or employe representative, a copy of the requested MSDS under section 5(d) of the act (35 P. S. § 7305(d)) and Chapter 307.

(4) The obligation of an employer to ensure that a container, including pipelines containing a hazardous substance or hazardous mixture, is labeled, tagged or marked under section 6(a)(1) and (2) of the act (35 P. S. § 7306(a)(1) and (2)) and § 309.2(a)(1) and (2) (relating to information required on label).

(b) The following sections take effect August 2, 1988:

(1) The obligation of an employer to ensure that a container, including pipelines, containing a single chemical is labeled, tagged or marked under section 6(a)(3) of the act (35 P. S. § 7306(a)(3)) and § 309.2(a)(3).

(2) The obligation of an employer to ensure that a container, including pipelines, containing a mixture is labeled, tagged or marked under section 6(a)(4) of the act and (35 P. S. § 7306(a)(4)) and § 309.2(a)(4).

History

Source: The provisions of this Chapter 301 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 301.5 Construction of regulations.

(a) No release from liability. Nothing in this part relieves an employer or supplier from liability with regard to the health and safety of an employe or other persons exposed to substances, nor does it relieve an employer or supplier from a duty or responsibility under other statutes.

(b) Local ordinances. This part preempts and supersedes a local ordinance or rule concerning the subject matter of this part.

History

Source: The provisions of this Chapter 301 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 301.6 Retention of materials.

The Department will maintain a file of complete Hazardous Substance Surveys and Environmental Hazard Survey Forms for 30 years. The Department will also retain at least one MSDS for a hazardous substance and hazardous mixture, together with revisions thereof.

History

Source: The provisions of this Chapter 301 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 301.7 Risk to public health.

(a) If the Department determines that a hazardous substance or other chemical poses a potential health risk to the general public in an area surrounding the workplace, it will inform the nearest public health agency, hospital and fire company, and will submit to them copies of a relevant MSDS that it has in its possession.

(b) The criteria used by the Department in determining whether a hazardous substance or other chemical poses a potential health risk to the public include, but are not limited to the following:

(1) The nature and quantity of the hazardous substance or chemical present.

(2) The number of people who are being or may be exposed to the substances.

(3) The nature of the area surrounding the workplace.

(4) The nature, degree and type of risk posed by the substances to the general public.

(c) The Department will use the most effective method of informing the nearest public health agency, hospital and fire company of the potential risk of public health posed by a hazardous substance or other chemical.

History

Source: The provisions of this Chapter 301 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 301.8 Computation of time.

Time frames referred to in this part are based on calendar days, 1 Pa.C.S. § 1908 (relating to computation of time) and FED. R. CIV. P. 6(a) (28 U.S.C.A. (1986)) providing the computation of days.

History

Source: The provisions of this Chapter 301 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

Chapter 303 Preparation of Hazardous Substance and Environmental Hazard Survey Forms

34 Pa. Code § 303.1 Hazardous Substance Survey Forms.

(a) The Hazardous Substance Survey Form shall contain the following information:

(1) The names of hazardous substances present in the workplace as they appear in Appendix A.

(2) The Chemical Abstracts Service (CAS) number, if a number has been assigned.

(3) The employer name, address and Federal Employer Identification Number (FEIN).

(4) The workplace name.

(5) The time period covered by the survey.

(6) The date the Hazardous Substance Survey Form was completed.

(7) An indication as to whether a substance is a special hazardous substance or an environmental hazard.

(8) The name, title and signature of the employer or employer representative completing the Hazardous Substance Survey Form.

(9) The name and telephone number of a contact person who can provide additional information.

(b) The initial Hazardous Substance Survey Form for a workplace shall be completed on a form supplied by the Department no later than December 1, 1986.

(c) The Hazardous Substance Survey Form may constitute the lists of substances required to be posted under section 7(a)(1) of the act (35 P. S. § 7307(a)(1)) and § 311.2(a)(1)—(3) (relating to workplace postings). If the workplace and work area are identical, the completed Hazardous Substance Survey Form may constitute the work area list required to be made available under section 7(a)(1) of act and § 305.4 (relating to maintenance and disclosure of work area lists).

(d) The Hazardous Substance Survey Form shall be updated at least annually, based on the most current Hazardous Substance List, Environmental Hazard List and Special Hazardous Substance List published by the Department under section 3 of the act (35 P. S. § 7303) and this chapter.

(e) Updated Hazardous Substance Survey Forms shall be completed no later than April 1 of each year and shall include hazardous substances which were present in the workplace during the prior calendar year. To the extent this form is also used to meet the requirements of § 305.4 it shall be updated when necessary.

(f) In meeting the requirements of this section, employers may either use forms provided by the Department or develop their own form which contains information required in this section and is legible and understandable.

This section cited in 34 Pa. Code § 301.3 (relating to jurisdiction/exemption); and 34 Pa. Code § 305.2 (relating to maintenance and disclosure of Hazardous Substance Survey Forms).

History

Source: The provisions of this Chapter 303 adopted August 16, 1985, effective October 5, 1985, 15 Pa.

34 Pa. Code § 303.2 Environmental Hazard Survey Forms.

(a) An employer is required to complete an Environmental Hazard Survey Form for a particular workplace upon a written request from the Department and on a form supplied by the Department when requested to do so by the Department. The Department will require an employer to complete an Environmental Hazard Survey Form if the Department is requested to do so by a person in this Commonwealth. The Environmental Hazard Survey Form shall be completed and returned to the Department within 30 days of a request by the Department.

(b) The Environmental Hazard Survey Form shall contain information regarding those hazardous substances designated as environmental hazards on the Department’s Hazardous Substance Lists which are emitted, discharged or disposed of from that workplace. The information required to be included on the Environmental Hazard Survey Form includes the following:

(1) The total known or estimated stack or point-source emissions of the substance.

(2) The total estimated fugitive or nonpoint-source emissions of the substance.

(3) The total known or estimated discharge of the substance into the surface or groundwater, the treatment methods and the known or estimated raw wastewater volume and loadings.

(4) The total known or estimated discharge of the substance into publicly-owned treatment works.

(5) The known or estimated quantity and methods of disposal of wastes containing the substance, the method of onsite storage of the wastes, the location of the final disposal sites for the wastes and the identity of the hauler of the wastes.

(c) The information specified in subsection (b) shall only be included on the Environmental Hazard Survey Form if the information is, at the time the Environmental Hazard Survey Form is completed, required to be reported under current provisions of a Federal, State, county or municipal environmental statute.

(d) Employers have two options for completing the Environmental Hazard Survey Form:

(1) Employers may complete the Environmental Hazard Survey Form as provided by the Department.

(2) The employer shall be deemed to have completed the Environmental Hazard Survey Form if the employer attaches to the form provided by the Department, the employer’s list of environmental hazards emitted, discharged or disposed of from the workplace and reports, or portions thereof, required by current provisions of Federal, State, county or municipal statutes which contain the information specified in subsection (b).

(e) Employers are required to update Environmental Hazard Survey Forms only upon request of the Department.

(f) Employers shall keep a copy of the Environmental Hazard Survey Form on file at that workplace and at its principal place of business in this Commonwealth.

(g) Procedures for disclosure of Environmental Hazard Survey Forms are governed by Chapter 305 (relating to maintenance and disclosure of survey forms and lists).

(h) The Department will not require the completion or revision of an Environmental Hazard Survey Form more than once in a 12-month period.

This section cited in 34 Pa. Code § 301.3 (relating to jurisdiction/exemptions); and 34 Pa. Code § 305.2 (relating to maintenance and disclosure of Hazardous Substances Survey Forms).

History

Source: The provisions of this Chapter 303 adopted August 16, 1985, effective October 5, 1985, 15 Pa.

Chapter 305 Maintenance and Disclosure of Survey Forms and Lists

34 Pa. Code § 305.1 Purpose and scope.

This chapter implements the maintenance and disclosure requirements of Hazardous Substance Survey Forms, Environmental Hazard Survey Forms and Lists under sections 3, 5 and 7 of the act (35 P. S. § § 7303, 7305 and 7307).

History

Source: The provisions of this Chapter 305 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 305.2 Maintenance and disclosure of Hazardous Substance Survey Forms.

(a) Maintenance of Hazardous Substance Survey Forms.

(1) An employer shall maintain a current Hazardous Substance Survey Form for each workplace, prepared under § 303.1 (relating to Hazardous Substance Survey Forms).

(2) The Hazardous Substance Survey Form shall be maintained until superseded by an updated Hazardous Substance Survey Form prepared under § 303.1.

(b) Disclosure of Hazardous Substance Survey Form to employes.

(1) An employer, who is a nonmanufacturer shall furnish, upon request of an employe or employe representative, a copy of the current Hazardous Substance Survey Form for the workplace to which the employe is assigned.

(2) Employers who are manufacturers are exempt from the requirement of paragraph (1).

(1) A person living or working in this Commonwealth may submit a written request to the Department for a Hazardous Substance SurveyForm. Written requests shall be sent to the Department of Labor and Industry, 7th and Forster Streets, Harrisburg, Pennsylvania 17120. Attention: Worker and Community Right-to-Know Program.

(2) The request shall include the following information:

(i) Name and address of the person requesting the survey.

(ii) The name, address and workplace of the employer.

(iii) A description of the type of work or business engaged in by the requestor and a certification that the requestor is not a competitor of the employer from whom the Hazardous Substance Survey Form is requested. The certification, signed and dated by the requestor, shall include the following language:

‘‘I hereby certify that, to the best of my knowledge, neither I, nor any member of my immediate family are now, or plan to be, a competitor or representative, employee, or agent of a competitor of the employer from whom I am making this request.’’

(3) An employer who receives a written request from the Department for a Hazardous Substance Survey Form, shall return the form within 20 calendar days of the date of receipt of the Department’s request. Within 45 days of the receipt of the appropriate request, the Department will transmit a copy of the requested form to the original requestor, if the employer in question has responded to the Department’s request unless the Department has a current copy on file.

(4) If upon receipt of the Hazardous Substance Survey Form, the Department determines that the form is not complete, the Department may return it to the employer and provide an explanation of the portions which need to be completed. An employer may be given no more than an additional 10 days from receipt of the Department’s request to make the corrections and completions, after which the form shall again be returned to the Department.

(5) The name and address of the requestor shall be kept confidential by the Department except as provided by § 321.2(a) (relating to complaint and investigation procedure).

(d) Disclosure of Hazardous Substance Survey Form to emergency response agencies.

(1) Upon the written request of a local police, fire or emergency response agency within whose jurisdiction an employer falls, the employer shall provide a copy of its latest Hazardous Substance Survey Form for a workplace within the requesting agency’s jurisdiction, within 20 days of receipt of the request.

(2) Absent good cause, no employer may be required to provide more than one copy of the most current Hazardous Substance Survey Form to the same emergency response agency.

(3) Disclosure of Hazardous Substance Survey Form by an emergency response agency shall be limited to official business purpose of the requesting agency.

The provisions of this § 305.2 adopted August 1, 1986, effective August 2, 1986, 16 Pa.B. 2909; amended March 25, 1988, effective in accordance with § 301.4, 18 Pa.B. 1471. Immediately preceding text appears at serial pages (109969) to (109971).

This section cited in 34 Pa. Code § 305.6 (relating to public access); and 34 Pa. Code § 307.15 (relating to public access).

History

Source: The provisions of this Chapter 305 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 305.3 Maintenance and disclosure of Environmental Hazard Survey Form.

(a) Maintenance of Environmental Hazard Survey Form.

(1) An employer shall complete a Environmental Hazard Survey Form under § 303.2 (relating to Environmental Hazard Survey Forms).

(2) An employer who completes an Environmental Hazard Survey Form shall keep a copy of the form on file at the workplace to which the form applies and at the employer’s principal place of business in this Commonwealth. Employers are required to keep only the most current Environmental Hazard Survey Form for a workplace.

(b) Disclosure of Environmental Hazard Survey Form to employes. A nonmanufacturing employer shall provide a copy of the Environmental Hazard Survey Form upon the request of an employe, only if such a survey has already been conducted under § 303.2.

(1) A person living or working in this Commonwealth may submit a written request to the Department for an Environmental Hazard Survey Form. Written requests shall be sent to: Department of Labor and Industry, 7th and Forster Streets, Harrisburg, Pennsylvania 17120. Attention: Worker and Community Right-to-Know Program.

(2) The request shall include the following information:

(i) The name and address of the person requesting the survey.

(ii) The name, address and workplace of the employer maintaining the Environmental Hazard Survey Form.

(iii) A description of the type of work or business engaged in by the requestor and a certification that the requestor is not a competitor of the employer from whom the Environmental Hazard Survey Form is requested. The certification, signed and dated by the requestor, shall include the following language:

‘‘I hereby certify that, to the best of my knowledge, neither I nor any member of my immediate family, are now, or plan to be a competitor or representative, agent or employee of a competitor of the employer from whom I am making this request.’’

(3) An employer who receives a written request from the Department for an Environmental Hazard Survey Form, shall return the form within 30 calendar days of the date of the Department’s request. Upon receipt of a request meeting the requirements of paragraph (2), the Department will, within 45 days, transmit a copy of the form to the original requestor, if the employer in question has responded to the Department’s request, unless the Department has a current Environmental Hazard Survey Form on file.

(4) If upon receipt of the Environmental Hazard Survey Form, the Department determines that the form is not complete, the Department may return it to the employer and provide an explanation of those portions which need to be completed. An employer may be given no more than an additional 10 days from receipt of the Department’s notification to make corrections and completions, after which the form shall again be returned to the Department.

(5) The name and address of the requestor will be kept confidential by the Department, except as provided in § 321.2(a) (relating to complaint and investigation procedure).

(d) Disclosure of Environmental Hazard Survey Form to emergency response agency.

(1) Upon the written request of a local police, fire or emergency response agency within whose jurisdiction an employer falls, the employer shall provide a copy of the most current completed Environmental Hazard Survey Form, and relevant and available information concerning environmental hazards pertaining to the workplace in question, within 20 days of receipt of the request, if the Department had previously requested the completion of the form.

(2) Absent good cause, no employer may be required to provide more than one copy of the most current Environmental Hazard Survey Form to the same emergency response agency.

(3) Disclosure of Environmental Hazard Survey Forms by an emergency response agency is limited to the official business purpose of the requesting agency.

This section cited in 34 Pa. Code § 301.3 (relating to jurisdiction/exemptions); 34 Pa. Code § 305.6 (relating to public access); and 34 Pa. Code § 307.15 (relating to public access).

History

Source: The provisions of this Chapter 305 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 305.4 Maintenance and disclosure of work area lists.

(a) Employer responsibilities. A nonmanufacturing employer shall:

(1) Furnish, upon request by an employe, a list of the hazardous substances used or produced in the employe’s work area.

(2) Offer a list of the hazardous substances to a new or newly assigned employe to a particular work area.

(3) Update the lists as necessary but, at least annually.

(b) Limitations on availability of copies of lists. If a nonmanufacturing employer provides a particular list to an employe representative on behalf of a particular employe, the employer does not have to provide a copy of the same list to the employe represented by the representative.

This section cited in 34 Pa. Code § 303.1 (relating to Hazardous Substance Survey Forms).

History

Source: The provisions of this Chapter 305 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 305.5 Fees.

(a) The nonmanufacturing employer may not charge an employe or employe representative for materials furnished by the employer. The employer may impose a reasonable charge, not to exceed the costs of reproduction, if the requestor had requested and received the same information about the same substance within the preceding 12 months.

(b) No fee may be charged when an employe’s job assignment has changed or new information is available concerning the subjects about which information is required to be provided.

(c) No fee may be charged for requests from a certified or recognized bargaining agent to the extent the person is acting in his capacity as a certified or recognized bargaining agent.

History

Source: The provisions of this Chapter 305 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 305.6 Public access.

A person living or working in this Commonwealth and who is not a competitor may request, under § § 305.2(c) and 305.3(c) (relating to maintenance and disclosure of Hazardous Substance Survey Forms and maintenance and disclosure of Environmental Hazard Survey Form), from the Department a copy of the lists or forms required in section 3 of the act (35 P. S. § 7303) which are present in a particular workplace, and the Department will transmit the requested material within 45 days of receipt of the request. A request will be treated by the Department as confidential as to the name and address of the requestor except as provided by § 321.2(a) (relating to complaint and investigation procedure). Materials will be available at a fee not to exceed the cost of reproducing them.

This section cited in 34 Pa. Code § 301.3 (relating to jurisdiction/exemptions).

History

Source: The provisions of this Chapter 305 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

Chapter 307 Material Safety Data Sheet (MSDS)

34 Pa. Code § 307.1 Purpose and scope.

This chapter implements the content, format, maintenance and disclosure requirements for MSDSs under sections 4 and 5 of the act (35 P. S. § § 7304 and 7305).

History

Source: The provisions of this Chapter 307 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 307.2 Content of MSDSs.

(a) The information in the MSDS shall be in English and shall reflect the contents of the relevant National Library of Medicine computer files and the latest edition of the National Fire Association’s Fire Protection Guide on Hazardous Materials. Subject to the trade secret provisions of section 11 of the act (35 P. S. § 7311) and Chapter 317 (relating to trade secrets), it shall also include, but not be limited to, the following information, if applicable:

(1) The chemical name, the Chemical Abstracts Service number, the trade name, common names and other names under which the substance is regulated by another State or Federal agency.

(2) The chemical name, common name and Chemical Abstracts Service number of every chemical contained in the substance which comprises 3.0% or more of the substance, except that hazardous substances shall be listed if they comprise 1.0% or more of the substance, and special hazardous substances which comprise 0.01% or more of the substance shall be listed.

(3) A reference to relevant information on the hazardous substance from the NIOSH Registry of Toxic Effects of Chemical Substances.

(4) The boiling point, vapor pressure, vapor density, solubility in water, specific gravity, melting point, physical state, color and odorous properties at standard conditions of temperature and pressure.

(5) The flash point, auto ignition temperature, percentage of volume of flammable limits, the recommended fire extinguishing media, special firefighting procedure and other unusual fire or explosion hazards.

(6) The hazards, posed by the substance, including its toxicity, tumorigenicity, mutagenicity, reproductive flammability, explosiveness, corrosivity and reactivity, including specific information on its reactivity with water.

(7) A description, in nontechnical language, of the acute and chronic health effects of exposure to the substance, including the signs and symptoms of exposure, and medical conditions which are generally recognized as being aggravated by exposure to the substance.

(8) The permissible exposure level, threshold limit value, short-term ceiling and other established limit values as set by OSHA, National Institute of Occupational Safety and Health, American Industrial Hygiene Association and American Conference of Governmental Industrial Hygienists.

(9) The potential routes and symptoms of exposure to the hazardous substances.

(10) Emergency first aid procedures in case of inhalation, swallowing, eye splashes and skin contamination, including a telephone number to be called day or night in an emergency and special information needed by medical practitioners treating persons.

(11) The appropriate emergency and first aid procedures for spills, fires, potential explosions and accidental or unplanned emissions involving the hazardous substance.

(12) Recommended waste disposal method, if applicable.

(13) Personal protective equipment to be worn or used when handling or otherwise coming in contact with the substance and special precautions, recommended engineering controls or work practices to be used in handling the substance.

(14) A description of the extent of testing performed on the substance.

(15) A description of the known synergistic or additive effects reasonably anticipated by exposure to the substance and to other substances over the same period of time.

(16) For mixtures, a description of known dangers or hazards created by the mixture that are greater than and would not be otherwise disclosed by the Hazardous Substance Fact Sheets for the constituent chemical substances.

(17) The name, address and telephone number of the manufacturer of the chemical.

(18) Date of preparation or last revision of the sheet.

(b) An MSDS which contains the following information is considered to have met the requirements of this section:

(1) The chemical name, the Chemical Abstracts Service number, the trade name, common name and other names under which the substance is regulated by another State or Federal Agency.

(2) The chemical name, common name and Chemical Abstracts Service number of every chemical contained in the substance which comprises 3% or more of the substance except that hazardous substances shall be listed if they comprise 1% or more of the substance, and special hazardous substances which comprise .01% or more of the substance shall be listed.

(3) The information required by 29 CFR 1900.1200(g)(2) (relating to hazard communication).

This section cited in 34 Pa. Code § 307.3 (relating to format of MSDSs).

History

Source: The provisions of this Chapter 307 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 307.3 Format of MSDSs.

(a) Submission. MSDSs may be submitted to the Department in one of the following formats:

(1) Forms provided by the Department.

(2) Computer magnetic tape, microfiche or floppy disks, if these formats are submitted in accordance with record layouts prescribed by the Department.

(3) Other formats which contain the information required by § 307.2 (relating to contents of MSDSs), if both the requesting party and the providing party agree to the format.

(b) Chemical identification sheets. An employer or supplier may provide the information requested in § 307.2(a)(2) by affixing a chemical identification sheet containing the information to an already existing MSDS and it shall be considered an integral part of the MSDS.

History

Source: The provisions of this Chapter 307 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 307.4 Similar substances.

If hazardous mixtures have similar contents and hazards, but vary in specific composition, the supplier or employer may prepare one MSDS to apply to all of the similar hazardous mixtures, if the MSDS:

(1) Identifies the various mixtures by the names to which it applies.

(2) Is correct in all respects and correctly states the constituent chemicals in the hazardous mixtures.

History

Source: The provisions of this Chapter 307 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 307.5 Dilution with water.

It is not necessary to produce a new MSDS when a hazardous substance is diluted with water.

History

Source: The provisions of this Chapter 307 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 307.6 Duty to test.

No employer or supplier is required to conduct studies to develop new information.

History

Source: The provisions of this Chapter 307 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 307.7 Agricultural mixtures.

If a farm supplier combines one or more chemicals for agricultural use, the farm supplier may substitute MSDSs for the ingredients in the mixture in lieu of preparing a new MSDS.

History

Source: The provisions of this Chapter 307 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 307.8 Responsibility for preparing MSDSs.

(a) Manufacturers, importers or suppliers, as a condition of doing business in this Commonwealth, shall prepare an MSDS for each hazardous substance or hazardous mixture they produce or import.

(b) Distributors who are not manufacturers, suppliers or importers have no obligation to prepare an MSDS.

The provisions of this § 307.8 adopted August 1, 1986, effective August 2, 1986, 16 Pa.B. 2909; amended March 25, 1988, effective in accordance with § 301.4, 18 Pa.B. 1471. Immediately preceding text appears at serial pages (109978) to (109979).

This section cited in 34 Pa. Code § 301.3 (relating to jurisdiction/exemptions); and 34 Pa. Code § 307.13 (relating to new information).

History

Source: The provisions of this Chapter 307 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 307.9 Responsibility for providing MSDSs to purchasers.

(a) Manufacturers, importers or suppliers:

(1) Shall ensure that purchasers of hazardous substances or hazardous mixtures are provided with an appropriate MSDS at the following times:

(i) With their initial shipment.

(ii) With the first shipment after an MSDS is updated.

(2) Shall ensure that purchasers of any other chemical delivered to a point within this Commonwealth are provided an appropriate MSDS, if the manufacturer, importer or supplier produces or possesses the MSDS.

(3) Shall notify purchasers of hazardous substances or hazardous mixtures that the hazardous substance or hazardous mixture is subject to the act.

(4) May mail the MSDS to the purchaser at the time of shipment in lieu of physically attaching the MSDS to the container they ship.

(b) Distributors:

(1) Shall ensure that purchasers of hazardous substances or hazardous mixtures are provided an appropriate MSDS at the following times:

(i) With their initial shipment.

(ii) With the first shipment after an MSDS is updated.

(2) Shall notify purchasers of hazardous substances or hazardous mixtures that the hazardous substance or hazardous mixture is subject to the act.

(3) May mail the MSDS to the purchaser at the time of shipment in lieu of physically attaching the MSDS to the container they ship.

The provisions of this § 307.9 adopted August 1, 1986, effective August 2, 1986, 16 Pa.B. 2909; amended March 25, 1988, effective in accordance with § 301.4, 18 Pa.B. 1471. Immediately preceding text appears at serial pages (109979) to (109980).

This section cited in 34 Pa. Code § 307.13 (relating to new information).

History

Source: The provisions of this Chapter 307 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 307.10 Responsibility for providing MSDSs to the Department.

Manufacturers, importers or suppliers shall mail to the Department:

(1) One copy of an MSDS for a hazardous substance or hazardous mixture which they produce within or deliver to a point in this Commonwealth, at the same time as their initial shipment to an employer within this Commonwealth.

(2) One copy of an MSDS for another chemical for which they produce or possess an MSDS at the time of the initial shipment of the chemical to an employer in this Commonwealth.

(3) One copy of an updated MSDS at the same time the updated MSDS is provided to an employer within this Commonwealth.

(4) For the situations described in paragraphs (1)—(3) the manufacturer, importer or supplier need only mail one copy of the MSDS to the Department. Once an MSDS is on file with the Department, copies need not be provided with each shipment of the chemical to different customers, except as provided in paragraph (3).

This section cited in 34 Pa. Code § 307.13 (relating to new information).

History

Source: The provisions of this Chapter 307 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 307.10a Employer responsibilities for obtaining and maintaining MSDSs.

Employers shall obtain and maintain an MSDS for each hazardous substance or hazardous mixture in the workplace. If an MSDS is not provided with the shipment, the employer shall obtain one from the manufacturer, importer, supplier or distributor.

The provisions of this § 307.10a adopted March 25, 1988, effective in accordance with § 301.4, 18 Pa.B. 1471.

History

Source: The provisions of this Chapter 307 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 307.11 Employer’s responsibilities to provide MSDSs to employes.

(a) (Reserved).

(b) The nonmanufacturing employer shall make readily available without permission or intervention from management or a supervisor, in every work area, if practical, the MSDS for every hazardous substance or hazardous mixture to which the employe working in the work area may be exposed. If it is impractical to make an MSDS readily available in a work area without permission or intervention from management or supervision, the MSDS shall be made available in a location as close to the work area as is practical so that employes may have access to the MSDSs without permission or intervention of management or supervision.

(c) The nonmanufacturing employer shall furnish, upon the request of an employe or employe representative, an MSDS for a hazardous substance or hazardous mixture present in the employer’s workplaces.

(d) The nonmanufacturing employer shall furnish a copy of an MSDS to an employe or employe representative within 5 working days of the receipt of a written request.

(1) If the nonmanufacturing employer is in possession of the requested MSDS, and fails to give the MSDS to the employe or employe representative, the employe has the right to refuse to work with the specific hazardous substance, without penalty, until the information requested is provided.

(2) If the nonmanufacturing employer is not in possession of the requested MSDS, the employer shall:

(i) Within 5 working days of the receipt of the employe’s written request, notify the employe in writing that the information is not in the employer’s possession.

(ii) Within 15 working days of the written notification to the employe, the employer shall attempt to obtain the requested information from the supplier and the Department, and shall document the attempts. Upon receipt of the nonmanufacturing employer’s request, the Department will immediately attempt to obtain the requested information from the supplier and notify the nonmanufacturing employer of the attempt.

(iii) The employe has the right to refuse to work, without penalty, until the requested information is furnished, unless the nonmanufacturing employer and the Department have taken the actions prescribed in this section.

(3) Reassignment of an employe to other work, at equal pay and benefits, is not considered a penalty under this section.

The provisions of this § 307.11 adopted August 1, 1986, effective August 2, 1986, 16 Pa.B. 2909; amended March 25, 1988, effective in accordance with § 301.4, 18 Pa.B. 1471. Immediately preceding text appears at serial pages (109980) to (109981).

This section cited in 34 Pa. Code § 307.13 (relating to new information).

History

Source: The provisions of this Chapter 307 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 307.12 Responsibilities for providing MSDSs to emergency response agencies.

Employers shall furnish copies of relevant MSDSs upon a written request from a local police, fire or emergency repsonse agency within whose jurisdiction the employer falls, within 20 days of receipt of the request. The agencies shall only use the MSDS for its official business.

The provisions of this § 307.12 adopted August 1, 1986, effective August 2, 1986, 16 Pa.B. 2909; amended March 25, 1988, effective in accordance with § 301.4, 18 Pa.B. 1471. Immediately preceding text appears at serial page (109982).

History

Source: The provisions of this Chapter 307 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 307.13 New information.

If a supplier receives or discovers relevant new information regarding a hazardous substance, the supplier shall make the information available to the Department and to employers to which the supplier had previously provided an MSDS under § § 307.8—307.11 (relating to responsibility for preparing MSDSs; responsibility for providing MSDSs to purchasers; responsibility for providing MSDSs to the Department; employer’s responsibilities to provide MSDSs to employes). The nonmanufacturing employer shall, in turn, make the information available to employes and the employes’ representatives, upon receipt of the new information.

This section cited in 34 Pa. Code § 301.3 (relating to jurisdiction/exemptions).

History

Source: The provisions of this Chapter 307 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 307.14 Limitation of fees.

MSDSs, educational and other materials shall be furnished by a nonmanufacturing employer upon request to an employe or employe representative at no cost to the employe or employe representative. If an employe making the request has requested and received the same information about the same substance within the preceding 12 months, the nonmanufacturing employer may impose a reasonable charge, not to exceed the costs of reproduction, for the information. No fee may be charged if a requesting employe’s job assignment has changed or there is new information available concerning the subjects about which information is required to be provided. The nonmanufacturing employer may not charge fees for requests by a certified or recognized bargaining agent to the extent the person is acting in his capacity as a certified or recognized bargaining agent.

History

Source: The provisions of this Chapter 307 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 307.15 Public access.

(a) A person living or working in this Commonwealth and who is not a competitor may request from the Department an MSDS on file and the Department will transmit the requested material within 45 days of receipt of the request.

(b) If an employer receives a request for an MSDS from the Department, the employer shall respond with the appropriate information within 20 days of the Department’s request. If the employer does not possess the requested information, the employer shall notify the Department in writing, within 20 days of the Department’s request, documenting the reasons why the requested information is not available and what attempts have been made to obtain the information.

(c) The name and address of the requestor will be treated by the Department as confidential, except as provided by § 321.2(a) (relating to complaint and investigation procedure). Requests shall be made under § § 305.2(c) and 305.3(c) (relating to maintenance and disclosure of Hazardous Substance Survey Forms and maintenance and disclosure of Environmental Hazard Survey Forms). Materials shall be available at a fee not to exceed the cost of reproducing them.

History

Source: The provisions of this Chapter 307 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

Chapter 309 Labeling of Substances

34 Pa. Code § 309.1 Labeling.

(a) Purpose and scope. This chapter implements the labeling requirements under section 6 of the act (35 P. S. § 7306). This chapter governs requirements with regard to the labeling of containers of hazardous substances, hazardous mixtures, single chemicals and mixtures and the labeling of pipelines by employers and suppliers doing business in this Commonwealth. This chapter also covers hazard warnings and exemptions from the labeling requirement, including those based upon trade secrets, under section 11 of the act (35 P. S. § 7311) and Chapter 317 (relating to trade secrets).

(b) Labeling exemptions.

(1) Compliance with Federal statutes. If containers are labeled as required under applicable Federal statutes and regulations, this chapter does not require labeling of containers which contain the following:

(i) A pesticide as the term is defined in the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C.A. § § 135—135K and 136—136y).

(ii) A food, drug or cosmetic as the terms are defined in the Federal Food, Drug and Cosmetic Act (21 U.S.C.A. § 321).

(iii) Distilled spirits—beverage alcohols—wine or malt beverage intended for nonindustrial use as the terms are defined in the Federal Alcohol Administration Act (27 U.S.C.A. § § 201—212).

(iv) Hazardous waste from spills and disposal site rehabilitation projects handled under the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. § § 6901—6986) or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (26 U.S.C.A. § § 4611—4682) and (42 U.S.C.A. § § 6911, 6911a and 9601—9657).

(2) Transfer for immediate use. The employer is not required to label a container into which a chemical or mixture is transferred by the employe from labeled containers and which is intended only for the immediate use by the employe who performs the transfer.

(3) Manufacturing exemption. Employers which are manufacturers are not required to meet labeling requirements contained in this chapter in their workplaces or work areas.

The provisions of this § 309.1 adopted August 1, 1986, effective August 2, 1986, 16 Pa.B. 2909; amended March 25, 1988, effective in accordance with § 301.4, 18 Pa.B. 1471. Immediately preceding text appears at serial pages (109985) to (109986).

This section cited in 34 Pa. Code § 301.3 (relating to jurisdiction/exemptions); and 34 Pa. Code § 309.2 (relating to information required on label).

History

Source: The provisions of this Chapter 309 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 309.2 Information required on label.

(a) Subject to the exemptions in § 309.1(b) (relating to labeling), employers shall ensure that a container of the following substances present in the workplace and that a container of the following substances leaving the workplace is clearly labeled, tagged or marked with information listed in paragraphs (1)—(4):

(1) Containers of hazardous substances shall be labeled, tagged or marked with the following:

(i) The chemical name or common name under § 309.3 (relating to common name usage).

(ii) A hazard warning, under § 309.4 (relating to hazard warning).

(iii) The name, address and telephone number of the manufacturer.

(2) Containers of hazardous mixtures shall be labeled, tagged or marked with the following:

(i) The common name under § 309.3 but, if none exists, then the trade name.

(ii) The chemical or common name of special hazardous substances comprising .01% or more of the mixture.

(iii) The chemical or common name of hazardous substances constituting 1.0% or more of the mixture.

(iv) A hazard warning, under § 309.4.

(v) The name, address and telephone number of the manufacturer.

(3) Containers of single chemicals shall be labeled, tagged or marked with the following:

(i) The chemical name or common name, under § 309.3.

(ii) A hazard warning, as provided in § 309.4, if appropriate.

(iii) The name, address and telephone number of the manufacturer.

(4) Containers of chemical mixtures shall be labeled, tagged or marked with the following:

(i) The common name but, if none exists, then the trade name.

(ii) A hazard warning, as provided in § 309.4, if appropriate.

(iii) The name, address and telephone number of the manufacturer.

(iv) The chemical name or common name of either the top five substances by volume or those substances constituting 5.0% or more of the mixture.

(b) A label may contain other information, including trade or brand name, if the information required by this chapter is clearly legible.

This section cited in 34 Pa. Code § 301.3 (relating to jurisdiction/exemptions); and 34 Pa. Code § 301.4 (relating to effective dates).

History

Source: The provisions of this Chapter 309 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 309.3 Common name usage.

A common name or trade name may be used only if the use of the name more easily or readily identifies the true nature of the hazardous substance, hazardous mixture, single chemical or mixture involved.

This section cited in 34 Pa. Code § 301.3 (relating to jurisdiction/exemptions); 34 Pa. Code § 309.2 (relating to information required on label); and 34 Pa. Code § 309.6 (relating to general conditions applying to labels).

History

Source: The provisions of this Chapter 309 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 309.4 Hazard warning.

(a) Container labels shall provide a warning as to the specific nature of the hazard arising from the substance in the container.

(b) The hazard warning shall be given in conformity with one of the nationally recognized and accepted systems of providing warnings, and hazard warnings shall be consistent with one or more of the recognized systems throughout the workplace. Examples are:

(1) NFPA 704, Identification of the Fire Hazards of Materials.

(2) National Paint and Coatings Association: Hazardous Materials Identification System.

(3) American Society for Testing and Materials, Safety Alert Pictorial Chart.

(4) American National Standard Institute, Inc., for the Precautionary Labeling of Hazardous Industrial Chemicals.

History

Source: The provisions of this Chapter 309 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 309.5 Pipelines.

(a) Ports required to be labeled. The content of a pipeline system shall be identified by labels applied at or near ports. A port is a point of access, which may be opened to the environment, used for charging or discharging a system at which an employe may come into direct contact with a chemical under normal conditions of use.

(b) Alternative methods. The employer may develop alternative methods to adequately apprise anyone who may be potentially exposed at a port of the contents of the pipeline in the following cases:

(1) If a pipeline is used to convey different chemicals at different times.

(2) An environmental health and pest control system or other system designed to automatically discharge a chemical from spray-type ports.

(1) Pipelines containing only effluents.

(2) Pipelines containing only water discharges.

(3) Emissions through stacks.

(4) Discharge conduits.

(5) Fire sprinkler systems containing only water.

(6) Pipelines containing only water.

This section cited in 34 Pa. Code § 301.3 (relating to jurisdiction/exemptions).

History

Source: The provisions of this Chapter 309 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 309.6 General conditions applying to labels.

(a) The nonmanufacturing employer may use signs, placards, operating procedures or other printed materials as alternatives to individual labels on stationary equipment, agricultural implements and portable or mobile machinery used in outdoor or temporary worksites, if the alternative used indicates the appropriate chemical or common name and hazard warnings and is readily available to employes.

(b) The nonmanufacturing employer shall ensure that a label, sign, placard or other operating instructions required by this chapter is legible and prominently affixed in and displayed to the container or port so that employes can easily identify the substance or mixture present therein.

(c) The nonmanufacturing employer may not remove or deface existing labels on incoming containers of chemicals, unless the container is immediately relabeled with the required information.

(d) The nonmanufacturing employer need not affix new labels to comply with this chapter if the existing labels already convey the required information that the chemical or common name on the container is the same as that listed on the MSDS and can be used by the employe as a cross-reference to the MSDS.

(e) The nonmanufacturing employer shall ensure that the chemical or common name used on the container to identify a hazardous substance or mixture is the same as the chemical or common name used on the MSDS if the following apply:

(1) That is the information available for the hazardous substance or mixture.

(2) The MSDS or hazardous substance fact sheet (HSFS) is readily available to the employe in the work area.

(f) No employer is required to test a chemical to determine the accuracy of the label.

(g) Label requirements may only be altered as follows:

(1) Common name usage, under § 309.3 (relating to common name usage).

(2) Signs, placards, operating procedures or other printed materials, under subsections (a)—(f).

(3) Hazard warnings, under § 309.4 (relating to hazard warning).

(4) Trade secrets, under Chapter 317 (relating to trade secrets).

This section cited in 34 Pa. Code § 301.3 (relating to jurisdiction/exemptions).

History

Source: The provisions of this Chapter 309 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 309.7 Supplier responsibilities.

(a) A supplier, as a condition of doing business in this Commonwealth, shall ensure that the container of a chemical which is delivered to a point within this Commonwealth by the supplier, or which is produced within this Commonwealth by the supplier, is clearly labeled in the manner required by this chapter.

(b) If a supplier sells or distributes a product under its own private label, which is subject to the act and which was manufactured in whole by a separate manufacturer, the supplier may be deemed to be the manufacturer for the purpose of this chapter and may list its own name, address and telephone number on the label instead of the actual manufacturer if the following conditions are met:

(1) Upon request, with respect to products manufactured by the manufacturer and sold or distributed by the supplier under the supplier’s private label, the supplier shall furnish information to a person to whom a manufacturer would be required to provide information under the act and this part.

(2) The supplier obtains from the manufacturer the medical and scientific information that the manufacturer is required to provide under section 4 of the act (35 P. S. § 7304) and this part and maintains this information so that it can immediately retrieve the information upon request.

(3) The supplier provides, upon request, the medical, scientific and other required information for the product that the manufacturer would be required to provide. To the extent the information has been designated a trade secret by the manufacturer, the supplier shall also treat it as a trade secret and shall provide it in the same manner and under the same circumstances as specified in section 11 of the act (35 P. S. § 7311) and this part. The supplier may be relieved of the obligation contained in this paragraph if the supplier immediately provides the requestor with the name, address and telephone number of the manufacturer.

(4) The supplier provides upon request the full name, address and telephone number of the manufacturer. The information shall be treated as a trade secret and shall be provided in the same manner and under the same circumstances as specified in section 11 of the act and this part. Upon request by the Department, the name of the manufacturer shall be immediately provided without the necessity of a trade secret agreement. The Department will treat the information as confidential in accordance with section (11) of the act.

(5) The manufacturer and supplier have a written, signed agreement which specifically incorporates the requirements of paragraphs (1)—(4).

(c) If a supplier and manufacturer comply with this section or otherwise seek to distribute a product under a private label, the supplier and the manufacturer shall be jointly and severally liable for a violation of section 4 of the act and other violations of the manufacturer’s obligations and responsibilities under the act and this part and with respect to products manufactured by the manufacturer and sold or distributed by the supplier under the supplier’s private label.

The provisions of this § 309.7 adopted August 1, 1986, effective August 2, 1986, 16 Pa.B. 2909; amended March 25, 1988, effective in accordance with § 301.4, 18 Pa.B. 1471; amended September 15, 1995, effective September 16, 1995, 25 Pa.B. 3851. Immediately preceding text appears at serial page (126546).

History

Source: The provisions of this Chapter 309 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 309.8 Right to information not included on the label.

(a) The nonmanufacturing employer has 5 working days from the receipt of an employe’s request to provide the chemical name or Chemical Abstracts Service number of substance to an employe, if the following apply:

(1) A chemical name or a Chemical Abstracts Service number exists, but the container is not labeled with either.

(2) The employe requests the chemical name or Chemical Abstracts Service number in writing.

(3) A chemical name or Chemical Abstracts Service number is in the possession of the employer.

(b) If the nonmanufacturing employer is not in possession of the chemical name or Chemical Abstracts Service number, the employer shall so notify the employe in writing within 5 working days of the initial employe request. The employe may request that the Department supply the chemical name or Chemical Abstracts Service number. The employe’s written request to the Department shall include a copy of the employe’s request to the employer and the employer’s written response.

History

Source: The provisions of this Chapter 309 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 309.9 Construction of this chapter.

This chapter is to be read in conjunction with Federal statutes providing for the labeling of hazardous substances and is intended to supplement Federal regulations in the interest of protecting the health and safety of citizens of this Commonwealth.

History

Source: The provisions of this Chapter 309 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

Chapter 311 Posting of Notices and Other Information

34 Pa. Code § 311.1 Purpose and scope.

This chapter implements the posting requirements under section 7 of the act (35 P. S. § 7307), and governs the requirements for the posting of notices in the workplace and in outdoor and temporary worksites.

History

Source: The provisions of this Chapter 311 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 311.2 Workplace postings.

(a) A nonmanufacturing employer shall prominently post the following in locations where notices to employes are normally posted:

(1) Lists of hazardous substances found in the workplace.

(2) Lists of special hazardous substances found in the workplace.

(3) Lists of environmental hazards which are emitted, discharged or disposed of from the workplace.

(4) Notification to employes and their representatives of their rights under the act.

(5) A notice containing this information will be provided by the Department.

(b) To the extent lists of substances are consolidated under Chapters 303 and 305 (relating to preparation of Hazardous Substance and Environmental Hazard Survey Forms and maintenance and disclosure of Survey Forms and Lists), a single notice of consolidated lists is acceptable for purposes of subsection (a)(1)—(3).

This section cited in 34 Pa. Code § 303.1 (relating to Hazardous Substance Survey Forms).

History

Source: The provisions of this Chapter 311 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 311.3 Outdoor or temporary worksites.

In the case of an outdoor or temporary worksite which is not contiguous to a building regularly used by a nonmanufacturing employer as a workplace, postings of notices, as well as MSDSs and other materials shall be in a location where employes, during a course of a normal day, have access which does not depend on the permission or intervention of management or a supervisor.

History

Source: The provisions of this Chapter 311 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

Chapter 313 Employer Educational and Training Program

34 Pa. Code § 313.1 Purpose and scope.

This chapter implements the education and training requirements under section 8 of the act (35 P. S. § 7308).

History

Source: The provisions of this Chapter 313 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 313.2 Employer responsibilities.

(a) A nonmanufacturing employer shall provide an annual education and training program for employes exposed to hazardous substances or hazardous mixtures found in the employe’s work area. This program shall be provided at least once in a calendar year.

(b) A new employe shall be trained in regard to the hazardous substances or hazardous mixtures found in the work area under subsection (a). This initial training shall take place within 120 days of hire.

(c) If necessary, additional instruction shall be provided to appropriate employes if any of the following events occurs:

(1) The potential for the employe’s exposure to the hazardous substance or hazardous mixture is different from that for which training was previously provided to the employe.

(2) An employe is reassigned to a different work area, resulting in exposure to hazardous substances or hazardous mixtures which is different from the hazards for which training was previously provided to the employe.

(3) A nonmanufacturing employer receives new and significant information concerning the hazardous substance or hazardous mixture in the employe’s work area and to which the employe is exposed.

(d) The nonmanufacturing employer shall maintain written records of names of employes who were trained and dates of training. The records shall be retained until superseded by the records of the next annual training, and shall be made available upon request to an authorized representative of the Department during an investigation or inspection under section 14 of the act (35 P. S. § 7314).

History

Source: The provisions of this Chapter 313 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 313.3 Content of training program.

(a) Nonmanufacturing employers shall furnish employes who are using or handling hazardous substances or hazardous mixtures with information on the contents of an MSDS, label or equivalent information either in written form or through training programs which may be generic to the extent appropriate and related to the job.

(b) The content of a training program shall include, as appropriate, the following information concerning the hazardous substances or hazardous mixtures:

(1) The location.

(2) The properties.

(3) The chemical and common name.

(4) The acute and chronic effects.

(5) The symptoms arising from exposure.

(6) The potential for flammability, explosivity and reactivity.

(7) Appropriate emergency treatment.

(8) Appropriate personal protective equipment and proper conditions for safe use.

(9) Emergency procedures for spills, leaks, fires, pipeline breakdowns or other accidents.

(c) Nothing in this chapter prohibits nonmanufacturing employers from training employes through the categorization of substances according to their type of hazards.

History

Source: The provisions of this Chapter 313 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 313.4 Construction with other laws.

(a) This chapter shall be construed in conjunction with statutes or collective bargaining agreements providing for the training of employes, and is intended to supplement other statutes or collective bargaining agreements in the interests of protecting the health and safety of citizens of this Commonwealth.

(b) Evidence of compliance with other statutes or collective bargaining agreements that meet the requirements of this chapter constitute compliance with this chapter.

History

Source: The provisions of this Chapter 313 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

Chapter 315 Health and Exposure Records

34 Pa. Code § 315.1 Purpose and scope.

This chapter implements the health and exposure requirements under section 9 of the act (35 P. S. § 7309) and applies to employe health and exposure records maintained by the employer.

History

Source: The provisions of this Chapter 315 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 315.2 Recordkeeping requirements.

An employer shall keep records of employes’ exposure to specific chemical substances to the extent that it is required by OSHA under 29 CFR 1910.20(g) (relating to access to employe exposure and medical records). The employer will also be considered as complying with this section if similar requirements of the Mine Safety Health Administration under 30 CFR 70.210 and 71.210 (relating to respirable dust samples; report to operator; posting) are met.

History

Source: The provisions of this Chapter 315 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 315.3 Employe access to records.

An employe has the right of access to exposure and medical records in the manner set forth by OSHA under 29 CFR 1910.20 (relating to access to employe exposure and medical records). Access to employe exposure under the Mine Safety Health Administration, 30 CFR 70.210 and 71.210 (relating to respirable dust samples; report to operator; posting) will be considered as complying with this section.

History

Source: The provisions of this Chapter 315 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 315.4 Department access to records.

Upon request by the Department, nonmanufacturing employers shall provide copies of employe health and exposure records maintained by the employer, including, but not limited to, the records maintained and supplied to the Federal government by employers as mandated under applicable State and Federal statutes and regulations except as access by third parties is limited by the statutes and regulations. The employer has 60 days from the receipt of the Department’s written request to provide this information.

History

Source: The provisions of this Chapter 315 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 315.5 Release of information.

The Department will not release information in a way that directly or indirectly identifies individuals. The Department may publish an analysis of reports and information for scientific and public health purposes if the identities of the individuals concerned cannot be ascertained directly or indirectly and if information protected by applicable trade secret law is not divulged.

History

Source: The provisions of this Chapter 315 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

Chapter 317 Trade Secrets

34 Pa. Code § 317.1 Purpose and scope.

This chapter implements the requirements relating to trade secret claims, under section 11 of the act (35 P. S. § 7311).

History

Source: The provisions of this Chapter 317 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 317.2 Trade secret claims.

(a) Withholding of chemical name. An importer, employer, manufacturer or supplier may withhold the chemical name or other specific identification of a chemical as a trade secret, if the following conditions are met:

(1) The claim that the information withheld is a trade secret can be supported by the importer, employer, manufacturer or supplier making the claim.

(2) The MSDS discloses the information concerning the properties and effects of the hazardous substance or hazardous mixture.

(3) The label and MSDS show the following:

(i) The specific chemical identity is being withheld as a trade secret.

(ii) A trade secret for a special hazardous substance is being claimed.

(4) The specific chemical identity is made available to health professional under § 317.3 (relating to disclosure to health professionals).

(5) The importer, employer, manufacturer or supplier making the trade secret claim files a notice of the claim with the Department. This notice may not require the person making the claim to disclose the information which is claimed to be a trade secret. An MSDS containing a notation that the information is a trade secret is sufficient notice for this paragraph.

(b) Review of trade secret claims.

(1) An aggrieved person or employe representative may request a review of a trade secret claim, but an appeal from the decision of the Department does not give the person the right of access to information considered confidential in paragraph (4). The request shall contain the following:

(i) The name and address of the person requesting review.

(ii) A description of the type of work or business engaged in by the requestor.

(iii) The name and address of the entity whose trade secret is sought to be reviewed.

(iv) A certification that the requestor is not a competitor of the entity from whom the trade secret review is requested. The certification shall include the following language: ‘‘I hereby certify that, to the best of my knowledge, I nor any member of my immediate family am now, nor plan to be, a competitor or representative, employe or agent of a competitor of the entity from whom I am making this request.’’ This certification shall be signed and dated by the requestor.

(v) Other information which is supportive of the requestor’s claim that the information sought is not a trade secret.

(2) Within 30 days of the receipt of the aggrieved person’s or employe representative’s written request or, upon its initiative, the Department will notify the person claiming the trade secret to file an application and supporting evidence. The application shall be on a form supplied by the Department.

(3) Reviews of trade secret claims under this section shall give regard to similar decisions by other Federal or Commonwealth agencies or Pennsylvania courts, or both.

(4) Proceedings shall be in conformity with 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) and shall be closed to persons except the employer, supplier, manufacturer or importer and the Department.

(i) Trade secret applications, pleadings, hearing transcripts, documents and other records filed with the Department or a court under a review of trade secret claims or appeals thereof shall be confidential and may not be disclosed to the public.

(ii) The notice of claim filed with the Department and a petition for review or other pleading filed with the courts which do not reveal either the trade secret or information claimed as confidential shall be considered as public records.

(iii) Records that reveal either the trade secret or information claimed as confidential shall be sealed and held as confidential by the Department or, upon request, returned to the employer, supplier, manufacturer or importer at the close of proceedings hereunder.

(5) If the Department finds that the information in question is not a trade secret as defined by the act and this part, it will order disclosure of the information. The order is a final adjudication appealable to the Commonwealth Court. An appeal shall act as a stay to an order of the Department or a court which requires disclosure.

This section cited in 34 Pa. Code § 317.2 (relating to trade secret claims).

History

Source: The provisions of this Chapter 317 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 317.3 Disclosure for health professionals.

(a) Treating physicians and nurses.

(1) Nonemergency situation.

(i) An employer, manufacturer, importer or supplier shall disclose the chemical identification or other information claimed as a trade secret to a treating physician or nurse if:

(A) The request is in writing.

(B) The information is needed for medical diagnosis or medical treatment of an exposed person.

(ii) An employer, manufacturer, importer or supplier may require the treating physician or nurse to sign a confidentiality agreement before disclosing the trade secret.

(2) Emergency situation.

(i) An employer, manufacturer, importer or supplier shall immediately disclose the trade secret to the treating physician or nurse in the case of a medical emergency.

(ii) An employer, manufacturer, importer or supplier may require a confidential agreement when circumstances permit.

(iii) As used in this section, an emergency is a situation which poses a risk of endangering the health or safety of an exposed person and which calls for prompt action to eliminate or reduce the risk.

(b) Other health professionals.

(1) Upon the request of a health professional who is not a treating physician or nurse, an employer, supplier, manufacturer or importer shall disclose information which is claimed as a trade secret under the same conditions and subject to the same requirements as contained in the OSHA Hazard Communication Standard, 29 CFR 1910.1200(i)(3), (4) and (7) (relating to hazard communication.)

(2) A health professional whose request for information is denied under this section may file a complaint or charge with the Department.

(3) If the Department concludes that the information is not a bona fide trade secret, or that it is a trade secret but the requesting health professional has a legitimate medical or occupational health need for the information, has executed a written confidentiality agreement and has shown adequate means to protect the confidentiality of the information, the Department may find the employer, supplier, manufacturer or importer in violation of the act and order them to disclose the requested information to the health professional.

(c) Confidentiality agreement. The confidentiality agreement under sections 11(c) and (d) of the act (35 P. S. § 7311(c) and (d)):

(1) May not include requirements for the posting of a penalty bond.

(2) May restrict the use of the information to the medical or other occupational health services to the exposed person.

(3) May prohibit the disclosure of the information to anyone who has not entered into a similar agreement with the consent of the person claiming the trade secret.

(4) May provide for appropriate legal remedies in the event of a breach of the agreement.

History

Source: The provisions of this Chapter 317 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 317.4 Penalties for disclosure of confidential information.

(a) An officer or employe of the Commonwealth, contractor to the Commonweath, physician or employe of a county health department, local fire department or local police department who has access to confidential information and who willingly or knowingly discloses the confidential information to a person not authorized to receive it shall, upon conviction thereof, be guilty of a misdemeanor of the third degree.

(b) The person or institution which discloses the confidential information is liable for damages to the full extent of those damages.

History

Source: The provisions of this Chapter 317 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 317.5 Protection of confidential information certified by Federal officials.

Information certified by appropriate officials of the Federal government as ‘‘necessarily kept secret’’ for national defense purposes shall be accorded the full protection against disclosure, as specified by the officials or under Federal statutes.

History

Source: The provisions of this Chapter 317 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 317.6 Construction of chapter.

This chapter shall be construed in conjunction with an adjudication by other forums that the trade secret claim is a trade secret. In considering claims for trade secrets, the Department will give consideration to a trade secret designation made by another appropriate entity, such as a government agency, board or commission, court or other legal entity empowered to make determinations.

History

Source: The provisions of this Chapter 317 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

Chapter 319 Protection of Employees

34 Pa. Code § 319.1 Purpose and scope.

This chapter implements the protection of employe requirements under section 13 of the act (35 P. S. § 7313) and governs the authority of employes to exercise their rights under the act.

History

Source: The provisions of this Chapter 319 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 319.2 Prohibition of discharge or discipline.

(a) No nonmanufacturing employer may discharge or cause to be discharged, or otherwise discipline or discriminate against an employe because the employe has done one of the following:

(1) Filed a complaint.

(2) Assisted the Department with respect to an inspection under section 14 of the act (35 P. S. § 7314) and Chapter 321 (relating to enforcement procedures and penalties).

(3) Instituted or caused to be instituted a proceeding under or related to the act and this part.

(4) Testified or is about to testify in a proceeding under or related to the act and this part.

(5) Requested information or properly refused to work with the specific hazardous substance under section 5 of the act (35 P. S. § 7305) and Chapter 307 (relating to Material Safety Data Sheet (MSDS)).

(6) Exercised a right afforded under the act and this part.

(b) The protections against discharge or discrimination contained in subsection (a) do not apply to a nonmanufacturing employe who, in taking any of the activities outlined in this subsection, has been found to have violated any of the following statutes:

(1) 42 Pa.C.S. § 8351 (relating to wrongful use of civil proceedings).

(2) 18 Pa.C.S. § 4902 (relating to perjury).

(3) 18 Pa.C.S. § 4903 (relating to false swearing).

(4) 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).

(5) 18 Pa.C.S. § 4906 (relating to false reports to law enforcement authorities).

(6) 18 Pa.C.S. § 4909 (relating to witness or informant taking bribe).

(7) 18 Pa.C.S. § 4910 (relating to tampering with or fabricating physical evidence).

(8) 18 Pa.C.S. § 4911 (relating to tampering with public records or information).

(9) 18 Pa.C.S. § 4952 (relating to intimidation of witnesses or victims).

(10) 18 Pa.C.S. § 4953 (relating to retaliation against witnesses or victims).

(c) Where appropriate, the Department will postpone taking action under this section if enforcement actions under other statutes designed to prevent similar discrimination have been commenced and would remedy alleged violations of this chapter.

History

Source: The provisions of this Chapter 319 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 319.3 Burden of proof.

If the Department or the employe establishes that within the 6 months prior to the alleged violation, the employe exercised a right provided in the act, the nonmanufacturing employer shall have the burden to show just cause for the employer’s action by clear and convincing evidence in a proceeding brought under Chapter 321 (relating to enforcement procedures and penalties). For purposes of this section, just cause is substantial evidence that the employer’s action would have been taken regardless of whether the employe exercised rights under the act.

History

Source: The provisions of this Chapter 319 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 319.4 Waiver of rights prohibition.

(a) A waiver by an employe or applicant for employment of the benefits or requirements of the act and this part shall be against public policy and shall be void.

(b) A nonmanufacturing employer’s request or requirement that an employe waive rights under the act as a condition of employment shall constitute a violation of section 13 of the act (35 P. S. § 7313) and this chapter.

History

Source: The provisions of this Chapter 319 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

Chapter 321 Enforcement Procedures and Penalties

34 Pa. Code § 321.1 Purpose and scope.

The purpose of this chapter is to implement the complaint and investigation procedures, civil penalties assessment, judicial review and enforcement requirements set forth in sections 14, 15 and 16 of the act (35 P. S. § § 7314—7316).

History

Source: The provisions of this Chapter 321 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 321.2 Complaint and investigation procedure.

(a) A person who believes there is a violation by an employer or supplier of the act or this part may file a complaint, within 180 days of the violation, with the Department. The complaint shall be in writing, verified and shall set forth the grounds for the complaint. Upon request of the complainant, the complainant’s identity may not be revealed. The identity of the complaining party will be disclosed if, in the course of attempting to prove the existence of a violation, the complaining party testifies or if a court orders disclosure.

(b) Within 30 days after receipt of the complaint, the Department will notify the respondent in writing and permit the respondent to demonstrate compliance under the act.

(c) If compliance has not been demonstrated by clear and convincing evidence within 14 days of the mailing of the notification, and if the facts in controversy are susceptible to verification by inspection, a representative of the Department will:

(1) Inspect, at reasonable times, the employer’s workplace and conditions relevant to the complaint.

(2) In a reasonable manner, make additional investigation considered necessary for a determination of the employer’s or supplier’s compliance with the act.

(d) Whenever a representative of the Department proceeding under this section is denied admission to a place of employment, the representative may obtain a warrant to make an inspection of the place of employment from the appropriate judicial authority upon a showing of the following:

(1) That the individual seeking the warrant is an authorized agent of the Department.

(2) That the individual has established, under oath, that the place of employment to be investigated under this section is to be inspected to determine compliance with the requirements of the act and this part.

(e) Upon application to the appropriate judicial authority, and upon good cause shown, the Department may obtain an inspection warrant prior to the 14-day period set forth in subsection (c) and prior to a refusal by respondent to voluntarily admit a representative of the Department.

This section cited in 34 Pa. Code § 305.2 (relating to maintenance and disclosure of Hazardous Substance Survey Forms); 34 Pa. Code § 305.6 (relating to public access); and 34 Pa. Code § 307.15 (relating to public access).

History

Source: The provisions of this Chapter 321 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 321.3 Issuance and content of order.

If, upon investigation of a complaint, the Department finds that a respondent has violated the act or this part, within 7 days it will issue to the respondent an order to comply. This order will be in writing, specifically describe the nature of the violation and state a reasonable time period, not to exceed 90 days, within which the violation shall be corrected by the employer. The order shall contain other information that the Department will require.

History

Source: The provisions of this Chapter 321 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 321.4 Determination of penalty amount.

(a) Power of assessment. The Department has the authority to assess civil penalties from $500 to $10,000 for each violation of the act, unless a greater amount is specified elsewhere in the act, giving consideration to the appropriateness of the penalty with respect to the size of the business of the employer being charged, the gravity of the violation, the good faith of the respondent and the history of previous violations. The amount of the civil penalty shall be based upon the point-system formula set forth in this section.

(b) Calculation of penalties. Four criteria will be used to determine the penalty amount. The criterion will be assigned points under the schedule in paragraph (1):

(1) Size of business. This criterion will take into consideration the number of employes on the date of the violations who are regularly assigned to the workplace where the violation occurred. A maximum of 25 points may be assigned to this criterion under the following:

(2) Gravity of violation. The criteria will be based upon two factors—the type of information which appropriate persons are not able to obtain under the act, and the extent to which the information is not provided. A factor may be assigned points under the schedule in this paragraph. Total points may not exceed 25 for both factors combined.

(i) The type of information involved in the violation:

(ii) Extent to which information is not provided:

(3) History of previous violations. This criterion shall be based on the number of assessed violations in the subject workplace in a preceding 12 month period. Only violations for which penalties are paid and which are not subject to further appeal may be included. These criteria may account for up to 25 penalty points:

(4) Good faith of respondent. This criteria may be used to reduce the point calculation, based upon credits given for the respondent’s good faith in abating the violation and will result in a reduction of total penalty points as follows:

(1) The net total penalty points will be applied to the following penalty schedule to determine the penalty:

(2) For each penalty point from 27 to 75, $194 may be added to the penalty. A penalty calculated under this section may not exceed $10,000.

(d) Special assessments.

(1) If the violation has not been abated within the time period provided for in an order to comply, the Department may levy a further civil penalty of not more than $5,000 per day for a violation.

(2) If the employer fails to abate a violation for which no penalty has been assessed, the Department may assess a civil penalty of $500.

(3) If the employer fails to abate a violation for which a penalty has been assessed, the Department may assess a daily civil penalty equal to the amount calculated under the penalty system, but not to exceed $5,000 per day.

(e) Director responsibilities. Penalty assessments will be determined initially by the Director or a designee.

(1) The penalty assessment may not be determined by the inspector who issued the order containing the violation being assessed; however, the inspector may provide information regarding the criteria upon which the penalty is assessed.

(2) The Director may conduct informal conferences with the parties prior to a formal review under this chapter.

(f) Waiver of point system. The Director has the authority to waive application of the point system for good cause shown.

History

Source: The provisions of this Chapter 321 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 321.5 Hearings.

(a) The respondent may, in writing, request the Department to provide a hearing concerning orders to comply or penalties levied upon the employer under this chapter within 30 days of the respondent’s receipt of the notice. The request shall be filed as a petition under 1 Pa. Code § 35.17 (relating to petitions generally).

(b) The hearing will be held under 2 Pa.C.S. § § 501—508 and 701—704 (relating to Administrative Agency Law), and 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).

(d) The validity of an order underlying a penalty assessment may be an issue in a hearing on the penalty assessment conducted under subsection (a), whether or not a request for a hearing on the order was previously sought.

History

Source: The provisions of this Chapter 321 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 321.6 Preliminary relief.

(a) If the Department determines that reasonable cause exists to believe a violation has occurred, and that the violation may present an imminent danger to an employe or member of the public, the Department will seek a preliminary or special injunction in the appropriate court of common pleas.

(b) The courts of common pleas are empowered to and shall issue injunctive relief upon a prima facie showing by the Department of a violation and a showing by a preponderance of the evidence that an imminent danger situation is present.

History

Source: The provisions of this Chapter 321 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 321.7 Interference with inspection.

(a) An employer or individual who wilfully impedes an authorized representative of the Department from carrying out an investigation or inspection under the act or this part or who refuses entry to an authorized representative of the Department to a workplace where the inspection is authorized by a warrant shall be assessed a civil penalty of not more than $1,000.

(b) A person who gives advance notice of an inspection to be conducted under the act without authority from the Department shall be assessed a civil penalty of not more than $1,000.

History

Source: The provisions of this Chapter 321 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 321.8 Judicial review and enforcement.

(a) Appellate review.

(1) A person aggrieved by a final determination of the Department under sections 11 and 14 of the act (35 P. S. § § 7311 and 7314) may file a petition for review within 30 days of determination in Commonwealth Court, 42 Pa.C.S. § 763(a) (relating to direct appeals from government agencies).

(2) The decision of the Department may not be reversed or modified, unless the decision is found to be arbitrary, capricious, illegal or not supported by substantial evidence.

(b) Original action.

(1) An aggrieved person may bring a civil action in the appropriate court of common pleas on his own behalf against an employer or supplier for a violation of the act, except section 11 of the act (35 P. S. § 7311), or Chapter 317 (relating to trade secrets) or may bring suit in Commonwealth Court against the Department for failure to enforce the act or this part.

(2) Where the action involves the rights of more than one employe, a certified or recognized collective-bargaining representative has standing to sue on behalf of the employes.

(3) The court may issue, whenever it deems appropriate, a preliminary, permanent or special injunction.

(4) Under no circumstances may the act or this part be construed to require, and under no circumstances may a court award compensatory and liquidated damages, costs and expenses of litigation, including expert witness fees and reasonable attorney fees.

History

Source: The provisions of this Chapter 321 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 321.9 False statements and intentional omissions.

(a) A person who knowingly makes a false statement, representation or certification in a list, record or other document required to be maintained under the act or this part or who intentionally or deliberately refrains from complying with the act shall be assessed a civil penalty of not more than $10,000 or shall be guilty of a criminal offense classed as a misdemeanor of the first degree, or both.

(b) An employer or supplier who wilfully or recklessly prepares an MSDS for the purpose of withholding or falsifying relevant information concerning the nature and severity of the hazardous nature of the substance shall be assessed a civil penalty of not more than $10,000 or shall be guilty of a criminal offense classed as a misdemeanor of the first degree, or both.

History

Source: The provisions of this Chapter 321 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

Chapter 323 Hazardous Substance List

34 Pa. Code § 323.1 General.

Under section 3 of the act (35 P. S. § 7303), the Department adopts a Hazardous Substance List as set forth in Appendix A.

History

Authority: The provisions of this Appendix A amended under section 3 of the act of October 5, 1984 (P.
Source: The provisions of this Chapter 323 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 323.2 Special hazardous substances.

(a) Hazardous substances which are considered special hazardous substances because their particular toxicity, tumorigenicity, mutagenicity, reproductive toxicity, flammability, explosivity, corrosivity or reactivity pose a special hazard to health and safety. Only substances on the Hazardous Substance List in Appendix A which have the letter ‘‘S’’ are part of the Special Hazardous Substance List.

(b) The Department will evaluate the appropriateness of designing hazardous substances as special hazardous substances based on the following criteria:

(1) The substance shall be one which is on the Department’s Hazardous Substance List.

(2) The hazardous substance when present at concentrations of less than 1.0%, but greater than .01%, shall pose a special hazard to health and safety due to its toxicity, tumorigenicity, mutagenicity, reproductive toxicity, flammability, explosiveness, corrosivity or reactivity.

(3) Reliable, current and accurate scientific evidence shall demonstrate the elements of paragraph (2).

History

Authority: The provisions of this Appendix A amended under section 3 of the act of October 5, 1984 (P.
Source: The provisions of this Chapter 323 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 323.3 Environmental hazards.

(a) Hazardous substances which are considered environmental hazards because of their particular or extreme properties pose a danger if released into the environment are contained in an Environmental Hazard List. Only substances on the Hazardous Substance List in Appendix A which have the letter ‘‘E’’ are part of the Environmental Hazard List.

(b) The Department will evaluate the appropriateness of designating hazardous substances as environmental hazards based on the following criteria:

(1) The substance shall be one which is on the Department’s Hazardous Substance List.

(2) The substance shall be regulated under Federal, State, county or municipal environmental statutes.

(3) The substance shall pose a danger if released into the environment in that it shall be considered toxic, hazardous or it shall be a contaminant subject to Statewide standards for emissions or discharges under current environmental statutes regulating the substance.

History

Authority: The provisions of this Appendix A amended under section 3 of the act of October 5, 1984 (P.
Source: The provisions of this Chapter 323 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 323.4 Additions and deletions to the Hazardous Substance List.

Except as provided by § 323.5 (relating to automatic additions to Hazardous Substance List), the Department will add or delete substances from the list contained in Appendix A only following public notice, hearings and publication of a rulemaking under the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § § 1102, 1201—1208 and 1602) and 45 Pa.C.S. Part II (relating to publication and effectiveness of Commonwealth documents).

This section cited in 34 Pa. Code § 323.5 (relating to automatic additions to Hazardous Substance List).

History

Authority: The provisions of this Appendix A amended under section 3 of the act of October 5, 1984 (P.
Source: The provisions of this Chapter 323 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 323.5 Automatic additions to Hazardous Substance List.

(a) Chemicals not listed in Appendix A which appear in future compilations or issues of the following lists will automatically be added to the Hazardous Substance List in Appendix A upon publication of a notice of the automatic additions in the Pennsylvania Bulletin.

(1) Federal Environmental Protection Agency (EPA) list of toxic pollutants and hazardous substances prepared under sections 307 and 311 of the Federal Clean Water Act of 1977 (33 U.S.C.A. § § 1317 and 1321).

(2) EPA list of hazardous air pollutants prepared under section 112 of the Federal Clean Air Act (42 U.S.C.A. § 7412).

(3) EPA list of restricted use of pesticides found at 40 CFR 162.30 (relating to optional procedures for classification of pesticide uses by regulation).

(4) EPA Carcinogen Assessment Group’s List of Carcinogens.

(5) OSHA list of toxic and hazardous substances found in 29 CFR Part 1910, Subpart Z (relating to toxic and hazardous substances).

(6) International Agency for Research on Cancer sublist, entitled ‘‘Sufficient Evidence of Carcinogenicity in Animals.’’

(7) National Toxicology Program’s list of substances published in their latest Annual Report on Carcinogens.

(8) National Fire Protection Association list found in ‘‘Hazardous Chemicals Data (NFPA 49).’’

(9) National Fire Protection Association list found in ‘‘Fire Hazard Properties of Flammable Liquids, Gases, Volatile Solids (NFPA 325M),’’ but only substances found on sublists for health items, categories 2, 3 and 4; sublist for reactivity items, categories 3 and 4; and sublists for flammability, categories 3 and 4.

(10) American Conference of Governmental Hygienists list found in ‘‘Threshold Limit Value for Chemical Substances and Physical Agents in the Workplace.’’

(11) National Cancer Institute sublist, entitled ‘‘Carcinogens Bioassays with at Least Evidence Suggestive of Carcinogenic Effect,’’ but including only substances which satisfy criteria of the National Toxicology Program indicating significant carcinogenic effect.

(b) The Department will annually submit to the Legislative Reference Bureau for recommended publication as a notice in the Pennsylvania Bulletin a recompilation of Appendix A, containing additions and deletions made under § 323.4 (relating to additions and deletions to the Hazardous Substance List) and this section.

This section cited in 34 Pa. Code § 323.4 (relating to additions and deletions to the Hazardous Substance List).

History

Authority: The provisions of this Appendix A amended under section 3 of the act of October 5, 1984 (P.
Source: The provisions of this Chapter 323 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

34 Pa. Code § 323.6 On-site testing of environmental hazards.

(a) The Department may conduct, at its own expense and for good cause shown, on-site testing for environmental hazards or use other methods that will provide more exact information concerning the environmental hazards reported in the Environmental Hazard Survey under section 3(g) of the act (35 P. S. § 7303(g)). The action will be considered by the Department upon receipt of a written request which contains the following information:

(1) The name and address of the requesting party.

(2) A reasonable description or name of substances requested to be tested.

(3) The specific reasons why the requested testing is desired.

(4) The name, address and location of the company and workplace or work area where the testing is requested to be conducted.

(5) The efforts made to obtain the information sought through the testing.

(6) Additional information the Department considers pertinent to the request.

(b) Interested parties for purposes of consultation with respect to a request for on-site testing include the following:

(1) The employer responsible for completing the Environmental Hazard Survey for the workplace for which testing is required.

(2) The party requesting the on-site testing.

(3) Other parties that the Department may consider, in its discretion, to have an appropriate interest in the testing request.

(c) The workplace employer or site owner may conduct on-site testing instead of the Department. Upon the written request of the owner or employer, the Department will detail, in writing, the type and methods of testing and provide technical assistance to aid the owner or employer which chooses to conduct testing instead of the Department.

(d) In an emergency, the Department may undertake testing at the Commonwealth’s expense. The Department, at its discretion, will determine situations which constitute emergencies for purposes of this section.

(e) The Department may not conduct on-site testing which has already been conducted by the OSHA, the Department of Environmental Resources or the Mine Safety Health Administration.

This section cited in 34 Pa. Code § 301.3 (relating to jurisdiction/exemptions).

The provisions of this Appendix A amended under section 3 of the act of October 5, 1984 (P. L. 734, No. 159) (35 P. S. § 7303).

The provisions of this Appendix A adopted August 1, 1986, effective August 2, 1986, 16 Pa.B. 2909; amended August 11, 1989, effective January 1, 1990, 19 Pa.B. 3513. Immediately preceding text appears at serial pages (110017) to (110050).

History

Authority: The provisions of this Appendix A amended under section 3 of the act of October 5, 1984 (P.
Source: The provisions of this Chapter 323 adopted August 1, 1986, effective December 1, 1986, 16 Pa.

Part XIV Uniform Construction Code

Chapter 401 Uniform Construction Code Training and Certification of Code Administrators

34 Pa. Code § 401.1 Definitions.

The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: ALI—The Automatic Lift Institute, Post Office Box 33116, Indialantic, Florida, 32903-3116. ANSI—American National Standards Institute, 11 West 42nd Street, New York, New York 10036. APSP—The Association of Pool and Spa Professionals, 2111 Eisenhower Avenue, Alexandria, Virginia 22314-4695. ASME—The American Society of Mechanical Engineers, Three Park Avenue, New York, New York 10016-5990. ASTM—The American Society of Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959. Accessibility Advisory Board—The Department’s Accessibility Advisory Board created under section 106 of the act (35 P.S. § 7210.106). Accredited academic institution—A high school, technical or vocational school, private school licensed or registered with the Department of Education, junior college, community college or university. Act—The Pennsylvania Construction Code Act (35 P.S. § § 7210.101—7210.1103). Addition—An extension or increase in floor area or height of a building or structure. Agricultural building—

(i) 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, a milk house and a structure used to grow mushrooms.

(ii) The term includes a carriage house owned and used by members of a recognized religious sect for the purposes of housing horses and storing buggies.

(iii) The term does not include habitable space or spaces in which agricultural products are processed, treated or packaged and will not be construed to mean a place of occupancy by the general public. Alteration—Any construction or renovation to an existing structure other than repair or addition. Board of appeals—A body established by a municipality or municipalities which are parties to an agreement for the joint administration and enforcement of the act to hear requests for variances or extensions of time, and appeals from code administrator decisions. Building—A structure used or intended for supporting or sheltering any occupancy. Building code official—A construction code official, or the building code official’s designee, who manages, supervises and administers building code enforcement activities under § 401.7(a)(18) (relating to certification category specifications). Duties include, but are not limited to: management of building code enforcement activities; supervision of building inspectors or plan examiners; authorizing issuance of certificates of occupancy; issuance of building permits, violation notices and orders to vacate; and the initiation of prosecutions. Certificate of occupancy—A certificate issued by a building code official allowing occupancy of a building or structure under the Uniform Construction Code. Certified building official—A classification administered by the International Code Council or its predecessor organization. Chapter 11—Chapter 11 of the International Building Code relating to accessibility requirements adopted as part of the Uniform Construction Code. Code administrator—A municipal code official, construction code official or third-party agency certified with the Department under the act or the Department under section 103 of the act (35 P.S. § 7210.103). The term includes an individual certified in a category established under this chapter to perform plan review of construction documents or administer and enforce codes and regulations in that category under the act or related acts. Commercial construction—A building, structure or facility that is not a residential building. Construction code official—An individual certified by the Department in an appropriate category established under section 701(b) of the act (35 P.S. § 7210.701(b)) to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations in that category under the act or related acts under section 103 of the act. Conveyor—A horizontal, inclined or vertical device for moving or transporting bulk material, packages or objects in a path predetermined by the design of the device and having points of loading and discharge, fixed or selected, and related equipment and devices described in and governed by the ASME standards adopted in this chapter. Current code administrator—An individual who performed plan review of construction documents, inspections of one-family or two-family residential property or other buildings, structures and equipment or administered and enforced a construction code program, and who was employed by or under contract with the Commonwealth or a municipality prior to the effective date of adoption of the final-form regulations for the Uniform Construction Code. The term includes an individual who performed these duties as an employee, contractor or agent of a person employed by or under contract with the Commonwealth or a municipality of this Commonwealth prior to April 9, 2004. Department—The Department of Labor and Industry of the Commonwealth. Elevator—Hoisting and lowering devices governed by ASME standards adopted by the Department under the Uniform Construction Code and other lifting devices subject to the requirements of the Uniform Construction Code. Elevator Safety Board—The Elevator Safety Board of the Commonwealth established under section 2214.1 of The Administrative Code of 1929 (71 P.S. § 574.1). Facility—All or any portion of buildings, structures, site improvements, elements and pedestrian or vehicular routes located on sites where the buildings or structures are located. Filing date—The date that the Department or building code official receives the completed permit application. Fire and Panic Act—The act of April 27, 1927 (P.L. 465, No. 299) (35 P.S. § § 1221—1235), known as the Fire and Panic Act. Health care facility—A facility licensed under the Health Care Facilities Act. Health Care Facilities Act—The Health Care Facilities Act (35 P.S. § § 448.101—448.904b). ICC—International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401. ICC Evaluation Services, Inc.—The ICC Evaluation Services, Inc., 5360 Workman Mill Road, Whittier, California 90601. ISO—The International Organization for Standardization, 1, Rue de Varembé, Case Postale 56 CH 1211, Geneva 20, Switzerland. Industrial Board—The Department’s Industrial Board established under sections 445 and 2214 of The Administrative Code of 1929 (71 P.S. § § 155 and 574), which hears requests for variances and extensions of time and appeals of decisions of the Department under the Uniform Construction Code. Industrialized housing—Under section 3 of the Industrialized Housing Act (35 P.S. § 1651.3), a structure designed primarily for residential occupancy which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation, or assembly and installation, on the building site. The term does not include housing units defined as mobile homes. International Accreditation Service, Inc.—The International Accreditation Service, Inc., 5360 Workman Mill Road, Whittier, California 90601. International Building Code—An International Building Code issued by the ICC. The term includes all errata issued by the ICC. International Energy Conservation Code—An International Energy Conservation Code issued by the ICC. The term includes all errata issued by the ICC. International Existing Building Code—An International Existing Building Code for Buildings and Facilities issued by the ICC. The term includes all errata issued by the ICC. International Fire Code—An International Fire Code issued by the ICC. The term includes all errata issued by the ICC. International Fuel Gas Code—An International Fuel Gas Code issued by the ICC. The term includes all errata issued by the ICC. International Mechanical Code—An International Mechanical Code issued by the ICC. The term includes all errata issued by the ICC. International Performance Code—An International Performance Code for Buildings and Facilities issued by the ICC. The term includes all errata issued by the ICC. International Plumbing Code—An International Plumbing Code issued by the ICC. The term includes all errata issued by the ICC. International Residential Code—An International Residential Code for One- and Two-Family Dwellings issued by the ICC. The term includes all errata issued by the ICC. International Swimming Pool and Spa Code—An International Swimming Pool and Spa Code issued by the ICC. The term includes all errata issued by the ICC. International Wildland-Urban Interface Code—An International Wildland-Urban Interface Code issued by the ICC. The term includes all errata issued by the ICC. Legally occupied—Use or habitation of a building or facility that was occupied in accordance with all valid construction statutes and ordinances in effect before April 9, 2004. Manufactured housing—Under section 901(a) of the act (35 P.S. § 7210.901(a)), housing which bears a label as required by and referenced in the Manufactured Housing Act (35 P.S. § § 656.1—1656.9), certifying that it conforms to Federal construction and safety standards adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C.A. § § 5401—5426). NEC—NFPA-70, a National Electrical Code issued by the NFPA. The term includes all errata issued by the NFPA. NFPA—The National Fire Protection Association, One Batterymarch Park, Quincy, MA 02169. Occupancy—Approved use of a building or a structure under the Uniform Construction Code. PHRC—The Pennsylvania Housing Research Center, 219 Sackett Building, University Park, Pennsylvania 16802. Passenger ropeway—An aerial tramway, aerial lift, surface lift, tow, conveyor or other lifting device which carries, pulls or pushes passengers along a level or inclined path by means of a haul rope or other flexible element which is driven by a power unit remaining essentially at a single location. Pennsylvania’s Alternative Residential Energy Provisions—The ‘‘Pennsylvania Alternative Residential Energy Provisions’’ issued in 2009 by the PHRC. This term includes all errata issued by the PHRC. Permit—A document issued by a building code official authorizing the construction, alteration, repair, demolition, location, maintenance or installation relating to a building, structure, elevator or equipment under the Uniform Construction Code. Person—Includes a corporation, partnership, business trust, other association, estate, trust, foundation or natural person. The term also includes the governing authority for a county or municipality, and a government entity other than the Commonwealth. Personal delivery—The date that the appeal or request for a variance or extension of time under § § 403.122 and 403.142 (relating to appeals, variances and extensions of time; and Accessibility Advisory Board) was delivered to a common carrier, or was received by facsimile transmission or hand-delivery at the office of the building code official. Postmark—The date of the official United States Postal Service postmark on the envelope containing an appeal or request for variance or extension of time under § § 403.122 and 403.142 or the date of a private postage meter mark on the envelope containing the appeal or request. Recreational cabin—A structure where all of the following apply:

(i) The cabin is utilized principally for recreational activity.

(ii) The cabin is not utilized as a domicile or residence for any individual for any time period.

(iii) The cabin is not utilized for commercial purposes.

(iv) The cabin is not greater than two stories in height, excluding basement.

(v) The cabin is not utilized by the owner or any other person as a place of employment.

(vi) The cabin is not a mailing address for bills and correspondence.

(vii) The cabin is not listed as an individual’s place of residence on a tax return, driver’s license, car registration or voter registration. Repair—Reconstruction or renewal of any part of an existing building for the purpose of its maintenance. Residential building—Detached one-family and two-family dwellings and townhouses which are not more than three stories above grade plane in height with a separate means of egress and their accessory structures. Secretary—The Secretary of the Department. State-owned building—A building owned by or to be constructed for Commonwealth entities consisting of the General Assembly, the Unified Judicial System, the Pennsylvania Higher Education Assistance Agency, an executive agency, independent agency, and a State-affiliated entity or State-related institution as defined in 62 Pa.C.S. § 103 (relating to definitions). Structure—A combination of materials that are built or constructed with a permanent location or attached to something that has a permanent location. Third-party agency—A person, firm or corporation certified by the Department as a construction code official and contracted to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations under the act. Uncertified building—

(i) An existing building which was not approved for use and occupancy by the Department or a municipality which was enforcing a building code before April 9, 2004.

(ii) The term does not include a residential building. Uniform Construction Code—This part, An International Building Code and the International Residential Code for One- and Two-Family Dwellings, available from the International Code Council, Inc., 4051 W. Flossmoor Road, Country Club Hills, Illinois 60478-5795, (888) 422-7233; and any standards adopted by the Department in this part under sections 301 and 304 of the act (35 P.S. § § 7210.301 and 7210.304). Utility and miscellaneous use structures—

(i) Buildings or structures of an accessory character and miscellaneous structures not classified by the ICC in any specific use group.

(ii) The term includes carports, detached private garages, greenhouses and sheds having a building area less than 1,000 square feet.

(iii) The term does not include swimming pools or spas. Variance—A modification of a Uniform Construction Code standard approved by a board of appeals or the Industrial Board and by the Secretary for accessibility requirements.

The provisions of this § 401.1 amended under sections 105, 301, 302 and 304(a)(1)—(3) of the Pennsylvania Construction Code Act (35 P.S. § § 7210.105, 7210.301, 7210.302 and 7210.304(a)(1)— (3)); and section 2214(f)(1) and (2) of The Administrative Code of 1929 (71 P.S. § 574.1(f)(1) and (2)).

The provisions of this § 401.1 amended January 9, 2004, effective April 9, 2004, 34 Pa.B. 319; amended December 15, 2006, effective December 31, 2006, 36 Pa.B. 7548; amended December 24, 2009, effective December 31, 2009, 39 Pa.B. 7196; amended December 21, 2012, effective December 31, 2012, 42 Pa.B. 7646; amended November 25, 2015, effective December 31, 2015, 45 Pa.B. 6813; amended May 6, 2016, effective May 7, 2016, 46 Pa.B. 2315; amended September 29, 2018, effective October 1, 2018, 48 Pa.B. 6261; amended June 14, 2019, effective June 15, 2019, 49 Pa.B. 3077; corrected July 19, 2019, effective immediately, 49 Pa.B. 3732; amended December 24, 2021, effective December 25, 2021, 51 Pa.B. 7981; amended February 11, 2022, effective February 14, 2022, 52 Pa.B. 971; amended November 7, 2025, effective January 1, 2026, 55 Pa.B. 7701; amended June 19, 2026, effective December 20, 2026, 56 Pa.B. 3606. Immediately preceding text appears at serial pages (425535) to (425538), (407573) to (407574) and (425539).

This section cited in 31 Pa. Code § 403.1 (relating to scope).

History

Authority: The provisions of this Chapter 401 issued under section 701(a) of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 401 adopted April 12, 2002, effective July 12, 2002, 32 Pa.

34 Pa. Code § 401.2 Department fees.

(a) The following fees apply to the certification of code officials. The Department will charge one fee per certification application. An individual may apply for certification for multiple categories on a single application form. Fees are nonrefundable.

(1) Initial certification and registration—$50.

(2) Certification renewal—$50.

(3) Third-party agency certification and renewal—$250.

(4) Identification card replacement—$10.

(b) Fees that apply to the Department’s issuance of a permit for the construction, alteration or demolition of a building or structure will be updated annually and published in the Pennsylvania Bulletin and on the Department’s website.

(c) Fees that apply to plan review and application for a permit for installation will be updated annually and published in the Pennsylvania Bulletin and on the Department’s website.

(d) Fees that apply to periodic elevator and other lifting device inspections under § 405.7 (relating to periodic inspections) will be updated annually and published in the Pennsylvania Bulletin and on the Department’s website.

(e) Fees that apply to witnessing periodic tests under § 405.8 (relating to periodic testing) will be updated annually and published in the Pennsylvania Bulletin and on the Department’s website.

(f) Fees that apply to the witnessing of periodic dynamic testing required under § 405.9 (relating to periodic dynamic testing) will be updated annually and published in the Pennsylvania Bulletin and on the Department’s website.

(g) Fees that apply to a certificate of operation will be updated annually and published in the Pennsylvania Bulletin and on the Department’s website.

(h) Fees that apply to a variance request will be updated annually and published in the Pennsylvania Bulletin and on the Department’s website.

The provisions of this § 401.2 amended under sections 105, 301, and 304 of the Pennsylvania Construction Code Act (35 P.S. § § 7210.105, 7210.301 and 7210.304); and section 2214.1(f)(1) and (2) of The Administrative Code of 1929 (71 P.S. § 574.1(f)(1) and (2)).

The provisions of this § 401.2 amended January 9, 2004, effective April 9, 2004, 34 Pa.B. 319; amended December 15, 2006, effective December 31, 2006, 36 Pa.B. 7548; amended June 19, 2026, effective December 20, 2026, 56 Pa.B. 3606. Immediately preceding text appears at serial pages (425539) to (425540) and (425977) to (425978).

This section cited in 34 Pa. Code § 401.5 (relating to waivers); 34 Pa. Code § 401.8 (relating to certification renewal); 34 Pa. Code § 401.11 (relating to certification of third-party agency); 34 Pa. Code § 401.15 (relating to registration of current code administrators); 34 Pa. Code § 403.43 (relating to grant, denial and effect of permits); and 34 Pa. Code § 405.6 (relating to certificate of operation).

History

Authority: The provisions of this Chapter 401 issued under section 701(a) of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 401 adopted April 12, 2002, effective July 12, 2002, 32 Pa.

34 Pa. Code § 401.2a Municipal and third-party agency fees.

(a) A municipality or third-party agency that enforces the Uniform Construction Code may establish fees for its administration and enforcement and time periods for payment of the fees. The municipality or third-party agency may establish a required time period for payment of the fees and fees for plan review, inspections and other activities related to the Uniform Construction Code.

(b) The building code official for the municipality and a third-party agency shall make the fee schedule available to the public.

(d) A municipality or third-party agency may withhold issuance of a certificate or permit until a required fee is paid.

(e) A municipality may establish other fees authorized by law.

The provisions of this § 401.2a issued under sections 301 and 304 of the Pennsylvania Construction Code (35 P.S. § § 7210.301 and 7210.304).

The provisions of this § 401.2a added January 9, 2004, effective April 9, 2004, 34 Pa.B. 319.

This section cited in 34 Pa. Code § 403.43 (relating to grant, denial and effect of permits); 34 Pa. Code § 403.63 (relating to grant, denial and effect of permits); and 34 Pa. Code § 403.102 (relating to municipalities electing to enforce the Uniform Construction Code).

History

Authority: The provisions of this Chapter 401 issued under section 701(a) of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 401 adopted April 12, 2002, effective July 12, 2002, 32 Pa.

34 Pa. Code § 401.3 Certification required.

(a) A person may not perform a plan review of construction documents, inspect construction or equipment, or administer and enforce the Uniform Construction Code without being currently certified or registered by the Department in the category applicable to the work that is to be performed.

(b) A person may not approve plans or perform inspections relating to accessibility requirements without being certified by the Department as an accessibility inspector/plans examiner.

History

Authority: The provisions of this Chapter 401 issued under section 701(a) of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 401 adopted April 12, 2002, effective July 12, 2002, 32 Pa.

34 Pa. Code § 401.4 Application and identification.

(a) An applicant for certification shall submit a Department-provided application, pay the required fee and submit verification of meeting the requirements of this chapter and passing all of the certification examinations for a specific certification category in § 401.6 (relating to certification categories and testing) on or after July 12, 1996.

(b) The Department will issue an identification card to an applicant who meets the certification requirements.

(c) A certification holder shall notify the Department in writing if the identification card is lost or destroyed. The Department will charge a required fee for issuance of a new identification card.

(d) Certification and certification renewal will not be valid until the Department receives the required fee.

(e) The period of certification shall be 3 years from the issuance date of a certification under § 401.8(a) (relating to certification renewal).

(f) The Department may refuse to issue certification for just cause in accordance with § 401.14 (relating to decertification or refusal). The Department will provide written notification of the reasons for the refusal to issue certification.

The provisions of this 401.4 corrected April 26, 2002, effective July 12, 2002, 32 Pa.B. 2114.

This section cited in 34 Pa. Code § 401.5 (relating to waivers); 34 Pa. Code § 401.8 (relating to certification renewal); and 34 Pa. Code § 401.14 (relating to decertification or refusal to certify).

History

Authority: The provisions of this Chapter 401 issued under section 701(a) of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 401 adopted April 12, 2002, effective July 12, 2002, 32 Pa.

34 Pa. Code § 401.5 Waivers.

(a) The Department may grant a request for waiver of the testing requirements of § 401.6 (relating to certification categories and testing) if the applicant meets any of the following criteria:

(1) Passed a test substantially similar to the testing categories in § 401.6 within the 6 years prior to July 12, 2002.

(2) Passed a test substantially similar to the testing categories in § 401.6 before July 12, 1996, so long as the applicant submits any of the following to the Department:

(i) Evidence of continued employment as a code administrator in the related field.

(ii) Current certification issued by a model code organization.

(iii) Evidence of completion of 30 hours of continuing education or a college degree program in associated fields.

(3) Passed a certified building official examination. An applicant who passed the examination may be eligible to receive certification in the following categories:

(i) Residential building inspector.

(ii) Building inspector.

(iii) Building plans examiner.

(b) An applicant for waiver shall complete a Department-provided application form and pay the required initial certification fee under § 401.2 (relating to Department fees). If the Department approves the waiver, the applicant shall comply with § 401.4 (relating to application and identification).

(c) A code administrator may act in place of a lumber grading or inspection agency to satisfy the requirement under section 2303.1.1 of the International Building Code or its successor code or sections R404.2.1, R502.1, R602.1, R802.1 of the ‘‘International Residential Code’’ or its successor code under section 701(b)(2) of the act (35 P. S. § 7210.701(b)(2)).

The provisions of this § 401.5 amended under section 301 of the Pennsylvania Construction Code (35 P. S. § 7210.301).

The provisions of this § 401.5 corrected April 26, 2002, effective July 12, 2002, 32 Pa.B. 2114; amended December 15, 2006, effective December 31, 2006, 36 Pa.B. 7548. Immediately preceding text appears at serial page (302323).

History

Authority: The provisions of this Chapter 401 issued under section 701(a) of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 401 adopted April 12, 2002, effective July 12, 2002, 32 Pa.

34 Pa. Code § 401.6 Certification categories and testing.

The Department will issue a certification for a specific category to an applicant who receives a passing grade in all of the examinations required for that category. The Department will accept the following category examinations or successor examinations administered by the Department, the National Certification Program for Construction Code Inspectors, Assessment Services, Incorporated, the National Association of Elevator Safety Authorities or other Nationally-recognized testing program approved by the Department. The Department will list the approved providers on its Internet website.

This section cited in 34 Pa. Code § 401.4 (relating to application and identification); 34 Pa. Code § 401.5 (relating to waivers); 34 Pa. Code § 401.8 (relating to certification renewal); 34 Pa. Code § 401.9 (relating to continuing education); and 34 Pa. Code § 401.10 (relating to Department-approved providers).

History

Authority: The provisions of this Chapter 401 issued under section 701(a) of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 401 adopted April 12, 2002, effective July 12, 2002, 32 Pa.

34 Pa. Code § 401.7 Certification category specifications.

An individual certified by the Department in the following categories may perform the duties described in the specific category as a construction code official:

(1) Residential building inspector.

(i) Inspects one-family and two-family dwellings and jurisdictional accessory structures to ensure that these structures are free from hazardous structural conditions and comply with the Uniform Construction Code.

(ii) Duties include inspection of footings and foundations, concrete slabs, wood decay and termite protection, floor and ceiling framing, wall framing, roof framing, masonry walls, sheathing, roof covering, interior and exterior wall coverings, means of egress system and safety glazing.

(2) Residential electrical inspector.

(i) Inspects one-family and two-family dwellings and jurisdictional accessory structures to ensure that these structures are free from hazardous electrical installations and comply with the Uniform Construction Code.

(ii) Duties include determining compliance of electrical service, electrical distribution systems, wiring methods, panel boards, control devices, conductors and electrical fixture installation.

(3) Residential mechanical inspector.

(i) Inspects one-family and two-family dwellings and jurisdictional accessory structures to ensure that these structures are free from hazardous mechanical installations and comply with the Uniform Construction Code.

(ii) Duties include determining compliance of mechanical equipment, gas fuel supply systems, venting of appliances, air ducts, combustion air and comfort cooling.

(4) Residential plumbing inspector.

(i) Inspects one-family and two-family dwellings and jurisdictional accessory structures to ensure that these structures are free from hazardous plumbing installations and comply with the Uniform Construction Code.

(ii) Duties include determining compliance of water service, building sewer, water distribution, drainage, waste and vents and fixtures.

(5) Residential energy inspector.

(i) Inspects one-family and two-family dwellings and jurisdictional accessory structures to ensure that energy installations are made in the manner specified in the Uniform Construction Code.

(ii) Duties include determining compliance of conditioned or unconditioned spaces, R-values for roof/ceiling, floor and wall assemblies and insulation placement, installation of materials for the building envelope and its components, moisture control methods such as caulking, sealing and weather-stripping, duct and dipping insulation and sealing criteria, thermostats for each heating and cooling system, electrical metering, lighting installation and controls and piping insulation, circulation pump controls, heat traps, shower heads and pool cover installations.

(6) Building inspector.

(i) Ensures that buildings and structures are constructed in accordance with the Uniform Construction Code.

(ii) Duties include inspection of construction site and building location, footings and foundations, wood and steel framing and connections, masonry construction, precast and cast-in-place concrete, exterior weather boarding, fire-stopping and draft-stopping, building components related to life safety and fire protection systems and building components related to size, installation and workmanship.

(iii) May perform residential inspector duties listed in paragraph (1).

(7) Electrical inspector.

(i) Ensures that electrical installations are made in accordance with the Uniform Construction Code regardless of the size or components used in the installation.

(ii) Duties include determining compliance of raceways (installations, size), cables, panel boards and boxes, conductors, control devices, motors and generators, electrical equipment and special occupancies.

(iii) May perform residential electrical inspector duties listed in paragraph (2).

(8) Mechanical inspector.

(i) Ensures that mechanical installations are made in the manner specified in the Uniform Construction Code.

(ii) Duties include determining compliance of fuel piping systems, heating, cooling and ventilation, fuel-fired equipment venting, steam and hot water heating systems and piping and energy conservation.

(iii) May perform residential mechanical inspector duties listed in paragraph (3).

(9) Plumbing inspector.

(i) Ensures that plumbing installations are made in accordance with the Uniform Construction Code.

(ii) Duties include determining compliance of underground piping installation, rough-in inspections, drain-waste-venting (DWV) systems, pressure testing, water distribution systems, observation and elimination of cross connections, system pumps, tanks and pressure vessels and fixtures, traps and valves and their connections.

(iii) May perform residential plumbing inspector duties listed in paragraph (4).

(10) Energy inspector.

(i) Ensures that the building envelope, mechanical systems, electrical power and lighting systems and building service systems and equipment comply with the approved construction documents and the Uniform Construction Code.

(ii) Duties include verifying that building envelope and components meet minimum requirements for installation of materials and that building envelope penetrations are caulked, sealed and weather-stripped, determining compliance of moisture control methods, installation of and types of mechanical equipment and efficiencies, heating, ventilation and air conditioning (HVAC) equipment, ducts and piping, insulation and sealing, lighting installation and lighting controls for building interiors and exteriors, permanently wired poly-phase motors and their efficiencies, piping insulation, circulation pump controls, heat traps, point-of-use controls and pool cover installations.

(iii) May perform residential energy inspector duties listed in paragraph (5).

(11) Accessibility inspector/plans examiner.

(i) Ensures that buildings and structures are constructed in accordance with the accessibility provisions of the Uniform Construction Code and that construction documents submitted as part of a permit application comply with the accessibility provisions of the Uniform Construction Code.

(ii) Duties include inspection of building sites and all interior building components to verify compliance with the accessibility standards or review of construction documents to verify that the design of building sites and all interior components comply with the accessibility standards.

(12) Building plans examiner.

(i) Determines that the construction documents submitted as part of a permit application comply with the Uniform Construction Code.

(ii) Duties include determining the degree of compliance necessary for new construction projects, alterations or repairs, proper use group/type of construction classification, determining height and area requirements, minimum means of egress requirements, minimum light and ventilation requirements, minimum design structural loads, adequacy of soils investigations, adequacy of footing and foundation designs, minimum fire-resistance requirements, adequacy of barrier-free designs, minimum energy conservation requirements and adequacy of fire-protection systems.

(13) Fire inspector.

(i) Conducts basic fire prevention inspections and has a general knowledge of applicable codes and standards.

(ii) Duties include field inspections, preparation of correspondence and inspection reports, handling complaints, and maintaining files related to inspections that were conducted.

(14) Electrical plans examiner.

(i) Determines that the construction documents submitted as part of a permit application comply with the Uniform Construction Code.

(ii) Duties include determining proper number of services, proper location of services, adequacy of emergency systems, proper service size, proper over-current protection, special use applications and proper conductor size and application.

(15) Mechanical plans examiner.

(i) Determines that the construction documents submitted as part of a permit application comply with the Uniform Construction Code.

(ii) Duties include determining compliance of fuel piping systems, fuel-burning appliances, mechanical refrigeration systems, incinerators, energy conservation equipment and controls, boilers and pressure vessels, venting systems, hydronic and steam-piping systems and ventilation air systems.

(16) Plumbing plans examiner.

(i) Determines that the construction documents submitted as part of a permit application comply with the Uniform Construction Code.

(ii) Duties include determining that water service, building sewer/storm sewer and other underground piping are properly sized and located, determining that proper drainage fixture units, fixture locations and clearances are used, determining the adequacy of drain-waste-venting (DWV) riser diagrams and water distribution systems and determining the proper number of fixtures and proper materials as proposed.

(17) Energy plans examiner.

(i) Ensures that the design criteria specified for a building are correct and in accordance with the Uniform Construction Code and that alterations, additions and change of use or occupancy are in compliance with the Uniform Construction Code.

(ii) Duties include determining compliance of the design conditions specified, conditioned or unconditioned spaces, R values for roof/ceiling, floor and wall assemblies and insulation placement, insulation of materials for the building envelope and its components, moisture control methods such as caulking, sealing and weather-stripping, duct and dipping insulation and sealing criteria, thermostats for each heating and cooling system, electrical metering, lighting installation and controls, piping insulation, circulation pump controls, heat raps, shower heads and pool cover installations.

(18) Building code official.

(i) Manages, supervises and administers building code enforcement activities. The Department, municipality or a third-party agency that operates an enforcement program under the act will employ at least one person certified or registered as a building code official.

(ii) Duties include management of building code enforcement activities, supervision of building inspectors or plans examiners, issuing building permits, occupancy permits, notice of violations and orders to vacate, and initiation of prosecutions.

(19) Elevator inspector.

(i) Inspects electric and hydraulic elevators, conveying systems and other lifting devices to ensure that these installations are free from conditions that would present a life safety or fire hazard to persons using the installations.

(ii) Duties include determining compliance with the Uniform Construction Code regarding door closers, interlocks, car safeties, over-speed governors, safety tests, reshackling, ropes, fireman’s recall, brakes and other related elevator equipment and the investigation of accidents.

(20) Passenger ropeway inspector.

(i) Inspects passenger ropeways to ensure that the installation is free from conditions that would present a life safety or fire hazard to a person using the installation.

(ii) Duties include investigation of accidents and determining compliances of power units, auxiliary power units, carriers, cabins, cars, location, vertical and horizontal clearances, haul rope sleeves, guides, haul rope condition and splice, structures and foundations, capacity, speed, acceleration/deceleration, loading and unloading areas, required stopping devices, brakes and rollback devices, tension systems, manual and automatic control devices, haul rope grips, operation and maintenance of equipment, electrical components, emergency shut down circuits, bypass circuits, speed regulating devices, and other related ropeway equipment with the Uniform Construction Code.

This section cited in 34 Pa. Code § 401.1 (relating to definitions); and 34 Pa. Code § 403.45 (relating to inspections).

History

Authority: The provisions of this Chapter 401 issued under section 701(a) of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 401 adopted April 12, 2002, effective July 12, 2002, 32 Pa.

34 Pa. Code § 401.8 Certification renewal.

(a) A certification holder shall renew a certification every 3 years from date of issuance to continue to act as a code administrator. If a certification holder receives certification in an additional category, the expiration date of all his certifications shall be the date of expiration of the certification that was last issued to the certification holder.

(b) To renew a certification, an applicant shall submit a completed Department-provided renewal form, acceptable proof of completion of continuing education and the required certification fee under § 401.2 (relating to Department fees). The Department will post this form on its Internet website (www.dli.state.pa.us) and provide it upon request.

(c) An applicant for renewal shall obtain identification in accordance with § 401.4 (relating to application and identification).

(d) The Department will not renew a certification that is expired for more than 1 year unless the applicant submits a certification application under § 401.4 and passes the required examinations under § 401.6 (relating to certification categories and testing).

(e) An applicant for certification renewal shall submit proof of completion of each continuing education course. The proof of completion shall be completed by the course provider and contain the following information:

(1) The name and address of the training provider.

(2) The dates attended.

(3) The credit hours claimed.

(4) The title of the course.

(5) The subject matter of the course.

(f) The Department will not renew the certification of a person who was decertified in accordance with § 401.14 (relating to decertification or refusal to certify) during the period that the Department ordered the decertification.

This section cited in 34 Pa. Code § 401.4 (relating to application and identification).

History

Authority: The provisions of this Chapter 401 issued under section 701(a) of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 401 adopted April 12, 2002, effective July 12, 2002, 32 Pa.

34 Pa. Code § 401.9 Continuing education.

(a) Prior to certification renewal, an applicant shall complete 15 credit hours of continuing education in courses relating to the professional competency of code administrators. An applicant with multiple certification areas shall complete 15 credit hours of continuing education for each category after the issuance of the certification or most recent renewal of certification. The applicant is not required to complete more than 45 credit hours for renewal. At least 1/3 of the applicant’s continuing education requirement shall be in approved courses relating to the applicant’s certification categories.

(b) The Department will approve credit as follows:

(1) One credit hour for each 60 minutes actually spent at one course except as otherwise listed in this subsection.

(2) One credit hour for each 60-minutes of completion time for a self-study course calculated by the sponsor. The Department may modify credit hours for a self-study course to comply with this section.

(3) Five credit hours for successful completion of an examination for an additional certification category under subsection (c)(5).

(4) One credit hour for each 60 minutes actually spent in attendance at a model code organization code change hearing under subsection (c)(6).

(1) Attendance at a seminar or technical presentation by an approved provider.

(2) Completion of a self-study course offered by an approved provider.

(3) Completion of a classroom course offered by an accredited academic institution.

(4) Instruction at a continuing education seminar or technical presentation for an approved provider.

(5) Successful completion of an examination for an additional certification category listed in § 401.6 (relating to certification categories and testing).

(6) Attendance at a model code organization code change hearing.

This section cited in 34 Pa. Code § 401.10 (relating to Department-approved providers).

History

Authority: The provisions of this Chapter 401 issued under section 701(a) of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 401 adopted April 12, 2002, effective July 12, 2002, 32 Pa.

34 Pa. Code § 401.10 Department-approved providers.

(a) The following providers are approved to offer instruction for continuing education credit hours:

(1) The National Conference of States on Building Codes and Standards.

(2) A Federal, Commonwealth or state agency.

(3) An accredited academic institution.

(4) A model code organization or its accredited local chapter.

(5) A trade association representing design professionals or the construction industry.

(6) A National standards writing organization.

(7) An association serving or representing Commonwealth municipalities.

(8) Approved testing providers under § 401.6 (relating to certification categories and testing) for credit hours under § 401.9(c)(5) (relating to continuing education).

(b) The Department will approve additional providers who demonstrate the competency to provide approved continuing education programs. An applicant for approval as a provider shall submit a completed Department-provided application and appropriate documentation that it meets the requirements of § 401.9. The Department will post a list of approved providers on its Internet website (www.dli.state.pa.us) and provide the list upon request.

(c) The Department may revoke approval of any provider that does not comply with § 401.9 or this section. Actions will be taken subject to the right of notice, hearing and adjudication in accordance with 2 Pa.C.S. (relating to administrative law and procedure).

History

Authority: The provisions of this Chapter 401 issued under section 701(a) of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 401 adopted April 12, 2002, effective July 12, 2002, 32 Pa.

34 Pa. Code § 401.11 Certification of third-party agency.

(a) Current certification as a third-party agency is required to act as a construction code official, perform plan review of construction documents, inspect construction or administer and enforce codes and regulations in accordance with the act under contract with a person, firm, corporation or the Commonwealth.

(b) An applicant for certification as a third-party agency shall submit a completed Department-provided application to the Department and pay the required fee.

(c) An applicant for certification as a third-party agency shall submit documentation that its employees or agents who act as construction code officials and perform plan review of construction documents, inspect construction or administer or enforce codes and regulations under the act are currently registered or certified in the specific categories applicable to the work performed.

(d) An applicant for certification under this section shall submit acceptable documentation of insurance coverage required under § 401.12 (relating to liability insurance).

(e) A third-party agency shall provide written notification to the Department within 60 days of the hiring or change of employment status of an employee or agent who acts as a construction code official and performs plan review of construction documents, inspects construction or administers or enforces codes and regulations under the act.

(f) A certification expires 3 years after date of issuance. The Department will renew a third-party agency certification when the applicant meets all of the following:

(1) Submits a completed Department-provided renewal form.

(2) Pays the required fee under § 401.2 (relating to Department fees).

(3) Submits proof of liability insurance coverage under § 401.12.

(4) Not decertified under § 401.14 (relating to decertification or refusal to certify).

History

Authority: The provisions of this Chapter 401 issued under section 701(a) of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 401 adopted April 12, 2002, effective July 12, 2002, 32 Pa.

34 Pa. Code § 401.12 Liability insurance.

(a) A third-party agency shall carry errors and omissions liability insurance in at least the amount of $1 million for each person and each occurrence to satisfy claims or judgments for property damage or personal injury, or both.

(b) As a condition for obtaining and renewing certification, a third-party agency shall submit to the Department satisfactory evidence that it has obtained errors and omissions liability insurance as required by this section. A certification or renewal will not be issued unless the third-party agency provides proof of insurance which shall consist of a certificate of insurance or copy of the declaration page from the insurance policy setting forth the effective date, expiration date and policy coverage in the amounts required.

(c) A third-party agency shall notify the Department immediately of the cancellation of its errors and omissions liability insurance, the failure or refusal to renew its errors and omissions liability insurance, change of insurance carrier, change of policy dates or changes of coverage amounts. Upon notice of loss or cancellation of insurance coverage, the Department will immediately initiate action to decertify the third party agency under § 401.14 (relating to decertification or refusal to certify).

This section cited in 34 Pa. Code § 401.11 (relating to certification of a third-party agency); and 34 Pa. Code § 401.14 (relating to decertification or refusal to certify).

History

Authority: The provisions of this Chapter 401 issued under section 701(a) of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 401 adopted April 12, 2002, effective July 12, 2002, 32 Pa.

34 Pa. Code § 401.13 List of code administrators.

The Department will maintain a list of code administrators indicating their categories of certifications on its Internet website (www.dli.state.pa.us). The Department will also make the list available to municipalities and, upon request, the public.

History

Authority: The provisions of this Chapter 401 issued under section 701(a) of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 401 adopted April 12, 2002, effective July 12, 2002, 32 Pa.

34 Pa. Code § 401.14 Decertification or refusal to certify.

(a) Decertification or refusal to certify. The Department may initiate action against a code administrator or refuse to issue certification for just cause. Just cause includes the following:

(1) Failure to remedy an error or omission specified in a formal warning or to comply with an order issued by the Department under this section.

(2) Fraud or deceit or making untrue representations in obtaining a certification.

(3) Failure to remit the required certification fee.

(4) Violation of the act or this chapter.

(5) Incompetence or gross negligence.

(6) Acting in a manner presenting a danger to the public health and safety.

(7) Pleading guilty, entering a plea of nolo contendere, being found guilty, receiving probation without verdict, disposition in lieu of trial or an Accelerated Rehabilitative Disposition to a felony or any crime relating to the business of code administrator in the courts of this Commonwealth, a Federal court or a court of any other state, territory or insular possession of the United States.

(8) Having a certification or any authorization to engage in the business of code administrator revoked or suspended or having other disciplinary action taken, or an application for certification or authorization to engage in the business of code administrator refused or denied by the proper authority of another state or Federal district, territory or insular possession of the United States, the Federal government or Canada.

(9) Failing to complete continuing education requirements of the act or engaging in deceit or misrepresentation in the reporting of continuing education requirements.

(10) Engaging in fraud, deceit or an act of moral turpitude while acting as code administrator.

(11) Failing to enforce the act or Uniform Construction Code.

(12) Knowingly aiding and abetting a person engaging in code administrator activity who is not currently certified or registered.

(13) Being a third-party agency that does not comply with § 401.12 (relating to liability insurance).

(14) Engaging in the activities of a code administrator or advertising as a code administrator without a current certification required for the work performed, or registration issued by the Department.

(b) Notice and hearing. Actions of the Department relating to decertification under this section will be taken subject to the right of notice, hearing and adjudication in accordance with 2 Pa.C.S. (relating to administrative law and procedure). Decertification proceedings shall be con-ducted under 1 Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedure).

(1) The Department will serve the code administrator with an order to show cause under 1 Pa. Code § 35.14 (relating to orders to show cause). The order to show cause shall contain notification that the certification may be subject to action and the grounds for the action. The order to show cause shall contain notification that the code administrator is to respond in writing within 30 days after the date of service of the order. The Department will also serve a copy of the order to show cause upon the supervising official in the municipality where the alleged incidents occurred and upon the code administrator’s current employer.

(2) The code administrator may respond in writing to the allegations in the order to show cause in accordance with 1 Pa. Code § 35.37 (relating to answers to orders to show cause). If made, the answer shall be filed with the Department within 30 days after the date of service of the order to show cause.

(3) At the request of the code administrator, the Department will hold a hearing on the matter. The Secretary will designate a presiding officer to conduct the hearing and to issue a proposed report under 1 Pa. Code § § 35.201—35.207 (relating to proposed reports generally).

(4) The presiding officer shall have the power to conduct hearings under 1 Pa. Code § § 35.185—35.190 (relating to presiding officers). The presiding officer shall issue a proposed report that shall be served upon counsel of record or to the parties in the hearing. The presiding officer shall transmit the proposed report and the certified record to the Secretary within 15-days after issuance of the proposed report.

(5) A participant desiring to appeal to the Secretary shall, within 30 days after the service of a copy of the proposed report, file exceptions to the proposed report under 1 Pa. Code § 35.211 (relating to procedure to except to proposed report). A response may be filed within 20 days to the exceptions.

(6) The Secretary or a designee will issue a final order under 1 Pa. Code § 35.226 (relating to final orders).

(d) Types of corrective action. When the Department is authorized to take action against a code administrator, the Department may:

(1) Administer a formal warning.

(2) Require the code administrator to take remedial educational courses.

(3) Decertify the code administrator for a period set by the Department. The Department will order the code administrator to surrender his certificate after decertification.

(4) Deny the application for certification.

(e) Conditions for reinstatement. Unless ordered to do so by a court of competent jurisdiction, the Department will not reinstate certification to a person who was decertified until the following conditions are met:

(1) The full period of decertification ordered by the Department has elapsed.

(2) The person has complied with conditions imposed by the Department’s order of decertification and recertification would not be detrimental to the public health and safety.

(3) The person complies with § 401.4 (relating to application and identification).

(f) Subsection (c) supplements 1 Pa. Code § § 35.14, 35.37, 35.201—35.207, 35.185—35.190, 35.211 and 35.226.

This section cited in 34 Pa. Code § 401.4 (relating to application and identification); 34 Pa. Code § 401.8 (relating to certification renewal); 34 Pa. Code § 401.11 (relating to certification of third-party agency); and 34 Pa. Code § 403.104 (relating to Department review).

History

Authority: The provisions of this Chapter 401 issued under section 701(a) of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 401 adopted April 12, 2002, effective July 12, 2002, 32 Pa.

34 Pa. Code § 401.15 Registration of current code administrators.

(a) A current code administrator engaged in plan review or inspection of one-family or two-family residential property may continue to engage in these activities without meeting the training and certification requirements of this chapter until 3 years from effective date of the adoption of the final-form regulations for the Uniform Construction Code. To engage in plan review or inspection of one-family or two-family dwelling units after 3 years from effective date of adoption of the final-form regulations for the Uniform Construction Code, a current code administrator shall meet the certification and training requirements of this chapter.

(b) A current code administrator engaged in plan review or inspection of other buildings and structures that are not one-family or two-family residential structures may continue to engage in these activities without meeting the training and certification requirements of this chapter until 5 years from effective date of adoption of the final-form regulations for the Uniform Construction Code. To engage in plan review and inspection of other buildings and structures after 5 years from the effective date of adoption of the final-form regulations for the Uniform Construction Code, a current code administrator shall meet the training and certification requirements of this chapter.

(c) A current code administrator shall register with the Department by submitting a completed Department-provided form and furnishing required documentation. Documentation is to consist of an affidavit completed by the employer responsible for oversight of the current code administrator’s activities and an affidavit completed by the current code administrator containing a description of the current code administrator’s duties, employment and length of employment.

(d) The Department will issue an identification card to a current code administrator who meets the requirements of this section, completes a Department-provided form and pays the required fee under § 401.2 (relating to Department fees).

(e) The identification card will expire as registration on the date that the current code administrator must meet the training and certification requirements of this chapter.

(f) A current code administrator shall notify the Department in writing if the identification card is lost or destroyed. The Department will charge a required fee for issuance of a new identification card under § 401.2.

(g) A current code administrator is not required to obtain a new registration for a change of employer.

(h) A current code administrator may not approve plans or perform inspections relating to accessibility requirements without being currently certified by the Department as an accessibility inspector/plans examiner.

History

Authority: The provisions of this Chapter 401 issued under section 701(a) of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 401 adopted April 12, 2002, effective July 12, 2002, 32 Pa.

34 Pa. Code § 401.16 Change of address or employer.

A certification or registration holder shall notify the Department of any change of mailing address or employer within 30 days.

History

Authority: The provisions of this Chapter 401 issued under section 701(a) of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 401 adopted April 12, 2002, effective July 12, 2002, 32 Pa.

Chapter 403 Administration

34 Pa. Code § 403.1 Scope.

(a) Application.

(1) The Uniform Construction Code applies to the construction, alteration, repair, movement, equipment, removal, demolition, location, maintenance, occupancy or change of occupancy of every building or structure which occurs on or after April 9, 2004, and all existing structures that are not legally occupied.

(2) The Department will promulgate regulations adopting the new triennial BOCA National Building Code, or its successor building code as the Uniform Construction Code by December 31 of the year of the issuance under section 304(a)(1) of the act (35 P. S. § 7210.304(a)(1)). This deadline will not apply if the Uniform Construction Code Review and Advisory Council established under section 107 of the act (35 P. S. § 7210.107) informs the Department that it should exclude any provisions of the triennial codes from the Uniform Construction Code. New buildings or renovations to existing buildings for which a design or construction contract was executed before the effective date of the regulatory amendment adopting the latest triennial versions of the construction codes and standards shall comply with the codes and standards in effect at the time that the design or construction contract was executed.

(b) Exclusions and exemptions. The Uniform Construction Code does not apply to:

(1) New buildings or renovations to existing buildings for which an application for a permit was made to the Department or a municipality before April 9, 2004.

(2) New buildings or renovations to existing buildings on which a contract for design or construction was signed before April 9, 2004.

(3) The following structures if the structure has a building area less than 1,000 square feet and is accessory to a detached one-family dwelling except as might be required by an ordinance adopted under section 503 of the act (35 P. S. § 7210.503):

(i) Carports.

(ii) Detached private garages.

(iii) Greenhouses.

(iv) Sheds.

(4) An agricultural building.

(5) Manufactured or industrialized housing shipped from the factory under section 901(a) of the act (35 P. S. § 7210.901(a)) as provided in § 403.25 (relating to manufactured and industrialized housing).

(6) Installation of tubing, piping, propane gas burning appliances, equipment or fixtures related to liquefied petroleum gas under the Propane and Liquefied Petroleum Gas Act (35 P. S. § § 1329.1—1329.19).

(7) Construction of individual sewage disposal systems under 25 Pa. Code Chapter 73 (relating to onlot sewage treatment facilities).

(8) Alterations to residential buildings which do not make structural changes or changes to means of egress, except as required by ordinances in effect under sections 303(b)(1) or 503 of the act (35 P. S. § § 7210.303(b)(1) and 7210.503). Under this subsection, a structural change does not include a minor framing change needed to replace existing windows or doors.

(9) Repairs to residential buildings, except as required by ordinances in effect under sections 303(b)(1) and 503 of the act.

(10) Installation of aluminum or vinyl siding onto an existing residential or an existing commercial building, except as might be required by ordinances in effect under section 303(b)(1) (35 P. S. § § 7210.303(b)(1)) or section 503 of the act.

(11) A recreational cabin if the following conditions are met:

(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 one of the following with the municipality:

(A) A Department form UCC-13 attesting to the fact that the cabin meets the definition of a ‘‘recreational cabin’’ in § 401.1 (relating to definitions).

(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.’’

(12) Structures which are:

(i) Erected for the purpose of participation in a fair, flea market, arts and crafts festival or other public celebration.

(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.

(13) A pole barn that is constructed on agricultural fairgrounds and is only used for agricultural purposes and animal display. If an exempted pole barn has electrical service, a permit and inspections to determine compliance with the electrical provisions of the Uniform Construction Code are required.

(1) Upon the transfer of ownership of a recreational cabin subject to the recreational cabin exclusion, written notice of the following shall be provided in the sales agreement and the deed:

(i) The recreational cabin is exempt from the act.

(ii) The recreational cabin may not be in conformance with the Uniform Construction Code.

(iii) The recreational cabin is not subject to municipal regulation.

(2) Failure to comply with the notice requirement under paragraph (1) renders the sale void at the purchaser’s option.

(d) Prior permits and construction.

(1) A permit issued under construction regulations before April 9, 2004, remains valid and the construction of the building or structure may be completed in accordance with the approved permit. The permit is invalid unless the construction commenced within 2 years of permit issuance or a time period specified by municipal ordinance, whichever is less. The permit holder shall acquire a new permit under section 104(c) of the act (35 P.S. § 7210.104(c)) if the permit was not actively prosecuted during this time period.

(2) Construction may be completed without a permit under section 104(c)(2) of the act when construction of a building or structure commenced before April 9, 2004, and a permit was not required at that time.

(3) The legal occupancy of a structure existing on April 9, 2004, may continue without change except where the Uniform Construction Code provides otherwise.

(e) The Uniform Construction Code applies to the construction of a residential building or structure governed by a homeowner’s or community association under section 104(d)(2)(ii) of the act.

(f) The electrical, plumbing and lumber and wood provisions, except for the wood provisions related to pressure treatment, of the Uniform Construction Code do not apply to a dwelling unit or one-room school house utilized by a member or members of a recognized religious sect if a code administrator grants an exemption under section 901(b) of the act (35 P.S. § 7210.901(b)) as follows:

(1) The permit applicant shall file an application with the code administrator stating the manner in which an electrical provision, a plumbing provision or a lumber and wood provision of the Uniform Construction Code conflicts with the applicant’s religious beliefs. The application must also contain an affidavit by the applicant stating:

(i) The permit applicant is a member of a religious sect.

(ii) The religious sect has established tenets or teachings which conflict with an electrical, a plumbing or a lumber and wood provision of the Uniform Construction Code.

(iii) The permit applicant adheres to the established tenets or teachings of the sect.

(A) For a dwelling unit, the dwelling will be used solely as a residence for the permit applicant and the applicant’s household.

(B) For a one-room school house, the school house will be used solely by members of the religious sect.

(2) The code administrator shall grant the application for the exemption if made in accordance with paragraph (1).

(3) If the permit applicant receives an exemption for a building under section 901(b) of the act and the applicant subsequently sells or leases the building, the applicant shall bring the building into compliance with the provision of the Uniform Construction Code from which it was exempted prior to the sale or lease of the building unless the prospective subsequent owner or lessee files an affidavit in compliance with paragraph (1).

(g) Coal-fired boilers installed in residential buildings must be designed, constructed and tested in accordance with the requirements of Chapter 20, section M2001.1.1 of the ‘‘International Residential Code of 2021,’’ except for the ASME stamping requirement.

The provisions of this § 403.1 amended under section 304(a)(1) and (2) of the Pennyslvania Construction Code Act (35 P.S. § 7210.304(a)(1) and (2)).

The provisions of this § 403.1 amended December 15, 2006, effective December 31, 2006, 36 Pa.B. 7548; amended December 24, 2009, effective December 31, 2009, 39 Pa.B. 7196; amended September 29, 2018, effective October 1, 2018, 48 Pa.B. 6261; amended February 11, 2022, effective February 14, 2022, 52 Pa.B. 971; amended November 7, 2025, effective January 1, 2026, 55 Pa.B. 7701. Immediately preceding text appears at serial pages (347286) to (347288) and (408687) to (408688).

While this regulation provides that legal occupancy existing on April 9, 2004, is permitted to continue ‘‘except where the Uniform Construction Code provides otherwise,’’ specific exceptions include ‘‘inadequate means of egress, . . . fire hazard, [or] other dangers to human life or the public welfare’’ in 34 Pa. Code § 403.84(a). As such, the regulation can be applied retroactively to fire and safety issues requiring adequate egress. Four Score Prop., LLC v. Code Enf’t Appeals Bd. of Borough of Gettysburg, 120 A.3d 1128 (Pa. Cmwlth. 2015).

This section cited in 34 Pa. Code § 403.42 (relating to permit requirements and exemptions); 34 Pa. Code § 403.62 (relating to permit requirements and exemptions); and 34 Pa. Code § 403.102 (relating to municipalities electing to enforce the uniform construction code).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.2 Other statutes or ordinances.

(a) Under section 104(d)(1) of the act (35 P.S. § 7210.104(d)(1)), the provisions of the Uniform Construction Code listed in § 403.21 (relating to Uniform Construction Code) preempt and rescind construction standards provided by a statute, local ordinance or regulation. The recission or preemption does not apply to ordinances in effect on July 1, 1999, or reenactments of simultaneously repealed ordinances which were originally adopted before July 1, 1999, which contain provisions which meet or exceed the Uniform Construction Code under section 303(b)(1) of the act (35 P.S. § 7210.303(b)(1)).

(b) Under section 303(a)(2) of the act, 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. The provisions of the ordinance which do not comply with the Uniform Construction Code on December 31, 2003, will be amended to provide for the minimum requirements of the Uniform Construction Code.

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.3 Building code official delegation.

(a) The Department, a municipality or third-party agency shall employ or contract with a building code official to enforce the act.

(b) A building code official may delegate his duties to a construction code official or current code administrator.

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.21 Uniform Construction Code.

(a) The Department adopts and incorporates by reference the following codes as the Uniform Construction Code:

(1) The provisions of Chapters 2—10, 12—29 and 31—35 of the ‘‘International Building Code of 2021,’’ except:

(i) In occupancies in Use Group R-3 and within dwelling units in occupancies in Use Group R-2, the maximum riser height shall be 8 1/4 inches (210 mm) and the minimum tread depth shall be 9 inches (229 mm). A 1-inch (25 mm) nosing shall be provided on stairways with solid risers.

(ii) The following provisions of Chapter 30 are adopted:

(A) Section 3002.1 (relating to hoistway enclosure protection).

(B) Section 3002.2 (relating to number of elevator cars in a hoistway).

(D) Section 3002.7 (relating to common enclosure with stairway).

(E) Section 3004.2.1 (relating to enclosure).

(F) Section 3004.3.1 (relating to enclosure).

(G) Section 3005.4 (relating to machine rooms, control rooms, machinery spaces, and control spaces).

(H) Section 3006 (relating to elevator lobbies and hoistway opening protection).

(I) Section 3007 (relating to fire service access elevators).

(J) Section 3008 (relating to occupant evacuation elevators).

(iii) The following provisions are modified:

(A) Section 803.3 (relating to heavy timber exemption) is modified to add the phrase: ‘‘In buildings equipped throughout with an automatic sprinkler system installed in accordance with section 903.3,’’ before the word ‘‘exposed.’’

(B) Section 903.3.1.2 (relating to NFPA 13R sprinkler systems) is modified by changing the second condition to read:

For other than R-2 occupancies, the floor level of the highest story is 30 feet (9,144 mm) or less above the lowest level of fire department vehicle access.

For R-2 occupancies, the roof assembly is less than 45 feet (13,716 mm) above the lowest level of fire department vehicle access. The height of the roof assembly shall be determined by measuring the distance from the lowest required fire vehicle access road surface adjacent to the building to the eave of the highest pitched roof, the intersection of the highest roof to the exterior wall, or the top of the highest parapet, whichever yields the greatest distance.

(iv) The following provisions are excluded:

(A) Section 426.1 (relating to buildings in which materials that produce combustible dusts are stored or handled).

(B) Section 704.2 (relating to column protection).

(v) The following previously adopted provisions of the ‘‘International Building Code of 2015’’ remain in effect:

(A) Section 704.2 (relating to column protection).

(B) Section 704.4.1 (relating to light frame construction).

(vi) The following previously adopted provision of the ‘‘International Building Code of 2018’’ remains in effect:

(A) Section 426.1 (relating to buildings in which materials that produce combustible dusts are stored or handled).

(2) {Reserved}.

(3) The ‘‘International Mechanical Code of 2021.’’

(4) The ‘‘International Fuel Gas Code of 2021.’’

(5) The ‘‘International Performance Code for Buildings and Facilities of 2021.’’

(6) The ‘‘International Plumbing Code of 2021’’ except:

(i) A municipality within a county of the second class may not administer and enforce the ‘‘International Plumbing Code’’ adopted under this chapter.

(ii) A municipality within a county of the second class that has adopted a plumbing code and accompanying rules and regulations under the Local Health Administration Law (16 P.S. § § 12001—12030) shall retain the authority to promulgate and enforce this plumbing code and to make any changes it deems necessary if the changes meet the Uniform Construction Code’s minimum requirements.

(iii) {Reserved}.

(7) The ‘‘International Residential Code of 2021,’’ except that:

(i) The provisions of R314.4 requiring interconnected smoke alarms do not apply to one-family and two-family dwellings undergoing alterations, repairs or additions. Noninterconnected battery-operated smoke alarms shall be installed in these dwellings.

(ii) The following specifications apply to residential stairway treads and risers.

(A) The maximum riser height is 8 1/4 inches. There may be no more than a 3/8 inch variation in riser height within a flight of stairs. The riser height is to be measured vertically between leading edges of the adjacent treads.

(B) The minimum tread depth is 9 inches measured from tread nosing to tread nosing.

(D) Treads may have a uniform projection of not more than 1 1/2 inches when solid risers are used.

(E) Stairways may not be less than 3 feet in clear width, and clear headroom of 6 feet 8 inches shall be maintained for the entire run of the stair.

(F) Handrails may project from each side of a stairway a distance of 3 1/2 inches into the required width of the stair.

(iii) The following provisions are excluded:

(A) Section R311.7.4 (relating to walkline).

(B) Section R314.4 (relating to interconnection).

(D) Section R703.7 (relating to exterior plaster, stucco).

(E) Section R806.2 (relating to minimum vent required).

(F) Section R1005.8 (relating to insulation shield).

(G) Section N1101.13.5 (relating to additional energy efficiency).

(H) Section N1103.3.5 (relating to duct testing).

(I) Section N1103.3.6 (relating to duct leakage).

(J) Section N1103.3.7 (relating to building cavities).

(K) Section N1104.1 (relating to lighting equipment).

(L) Section N1104.1.1 (relating to exterior lighting).

(M) Section N1104.1.2 (relating to fuel gas lighting equipment).

(N) Section N1104.2 (relating to interior lighting controls).

(O) Section N1104.3 (relating to exterior lighting controls).

(P) Section N1105.3.2 (relating to compliance report).

(Q) Section N1105.3.2.1 (relating to compliance report for permit application).

(R) Table N1105.4.2(1) (relating to specifications for the standard reference and proposed designs).

(S) Section N1106.3 (relating to building thermal envelope).

(T) Section N1106.3.1 (relating to on-site renewables are not included).

(U) Section N1106.3.2 (relating to on-site renewables are included).

(V) Section N1106.4 (relating to energy rating index).

(W) Section N1106.4.1 (relating to ERI referenced design).

(X) Section N1106.7.1 (relating to compliance software tools).

(Y) Section N1106.7.5 (relating to specific approval).

(Z) Section N1106.7.6 (relating to input values).

(AA) Section N1106.8 (relating to calculation software tools).

(BB) Section N1106.8.1 (relating to minimum capabilities).

(CC) Section N1106.8.2 (relating to specific approval).

(DD) Section N1106.8.3 (relating to input values).

(EE) Section M1305.1.3.2 (relating to pit locations).

(FF) Section M1411.6.1 (relating to refrigerant line insulation protection).

(GG) Section M1502.3.1 (relating to exhaust termination outlet and passageway size).

(HH) Section P2903.5 (relating to water hammer).

(II) Section P2905.3 (relating to hot water supply to fixtures).

(JJ) Section P2906.6.1 (relating to saddle tap fittings).

(KK) Section E3901.4.2 (relating to island countertop spaces).

(LL) Section E3901.11 (relating to foyers).

(MM) Section E4002.11 (relating to bathtub and shower space).

(iv) The following provisions are modified:

(A) Section R301.1.4 (relating to intermodal shipping containers) is amended by adding the following language at the end of the section:

Prior to permitting, the applicant shall have the unit certified as free from contaminants by a qualified 3rd party inspector approved by the AHJ. Any penetrations beyond those permitted in Section 3115 of the International Building Code shall be certified by a Pennsylvania Registered Design Professional.

(B) Section R305.1 (relating to minimum height) is modified by amending exception 4 to read:

Beams and girders spaced apart a minimum of 36 inches (914 mm) in clear finished width between projections, and shall have a minimum clear ceiling height of 6 feet 6 inches (1,981 mm) from the finished floor directly under the beam.

(C) Section R310.1 (relating to emergency escape and rescue opening required) is amended to add the following fourth exemption after exemption 3:

Properties with in-fill lots that are sprinklered in accordance with Section 2904, and a minimum clear yard size of 80 square feet (7.43 m2), shall be allowed to have access to the public way provided by a shared easement that is a minimum of 30 inches (762 mm) wide.

(D) Section R326.3 (relating to story above grade plane) is modified by striking exceptions 3 and 4.

(E) Section R506.2.3 (relating to vapor retarder) is modified by striking ‘‘10 mil (0.010 inch: 0.25 mm) vapor retarder conforming to ASTM E1745 Class A requirements’’ and inserting ‘‘6 mil (0.006 inch: 152 mm).’’

(F) Section R703.2 (relating to water-resistive barrier) is modified to read as follows:

R703.2 Water-resistive barrier. Not fewer than one layer of water-resistive barrier shall be applied over studs or sheathing of all exterior walls with flashing as indicated in Section R703.4, in such a manner as to provide a continuous water-resistive barrier behind the exterior wall veneer. The water-resistive barrier material shall be continuous to the top of walls and terminated at penetrations and building appendages in a manner to meet the requirements of the exterior wall envelope as described in Section R703.1. Where the water-resistive barrier also functions as a component of a continuous air barrier, the water-resistive barrier shall be installed as an air barrier in accordance with Section N1102.4.1.1. Water-resistive barrier materials shall comply with one of the following:

No. 15 felt complying with ASTM D226, Type 1.
ASTM E2568, Type 1 or 2.
Foam plastic insulating sheathing water-resistive barrier systems complying with Section R703.1.1 and installed in accordance with the manufacturer’s installation instructions.
ASTM E331 in accordance with Section R703.1.1.
Other approved materials in accordance with the manufacturer’s installation instructions.

No. 15 asphalt felt and water-resistive barriers complying with ASTM E2556 shall be applied horizontally, with the upper layer lapped over the lower layer not less than 2 inches (51 mm), and where joints occur, shall be lapped not less than 6 inches (152 mm).

Exception: A water-resistive barrier shall not be required in unconditioned detached tool sheds, playhouses, and other similar accessory structures provided all of the following requirements are met:

Exterior wall covering is limited to siding that is attached directly to the studs.
Exterior walls are uninsulated.
Interior side of exterior walls has no wall covering or wall finishes.

(G) Section R703.3.1 (relating to soffit installation) is (1) re-titled ‘‘Exterior soffit installation[;]’’ and (2) the term ‘‘soffits’’ is changed to ‘‘exterior soffits[.]’’

(H) Section R703.4.1 (relating to flashing installation at exterior window and door openings) is modified to read as follows:

R703.4.1 Flashing installation at exterior window and door openings. Flashing at exterior window and door openings shall extend to the surface of the exterior wall finish or to a water-resistive barrier complying with Section 703.2. for subsequent drainage. Air sealing shall be installed around all window and door openings on the interior side of the rough opening gap. Mechanically attached flexible flashings shall comply with AAMA 712. Flashing at exterior window and door openings shall be installed in accordance with one or more of the following:

The fenestration manufacturer’s installation and flashing instructions, or for applications not addressed in the fenestration manufacturer’s instructions, in accordance with the flashing or water-resistive barrier manufacturer’s instructions. Where flashing instructions or details are not provided, pan flashing shall be installed at the sill of exterior window and door openings. Pan flashing shall be sealed or sloped in such a manner as to direct water to the surface of the exterior wall finish or to the water-resistive barrier for subsequent drainage. Openings using pan flashing shall incorporate flashing or protection at the head and sides.
In accordance with the flashing design or method of a registered design professional.
In accordance with other approved methods.

(I) Section R704.1 (relating to general wind limitations) is modified by changing each of the three ‘‘soffits’’ therein to ‘‘exterior soffits[.]’’

(J) Section R704.2 (relating to soffit installation where the design wind pressure is 30 psf or less) is (1) re-titled ‘‘Exterior soffit installation where the design pressure is 30 psf or less)[;]’’ and (2) the term ‘‘soffit’’ in the first sentence is changed to ‘‘exterior soffit[.]’’ The second sentence is not modified.

(K) Section R704.2.1 (relating to vinyl soffit panels) is modified to read:

R704.2.1 Vinyl and aluminum soffit panels. Vinyl and aluminum soffit panels shall be installed using aluminum, galvanized, stainless steel or rust-preventative coated nails or staples or other approved corrosion-resistant fasteners specified by the manufacturer and shall be fastened at both ends to a supporting component such as a nailing strip, fascia or sub-fascia component in accordance with Figure R704.2.1(1). Where the unsupported span of soffit panels is greater than 16 inches (406 mm), intermediate nailing strips shall be provided in accordance with Figure R704.2.1(2). Vinyl and aluminum soffit panels shall be installed in accordance with the manufacturer’s installation instructions. Fascia covers shall be installed in accordance with the manufacturer’s installation instructions.

(L) Figure R704.2.1(1) (relating to typical single-span vinyl and aluminum exterior soffit panel support) is modified to read as follows:

(M) Figure R704.2.1(2) (relating to typical double-span vinyl and aluminum exterior soffit panel support) is modified to read as follows:

(N) Section R704.2.2 (relating to fiber-cement soffit panels) is (1) re-titled ‘‘Fiber-cement exterior soffit panels[;]’’ and (2) references to ‘‘soffit panels’’ therein are changed to ‘‘exterior soffit panels[.]’’

(O) Section R704.2.3 (relating to hardboard soffit panels) is (1) re-titled ‘‘Hardboard exterior soffit panels[;]’’ and (2) the term ‘‘soffit panel’’ therein is changed to ‘‘exterior soffit panel[.]’’

(P) Section R704.2.4 (relating to wood structural panel soffit) is re-titled ‘‘Wood structural panel exterior soffit[.]’’

(Q) Section R704.3 (relating to exterior soffit installation where the design wind pressure exceeds 30 psf) is (1) re-titled ‘‘Exterior soffit installation where the design wind pressure exceeds 30 psf[;]’’ and (2) the term ‘‘soffit’’ is changed to ‘‘exterior soffit’’ throughout.

(R) Section R704.3.1 (relating to vinyl soffit panels) is (1) re-titled ‘‘Vinyl exterior soffit panels[;]’’ (2) all references to ‘‘soffit panels’’ therein are changed to ‘‘exterior soffit panels[;]’’ and (3) the final sentence beginning ‘‘[f]ascia covers’’ is struck in its entirety.

(S) Section R704.3.2 (relating to fiber-cement soffit panels) is (1) re-titled ‘‘Fiber-cement exterior soffit panels[;]’’ and (2) the term ‘‘soffit panels’’ therein is changed to ‘‘exterior soffit panels[.]’’

(T) Section R704.3.3 (relating to hardboard soffit panels) is (1) re-titled ‘‘Hardboard exterior soffit panels[;]’’ and (2) the term ‘‘soffit panels’’ therein is changed to ‘‘exterior soffit panels[.]’’

(U) Section R704.3.4 (relating to wood structural panel soffit) is (1) re-titled ‘‘Wood structural panel exterior soffit[;]’’ and (2) the term ‘‘panel soffits’’ therein is changed to ‘‘panel exterior soffits[.]’’

(V) Table R704.3.4 (relating to prescriptive alternative for wood structural panel soffit) is modified to read as follows:

(W) Section R802.3 (relating to ridge) is modified by striking ‘‘or column.’’ at the end of the second sentence and inserting ‘‘column, or girder.’’

(X) Section R806.1 (relating to ventilation required) is modified by striking ‘‘and shall be protected to prevent the entry of birds, rodents, snakes and other similar creatures’’ from the end of the section.

(Y) Section R806.3 (relating to vent and insulation clearance) is modified by striking ‘‘blocking, bridging and insulation shall not block’’ and inserting ‘‘nothing shall block’’ in the first sentence.

(Z) Table N1102.1.2 (relating to maximum assembly U-factors and fenestration requirements) is modified to read as follows:

(AA) Table N1102.1.3 (relating to insulation minimum R-values and fenestration requirements by component) is modified to read as follows:

(BB) Section N1103.5.1.1 (relating to circulation systems) is modified to add the following exception:

Exception: Where the entire hot water piping system (both supply and return) are insulated with a minimum R3 insulation, the stated controls shall not be required.

(CC) Table N1105.2 (relating to requirements for total building performance) is modified to read as follows:

(DD) Section N1105.3.2.2 (relating to compliance report for certificate of occupancy) is modified by striking ‘‘and the title page of the building plans’’ from paragraph 2.

(EE) Table N1106.2 (relating to requirements for energy rating index) is modified to read as follows:

(FF) Section N1108.1 (relating to scope) is modified by striking ‘‘in accordance with Section N1101.13.5[.]’’

(GG) Section N1108.2 (relating to additional efficiency package options) is modified to strike ‘‘for compliance with Section N1101.13.5[.]’’

(HH) Section G2427.2.2 (relating to appliances with integral vents) is modified to strike the phrase ‘‘Items 1 and 2’’ from the end of the sentence.

(II) Section G2427.5.1 (relating to factory-built chimneys) is modified by inserting ‘‘and installed in accordance with manufacturer’s instructions’’ after ‘‘UL 103[.]’’

(JJ) Section G2427.5.4 (relating to size of chimneys) is modified with respect to method 3 by inserting ‘‘shall be not less than the area of the larger draft hood outlet plus 50 percent of the area of the smaller draft hood outlet, nor greater than seven times the smallest draft hood outlet’’ after ‘‘draft hoods[.]’’

(KK) Section G2427.5.10 (relating to insulation shield) is modified by adding the following sentence at the end of the section: ‘‘Insulation shields provided as part of a listed chimney system shall be installed in accordance with the manufacturer’ installation instructions.’’

(LL) Section E3601.8 (relating to emergency disconnects) is modified with respect to its first sentence by inserting ‘‘detached’’ between ‘‘two-family’’ and ‘‘dwelling units[.]’’

(MM) Section E3905.8 (relating to boxes at fan outlets) is modified by striking ‘‘in a location that is acceptable’’ from the third sentence.

(NN) Section E4004.5 (relating to means of support) is modified by replacing ‘‘E3906.12’’ with ‘‘E3905.6.3[.]’’

(v) {Reserved}.

(vi) The following previously adopted provisions of the ‘‘International Residential Code of 2015’’ remain in effect as follows:

(A) Section R314.4 (relating to interconnection).

(B) Section R325.5 (relating to openness) as modified by (1) striking ‘‘42 inches (1,067 mm)’’ and inserting ‘‘36 inches (914 mm)’’; and (2) striking the second exception.

(D) Section N1105.4.1 (relating to compliance software tools).

(E) Section N1105.4.2 (relating to compliance report).

(F) Section N1105.6 (relating to calculation software tools).

(G) Section N1105.6.1 (relating to minimum capabilities).

(H) Section N1105.6.2 (relating to specific approval).

(I) Section N1105.6.3 (relating to input values).

(J) Section N1106.3 (relating to energy rating index).

(K) Section N1106.3.1 (relating to ERI reference design).

(L) Section M1305.1.3.2 (relating to excavations).

(M) Section M1411.6.1 (relating to refrigerant line insulation protection).

(N) Section P2903.5 (relating to water hammer).

(O) Section E3901.11 (relating to foyers) as modified by replacing ‘‘3 feet (914 mm)’’ with ‘‘6 feet (1,829 mm)’’ and requiring a minimum of one receptacle.

(vii) {Reserved}.

(viii) The following previously adopted provisions of the ‘‘International Residential Code of 2018’’ remain in effect as follows:

(A) Section R311.7.4 (relating to walkline) as modified by adding figure R311.7.4 (relating to winder tread and landing detail).

(B) Section R703.7 (relating to exterior plastic, (stucco)) as modified by striking ‘‘ASTM C926, ASTM C1063’’ and inserting ‘‘ASTM C926-2018B, ASTM C1063-2018B[.]’’

(D) Section N1103.3.4 (relating to duct leakage).

(E) Section N1104.1 (relating to lighting equipment, (mandatory)).

(F) Section N1104.1.1 (relating to lighting equipment, (mandatory)).

(G) Section N1104.1.2 (relating to fuel gas lighting equipment).

(H) Section N1105.4.2.1 (relating to compliance report for permit application).

(I) Table N1105.5.2(1) (relating to specifications for the standard reference and proposed designs) is adopted to read as follows; citations therein correspond to provisions in the ‘‘International Residential Code of 2021’’:

(J) Section E3901.4.2 (relating to island countertop spaces).

(K) Section E4002.11 (relating to bathtub and shower space).

(8) The ‘‘International Fire Code of 2021’’ only to the extent it is referenced by other ICC codes adopted in this chapter.

(9) The ‘‘International Energy Conservation Code of 2021’’ is adopted as follows:

(i) {Reserved}.

(ii) {Reserved}.

(iii) {Reserved}.

(iv) {Reserved}.

(v) With respect to the Commercial Provisions, the following provisions are adopted:

(A) Section C105.2.6 (relating to final inspection) is modified to read: ‘‘C105.2.6 Final inspection. The building shall have a final inspection and not be occupied until approved.’’

(B) Section C402.5.5 (relating to rooms containing fuel-burning appliances) is modified by (1) changing exception number 1 to read: ‘‘Direct vent appliances with both intake and exhaust pipes installed continuous to the outside.’’ and (2) designating the provided exception as exception number 2.

(C) Section C405.11 (relating to automatic receptacle control) is modified by changing ‘‘shall’’ to ‘‘may’’ in the first sentence.

(D) Section C405.11.1 (relating to automatic receptacle control function) is modified by changing ‘‘20 minutes’’ to ‘‘120 minutes’’ in subparagraphs 2.2 and 2.3.

(vi) With respect to the Residential Provisions the following provisions are adopted:

(A) Section R202 is amended by inserting the following definition: ‘‘Framing Factor. The fraction of the total building component area that is structural framing.’’

(B) Section R401.2.5 (relating to additional energy efficiency) is excluded.

(C) Table R402.1.2 (relating to maximum assembly U-factors and fenestration requirements) is modified to read as follows:

(D) Table R402.1.3 (relating to insulation minimum R-values and fenestration requirements by component) is modified to read:

(E) Section R403.3.5 (relating to duct testing) is modified as follows:

(I) The section is re-titled ‘‘Duct testing (Mandatory)[;]’’

(II) Two exceptions are inserted between paragraph 2 and the paragraph beginning ‘‘A written report’’ to read as follows:

Exceptions:

A duct air-leakage test shall not be required where the ducts and air handlers are located entirely within the building thermal envelope.
A duct air-leakage test shall not be required for ducts serving heat or energy recovery ventilators that are not integrated with ducts serving heating or cooling systems.

(III) The term ‘‘code official’’ is replaced with ‘‘building official’’; and

(IV) The exception at the end of the section is struck.

(F) Section R403.3.6 (relating to duct leakage) is modified as by re-titling the section ‘‘Duct leakage (Prescriptive)’’; and striking the third paragraph.

(G) Section R403.3.7 (relating to building cavities) is modified to read: ‘‘R403.3.7 Building cavities (Mandatory). Building framing cavities shall not be used as supply ducts.’’

(H) Section R403.5.1.1 (relating to circulation systems) is modified to add the following exception at the end of the section: ‘‘Exception: Where the entire hot water piping system (both supply and return) are insulated with a minimum R3 insulation, the stated controls shall not be required.’’

(I) Section R404.1 (relating to lighting equipment) is modified to read: ‘‘R404.1 Lighting equipment (Mandatory). Not less than 90 percent of the permanently installed lighting fixtures shall contain only high-efficiency lamps.’’

(J) Section R404.1.1 (relating to exterior lighting) is modified to read: ‘‘R404.1.1 Lighting equipment (Mandatory). Fuel gas lighting systems shall not have continuously burning pilot lights.’’

(K) Section R404.1.2 (relating to fuel gas lighting equipment) is excluded.

(L) Section R404.2 (relating to interior lighting controls) is excluded.

(M) Section R404.3 (relating to exterior lighting controls) is excluded.

(N) Table R405.2 (relating to requirements for total building performance) is modified to read as follows:

(O) Section R405.3.2 (relating to compliance report) is modified to read as follows:

R405.3.2 Compliance report. Compliance software tools shall generate a report that documents that the proposed design complies with Section R405.2. A compliance report on the proposed design shall be submitted with the application for the building permit. Upon completion of the building, a compliance report based on the as-built condition of the building shall be submitted to the code official before a certificate of occupancy is issued. Batch sampling of buildings to determine energy code compliance for all buildings in the batch shall be prohibited.

Compliance reports shall include information in accordance with Sections R405.3.2.1 and R405.3.2.2. Where the proposed design of a building could be built on different sites where the cardinal orientation of the building on each site is different, compliance of the proposed design for the purposes of the application for the building permit shall be based on the worst-case orientation, worst-case configuration, worst-case building air leakage and worst case duct leakage. Such worst-case parameters shall be used as inputs to the compliance software for energy analysis.

(P) Section R405.3.2.1 (relating to compliance report for permit application) is modified by striking and replacing numbered paragraphs 2—6 with the following:

A statement indicating that the proposed design complies with Section R405.4.
An inspection checklist documenting the building component characteristics of the proposed design as indicated in Table R405.4.2(1). The inspection checklist shall show results for both the standard reference design and the proposed design with user inputs to the compliance software to generate the results.
A site-specific energy analysis report that is in compliance with Section R405.4.
The name of the individual performing the analysis and generating the report.
The name and version of the compliance software tool.

(Q) Section R405.3.2.2 (relating to compliance report for certificate of occupancy) is modified by striking ‘‘and the title page of the building plans’’ from paragraph 2.

(R) Table R405.4.2(1) (relating to specifications for the standard reference and proposed designs) is modified to read as follows:

(S) Table R406.2 (relating to requirements for energy rating index) is modified to read as follows:

(T) Section R406.3 (relating to building thermal envelope) is excluded.

(U) Section R406.3.1 (relating to on-site renewables are not included) is excluded.

(V) Section R406.3.2 (relating to on-site renewables are included) is excluded.

(W) Section R406.4 (relating to energy rating index) is modified to read:

R406.4 Energy rating index. The Energy Rating Index (ERI) shall be a numerical integer value that is based on a linear scale constructed such that the ERI reference design has an Index value of 100 and a residential building that uses no net purchased energy has an Index value of 0. Each integer value on the scale shall represent a 1 percent change in the total energy use of the rated design relative to the total energy use of the ERI reference design. The ERI shall consider all energy used in the residential building.

(X) The following provision is added as Section R406.4.1:

R406.4.1 ERI reference design. The ERI reference design shall be configured such that it meets the minimum requirements of the 2006 International Energy Conservation Code prescriptive requirements. The proposed residential building shall be shown to have an annual total normalized modified load less than or equal to the annual total loads of the ERI reference design.

(Y) Section R406.7.1 (relating to compliance software tools) is modified to read:

R406.7.1 Compliance software tools. Documentation verifying that the methods and accuracy of the compliance software tools conform to the provisions of this section shall be provided to the code official.

(Z) Section R406.7.5 (relating to specific approval) is excluded.

(AA) Section R406.7.6 (relating to input values) is excluded.

(BB) The following section is added as Section R406.8:

R406.8 Calculation software tools. Calculation software, where used, shall be in accordance with Sections R406.8.1 through R406.8.3.

(CC) The following previously adopted section is added as Section R406.8.1:

R406.8.1 Minimum capabilities. Calculation procedures used to comply with this section shall be software tools capable of calculating the ERI as described in Section R406.3, and shall include the following capabilities:

Computer generation of the ERI reference design using only the input for the rated design.

The calculation procedure shall not allow the user to directly modify the building component characteristics of the ERI reference design.

Calculation of whole-building, as a single zone, sizing for the heating and cooling equipment in the ERI reference design residence in accordance with Section R403.7.
Calculations that account for the effects of indoor and outdoor temperatures and part-load ratios on the performance of heating, ventilating and air conditioning equipment based on climate and equipment sizing.
Printed code official inspection checklist listing each of the rated design component characteristics determined by the analysis to provide compliance, along with their respective performance ratings.

(DD) The following section is added as Section R406.8.2:

R406.7.2 (N1106.7.2) Specific approval. Performance analysis tools meeting the applicable sections of Section R406 (N1106) shall be approved. Tools are permitted to be approved based on meeting a specified threshold for a jurisdiction. The code official shall approve tools for a specified application or limited scope.

(EE) The following section is added as Section R406.8.3:

R406.7.3 (N1106.7.3) Input values. When calculations require input values not specified by Sections R402, R403, R404 and R405, those input values shall be taken from an approved source.

(FF) Section R408.1 (relating to scope) is modified by striking ‘‘in accordance with Section R401.2.5[.]’’

(GG) Section R408.2 (relating to additional efficiency package options) is modified by striking ‘‘for compliance with Section N1101.13.5[.]’’

(10) The ‘‘International Existing Building Code of 2021’’ except:

(i) The accessibility provisions contained in the following sections of the ‘‘International Existing Building Code of 2021’’ are excluded:

(A) Section 301.5 (relating to compliance with accessibility).

(B) Section 305 (relating to accessibility for existing buildings).

(D) Appendix B (relating to supplementary accessibility requirements for existing buildings and facilities).

(ii) Section 1106 (relating to storm shelters) is excluded.

(iii) {Reserved}.

(11) The ‘‘International Wildland-Urban Interface Code of 2021.’’

(12) Appendix E of the ‘‘International Building Code of 2018.’’

(13) Appendix H of the ‘‘International Building Code of 2009.’’

(14) The ‘‘International Swimming Pool and Spa Code of 2021,’’ except:

(i) The following provisions are excluded:

(A) Section [A] 108.2 (relating to schedule of permit fees).

(B) Section [A] 108.3 (relating to permit valuations).

(D) Section [A] 108.5 (relating to payment of fees related to permits).

(ii) The following provisions of the ‘‘International Swimming Pool and Spa Code of 2018’’ remain in effect:

(A) Section [A] 105.6.1 (relating to work commencing before permit issuance).

(B) Section [A] 105.6.2 (relating to fee schedule).

(b) The code adopted under subsection (a)(8) is part of the Uniform Construction Code to the extent that it is referenced in Chapter 35 of the ‘‘International Building Code of 2021’’ under section 302(a)(1) of the act (35 P.S. § 7210.302(a)(1)). The provisions of the Uniform Construction Code apply if there is a difference between the Uniform Construction Code and the codes or standards adopted in subsection (a). This chapter’s administrative provisions govern under § 403.27(e) (relating to applicability and use of standards) if there is a conflict with the provisions of the codes relating to administration incorporated under subsection (a).

(c) Appendices to a code or standard listed in subsection (a) are not adopted in the Uniform Construction Code except for the appendices and resource information found in the ‘‘International Existing Building Code of 2021’’ and the appendices found in subsection (a)(12) and (13).

(d) A permit applicant may utilize one of the following prescriptive methods to demonstrate compliance with the energy conservation requirements of the Uniform Construction Code. The standards are those listed for the climatic zone of this Commonwealth where the building or structure is located:

(1) The prescriptive methods for detached residential buildings contained in the ‘‘International Energy Conservation Code of 2021’’ compliance guide containing State maps, prescriptive energy packages and related software published by the United States Department of Energy, Building Standards and Guidelines Program (REScheckTM) or ‘‘Pennsylvania’s Alternative Residential Energy Provisions.’’

(2) The prescriptive methods for all other buildings or structures contained in the ‘‘International Energy Conservation Code of 2021’’ compliance guide containing State maps, prescriptive packages and related software published by the United States Department of Energy, Building Standards and Guidelines Program (COMcheckTM).

(e) Construction of individual sewage disposal systems is governed under 25 Pa. Code Chapter 73 (relating to standards for onlot sewage treatment facilities).

(f) The repair, alteration, change of occupancy, addition and relocation of existing buildings must comply with Chapter 34 of the ‘‘International Building Code of 2021’’ or with the ‘‘International Existing Building Code of 2021.’’

The provisions of this § 403.21 amended under sections 302 and 304(a)(1)—(3) of the Pennsylvania Construction Code Act (35 P.S. § § 7210.302 and 7210.304(a)(1)—(3)).

The provisions of this § 403.21 amended December 15, 2006, effective December 31, 2006, 36 Pa.B. 7548; amended December 24, 2009, effective December 31, 2009, 39 Pa.B. 7196; amended December 21, 2012, effective December 31, 2012, 42 Pa.B. 7646; amended November 25, 2015, effective December 31, 2015, 45 Pa.B. 6813; amended May 6, 2016, effective May 7, 2016, 46 Pa.B. 2315; amended September 29, 2018, effective October 1, 2018, 48 Pa.B. 6261; amended November 2, 2018, effective November 3, 2018, 48 Pa.B. 6987; amended June 14, 2019, effective June 15, 2019, 49 Pa.B. 3077; amended December 24, 2021, effective December 25, 2021, 51 Pa.B. 7981; amended February 11, 2022, effective February 14, 2022, 52 Pa.B. 971; amended November 7, 2025, effective January 1, 2026, 55 Pa.B. 7701. Immediately preceding text appears at serial pages (408689) to (408695).

The Department of Labor and Industry had the authority to adopt model codes to serve as basis for the Uniform Construction Code; this authority included the implied authority to incorporate an appendix of the International Residential Code setting standards for manufactured homes which the Department deemed relevant. DRB v. Department of Labor, 853 A.2d 8, 18, 19 (Pa. Cmwlth. 2004) aff’d 887 A.2d 1216 (Pa. 2005).

This section cited in 34 Pa. Code § 403.2 (relating to other statutes or ordinances); 34 Pa. Code § 403.27 (relating to applicability and use of standards); 34 Pa. Code § 403.44 (relating to alternative construction materials and methods); and 34 Pa. Code § 403.102 (relating to municipalities electing to enforce the Uniform Construction Code).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.22 Health care facilities.

(a) A health care facility shall comply with all of the following under sections 104(d)(3) and 105(d)(1) of the act (35 P.S. § § 7210.104(d)(3) and 7210.105(d)(1)):

(1) The Health Care Facilities Act.

(2) Regulations of the Department of Health in 28 Pa. Code Part IV (relating to health facilities).

(3) Building codes and regulations set forth in the applicable licensure laws and regulations under section 105(d) of the act (35 P.S. § 7210.105(d)).

(4) This chapter.

(b) Chapter 405 (relating to elevators and other lifting devices) always applies to health care facilities.

(c) In addition to the requirements of this chapter, a permit applicant for a health care facility shall obtain a license from the Department of Health under the Health Care Facilities Act and its regulations and comply with the Department of Health’s license application procedures and its licensing regulations.

(d) A permit applicant for construction or alteration of a health care facility shall do all of the following:

(1) Submit construction or alteration plans to the Department of Health and obtain Department of Health approval before commencing construction or performing the alteration.

(2) Obtain approval from the Department of Health before occupancy of a new health care facility under 28 Pa. Code § 51.5 (relating to building occupancy).

(3) Obtain approval from the Department of Health before occupancy of an altered portion of an existing health care facility.

(e) A Department of Health inspector may inspect a health care facility site before, during and after construction to monitor compliance with Department of Health’s health facility regulations.

(f) A building code official may not approve plans for a health care facility under this chapter unless the Department of Health has approved the plans.

(g) A building code official may not issue a certificate of occupancy for the health care facility under this chapter unless the Department of Health approved occupancy under 28 Pa. Code § 51.5.

(h) This section applies to construction or alteration of all health care facilities that the Department or a building code official review and approve under this chapter.

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.23 Child day care facilities.

(a) A dwelling unit where child day care services are provided for less than 24 hours for 4 to 12 children is an R-3 occupancy if the dwelling unit is used primarily as a private residence and the provision of day care services is accessory to the principal use of the dwelling unit as a residence.

(b) A day care facility that is an R-3 occupancy under subsection (a) which provides day care services to 4—6 children shall comply with all of the following:

(1) Have a smoke detector on each floor and in the basement. The smoke detector may be powered by a nonreplacable, lithium battery listed by Underwriters Laboratories® that is warranted for 10 years and should sound an alarm when activated that is audible to persons in the unit’s indoor child care space with all intervening doors closed. Where this type of detector is utilized, the unit owner of this detector shall keep the proof and date of purchase of the detector in the unit’s fire drill logs.

(2) Have a portable fire extinguisher rated for Class B Fires in the kitchen and other cooking areas.

(3) Meet the exiting requirements for an R-3 occupancy and licensure under 55 Pa. Code Chapter 3290 (relating to family child day care homes).

(c) A day care facility that is an R-3 occupancy under subsection (a) which provides day care services to 7—12 children shall comply with all of the following:

(1) Have an interconnected smoke detector system.

(2) Have a fire extinguisher rated for Class B fires in the kitchen and other cooking areas.

(3) Meet the exiting requirements for an R-3 occupancy and licensure under 55 Pa. Code Chapter 3280 (relating to group child day care homes).

(d) All other child day care facilities shall be classified under Chapter 3 of the ‘‘International Building Code of 2021.’’ The facilities shall meet all Uniform Construction Code standards for these occupancy classifications.

The provisions of this § 403.23 amended under section 304(a)(1) and (2) of the Pennsylvania Construction Code Act (35 P.S. § 7210.304(a)(1) and (2)).

The provisions of this § 403.23 amended September 29, 2018, effective October 1, 2018, 48 Pa.B. 6261; amended February 11, 2022, effective February 14, 2022, 52 Pa.B. 971; amended November 7, 2025, effective January 1, 2026, 55 Pa.B. 7701. Immediately preceding text appears at serial pages (408696) to (408697).

This section cited in 55 Pa. Code § 3270.15 (relating to building codes); 55 Pa. Code § 3280.15 (relating to building codes); and 55 Pa. Code § 3290.14 (relating to building codes).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.24 Historic buildings, structures and sites.

A building code official may exclude an entire historic building or structure or part of the building or structure from compliance with the Uniform Construction Code if it meets all of the following conditions under section 902 of the act (35 P.S. § 7210.902):

(1) The building or structure is an existing building or structure, or a new building or structure that is not intended for residential use on an historic site.

(2) The building or structure is identified and classified by Federal or local government authority or the Historical and Museum Commission as an historic building or site.

(3) A building code official judges the building or structure or parts of the building and structure as safe and the exclusion is in the interest of public health, safety or welfare. The building code official shall apply the Uniform Construction Code to parts of the building or structure where its exclusion is not within the interest of the public health, safety and welfare. A building code official may not waive the Uniform Construction Code’s accessibility requirements under this section.

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.25 Manufactured and industrialized housing.

(a) Manufactured housing is governed by the following under section 901(a) of the act (35 P.S. § 7210.901(a)):

(1) Except as provided in paragraph (2), the Uniform Construction Code does not apply to new manufactured housing assembled by and shipped from the manufacturer and which bears a label which certifies that it conforms to Federal construction and safety standards adopted under the Housing and Community Development Act of 1974 (42 U.S.C.A. § § 5401—5426) and installation of new manufactured housing in conformity with the manufacturer’s approved design applicable to the particular home.

(2) Construction activities or processes including utility connections and grading not addressed by the manufacturer’s approved design must comply with the Uniform Construction Code.

(3) The Uniform Construction Code applies to the following:

(i) Alteration or repair to the unit that does not fall within 24 CFR 3280.1—3280.904 (relating to manufactured home construction and safety standards) and the manufacturer’s installation instructions after assembly and shipment by the manufacturer.

(ii) Additions to the unit after delivery to the site.

(iii) Construction, alteration, repair or change of occupancy if the manufactured housing is resold to a subsequent purchaser.

(iv) Construction, alteration, repair or change of occupancy if the original purchaser relocates the manufactured housing.

(b) Industrialized housing is governed by the following under section 901(a) of the act:

(1) Except as provided in subsection (b)(2), the Uniform Construction Code does not apply to industrialized housing assembled by and shipped from the manufacturer.

(2) The Uniform Construction Code applies to all of the following:

(i) Site preparation.

(ii) Foundation construction.

(iii) Utilities connection.

(iv) Construction, alteration or repair to the industrialized housing unit after installation.

(v) Construction, alteration, repair or occupancy if industrialized housing is resold to a subsequent purchaser.

(vi) Construction, alteration, repair or occupancy if industrialized housing is relocated.

(c) The Department of Community and Economic Development may enforce and take action under the Industrialized Housing Act (35 P.S. § § 1651.1—1651.12) and the Manufactured Housing Construction and Safety Standards Authorization Act (35 P.S. § § 1656.1—1656.9).

The provisions of this § 403.25 amended under section 301 of the Pennsylvania Code Construction Act (35 P.S. § 7210.301).

The provisions of this § 403.25 amended December 15, 2006, effective December 31, 2006, 36 Pa.B. 7548. Immediately preceding text appears at serial pages (306383) to (306384).

The Construction Code Act does not apply to manufactured housing assembled by and shipped from the manufacturer bearing a label certifying it conforms to Federal construction and safety standards; however, it does regulate site preparation, foundation construction, and utility connnections. DRB v. Department of Labor, 853 A.2d 8, 18, 19 (Pa. Cmwlth. 2004); affirmed 887 A.2d 1216 (Pa. 2005).

This section cited in 34 Pa. Code § 403.1 (relating to scope).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.26 Swimming pools.

(a) A swimming pool, hot tub and spa, which is an accessory to a one-family or two-family dwelling, must comply with the ‘‘International Swimming Pool and Spa Code of 2021.’’

(b) A swimming pool, hot tub or spa that is not an accessory to a one-family or two-family dwelling must comply with the Public Bathing Law (35 P.S. § § 672—680d) and the ‘‘International Swimming Pool and Spa Code of 2018.’’

The provisions of this § 403.26 amended under section 304(a)(1)—(3) of the Pennsylvania Construction Code Act (35 P.S. § 7210.304(a)(1)—(3)).

The provisions of this § 403.26 amended December 15, 2006, effective December 31, 2006, 36 Pa.B. 7548; amended December 24, 2009, effective December 31, 2009, 39 Pa.B. 7196; amended September 29, 2018, effective October 1, 2018, 48 Pa.B. 6261; amended June 14, 2019, effective June 15, 2019, 49 Pa.B. 3077; amended December 24, 2021, effective December 25, 2021, 51 Pa.B. 7981; amended February 11, 2022, effective February 14, 2022, 52 Pa.B. 971; amended November 7, 2025, effective January 1, 2026, 55 Pa.B. 7701. Immediately preceding text appears at serial page (408699).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.27 Applicability and use of standards.

(a) Portions of this chapter designate and incorporate portions of the following ICC copyrighted works:

(1) The ‘‘International Building Code of 2021.’’

(2) The ‘‘International Residential Code of 2021.’’

(3) The ‘‘International Plumbing Code of 2021.’’

(4) The ‘‘International Mechanical Code of 2021.’’

(b) The ‘‘International Residential Code of 2021’’ and the ‘‘International Existing Building Code of 2021’’ apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings no more than three stories in height with a separate means of egress and their accessory structures.

(d) If different sections of this chapter specify different materials, method of construction or other requirements, the most restrictive material, method of construction or other requirement shall govern. The specific requirement of this part applies if there is a conflict between a general requirement and a specific requirement.

(e) This chapter governs if there is a conflict between this chapter and the provisions of the codes relating to administration incorporated under § 403.21(a) (relating to Uniform Construction Code).

(f) A provision of the ‘‘International Mechanical Code of 2021’’ does not apply if the provision conflicts with the Boiler and Unfired Pressure Vessel Law (35 P.S. § § 1331.1—1331.18).

The provisions of this § 403.27 amended under section 304(a)(1) and (2) of the Pennsylvania Construction Code Act (35 P.S. § 7210.304(a)(1) and (2)).

The provisions of this § 403.27 amended December 24, 2009, effective December 31, 2009, 39 Pa.B. 7196; amended September 29, 2018, effective October 1, 2018, 48 Pa.B. 6261; amended February 11, 2022, effective February 14, 2022, 52 Pa.B. 971; amended November 7, 2025, effective January 1, 2026, 55 Pa.B. 7701. Immediately preceding text appears at serial pages (408699) to (408700).

This section cited in 34 Pa. Code § 403.21 (relating to Uniform Construction Code).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.28 Uncertified buildings.

(a) Under section 902(b)(6) of the act (35 P.S. § 7210.902(b)(6)), an uncertified building that was built before April 27, 1927, is deemed to be legally occupied until the owner proposes to renovate, add an addition, alter or change the occupancy of the building. The renovation, addition, alteration or change in occupancy must comply with the Uniform Construction Code.

(b) Under section 902(b) of the act, uncertified buildings within the Department’s jurisdiction must meet the following requirements which do not apply to uncertified buildings under subsection (a):

(1) Maximum story height, minimum allowable construction type based on floor area, vertical opening and shaft protection requirements, means of egress requirements pertaining to minimum number of exits, maximum travel distances to exits, means of egress illumination, minimum egress widths and heights for exit doors, exit stairs, exit ramps and exit corridors requirements under the ‘‘International Building Code of 2021.’’

(2) Fire safety requirements in the ‘‘International Building Code of 2021’’ for fire alarms, fire extinguishers, heat and smoke detectors, automatic sprinkler systems and occupancy and incidental use separations. The following also apply:

(i) If construction began on a building before May 19, 1984, the installation of automatic sprinkler systems is not required.

(ii) If construction began on a building after May 19, 1984, automatic sprinklers are only required if the building is classified in use groups E (educational), H (high-hazard), I (institutional) or R-1 or R-2 (residential) or if the building has occupied floors more than 75 feet above lowest level of fire department access. Buildings in use groups R-1 and R-2 which do not have occupied floors more than 75 feet above lowest level of fire department access may, instead of installing automatic sprinkler systems, install hard-wired interconnected heat and smoke detectors in all rooms or spaces, whether they are occupied or unoccupied.

(iii) If construction of a building began after May 18, 1984, automatic sprinkler installation shall be completed by December 22, 2010, or any certificate of occupancy issued shall be invalid.

(3) Accessibility requirements are applicable as follows:

(i) If construction of an uncertified building began before September 1, 1965, accessibility requirements will not be imposed by the Department.

(ii) If construction of a building began after August 31, 1965, and before February 18, 1989, and if the building is a State-owned building, a restaurant or a retail commercial establishment, the building must have at least one accessible main entrance, an accessible route from the accessible entrance to any public spaces on the same level as the accessible entrance and, if toilet rooms are provided, the building must have at least one toilet room for each sex or a unisex toilet room complying with the accessibility requirements of the ‘‘International Building Code of 2018.’’

(iii) If construction of the building began after February 17, 1989, all accessibility requirements of the ‘‘International Building Code of 2018’’ shall be met.

(4) Structural requirements will not be imposed unless the Department determines that the building or a portion of the building has defects that are defined as dangerous in section 202 of the ‘‘International Existing Building Code of 2021.’’ If the building is dangerous, the Department may impose only those requirements minimally necessary to remove danger to the building’s occupants.

(5) 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.

(c) The following apply to uncertified buildings where the Department does not have jurisdiction and which are not governed under subsection (a):

(1) A construction code official shall issue a certificate of occupancy to an uncertified building if it meets the requirements of the latest version of the ‘‘International Existing Building Code of 2021’’ or Chapter 34 of the ‘‘International Building Code of 2021.’’ The construction code official shall utilize the code for the municipality which best applies, in the official’s professional judgment.

(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 governed under this subsection may utilize the standards of subsection (b) for the issuance of certificates of occupancy to uncertified buildings if the municipality adopts an ordinance.

The provisions of this § 403.28 amended under section 304(a)(1)—(3) of the Pennsylvania Construction Code Act (35 P.S. § 7210.304(a)(1)—(3)).

The provisions of this § 403.28 adopted December 15, 2006, effective December 31, 2006, 36 Pa.B. 7548; amended December 24, 2009, effective December 31, 2009, 39 Pa.B. 7196; amended September 29, 2018, effective October 1, 2018, 48 Pa.B. 6261; amended June 14, 2019, effective June 15, 2019, 49 Pa.B. 3077; amended December 24, 2021, effective December 25, 2021, 51 Pa.B. 7981; amended February 11, 2022, effective February 14, 2022, 52 Pa.B. 971; amended November 7, 2025, effective January 1, 2026, 55 Pa.B. 7701. Immediately preceding text appears at serial pages (408700) to (408702).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.41 Commercial construction.

This section and § § 403.42—403.48 apply to the Department and municipalities electing to enforce the Uniform Construction Code under § 403.102 (relating to municipalities electing to enforce the Uniform Construction Code).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.42 Permit requirements and exemptions.

(a) An owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a commercial building, structure and facility or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical, or plumbing system regulated by the Uniform Construction Code shall first apply to the building code official and obtain the required permit under § 403.42a (relating to permit application).

(b) Emergency repairs or replacement of equipment may be made without first applying for a permit if a permit application is submitted to the building code official within 3 business days of the repair or replacement.

(c) A permit is not required for the exceptions listed in § 403.1(b) (relating to scope) and the following construction as long as the work does not violate a law or ordinance:

(1) Building construction for the following:

(i) Fences that are not over 6 feet high.

(ii) Oil derricks.

(iii) Retaining walls, which are not over 4 feet in height measured from the lowest level of grade to the top of the wall, unless it is supporting a surcharge or impounding Class I, II or III-A liquids.

(iv) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to 1.

(v) Sidewalks and driveways not more than 30 inches above grade and that are not located over a basement or story below it and which are not part of an accessible route.

(vi) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finishing work.

(vii) Temporary motion picture, television, and theater stage sets and scenery.

(viii) Prefabricated swimming pools accessory to a Group R-3 occupancy which are less than 24 inches deep, do not exceed 5,000 gallons and are installed entirely aboveground.

(ix) Shade cloth structures constructed for nursery or agricultural purposes that do not include service systems.

(x) Swings and other playground equipment accessory to one- or two-family dwellings.

(xi) Window awnings supported by an exterior wall which do not project more than 54 inches from the exterior wall and do not require additional support of group R-3 as applicable in the ‘‘International Building Code of 2021,’’ and Group U occupancies.

(xii) Movable cases, counters and partitions that are not over 5 feet 9 inches in height.

(xiii) Window replacement without structural change.

(2) Electrical work for the following:

(i) Minor repair and maintenance work that includes the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

(ii) Electrical equipment used for radio and television transmissions. The provisions of the Uniform Construction Code apply to equipment and wiring for power supply and the installation of towers and antennas.

(iii) The installation of a temporary system for the testing or servicing of electrical equipment or apparatus.

(3) The following gas work:

(i) A portable heating appliance.

(ii) Replacement of a minor part that does not alter approval of equipment or make the equipment unsafe.

(4) The following mechanical work or equipment:

(i) A portable heating appliance.

(ii) Portable ventilation equipment.

(iii) A portable cooling unit.

(iv) Steam, hot or chilled water piping within any heating or cooling equipment governed under the Uniform Construction Code.

(v) Replacement of any part that does not alter its approval or make it unsafe.

(vi) A portable evaporative cooler.

(vii) A self-contained refrigeration system containing 10 pounds or less of refrigerant and placed into action by motors that are not more than 1 horsepower.

(5) The following plumbing repairs:

(i) Stopping leaks in a drain and a water, soil, waste or vent pipe. The Uniform Construction Code applies if a concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and is removed and replaced with new material.

(ii) Clearing stoppages or repairing leaks in pipes, valves or fixtures, and the removal and installation of water closets, faucets and lavatories if the valves or pipes are not replaced or rearranged.

(d) An ordinary repair does not require a permit. The following are not ordinary repairs:

(1) Cutting away a wall, partition or portion of a wall.

(2) The removal or cutting of any structural beam or load-bearing support.

(3) The removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements.

(4) The addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical.

(e) A permit is not required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment under the ownership and control of public service agencies.

(f) A building code official may issue an annual permit instead of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation. All of the following are required:

(1) The applicant shall regularly employ at least one qualified trades person in the building or structure owned or operated by the applicant.

(2) The applicant shall submit an application in accordance with § 403.42a(m).

(3) An annual permit holder shall keep detailed records of alterations made in accordance with the annual permit. The permit holder shall provide access to these records to the building code official.

The provisions of this § 403.42 amended under section 304(a)(1) and (2) of the Pennsylvania Construction Code Act (35 P.S. § 7210.304(a)(1) and (2)).

The provisions of this § 403.42 amended December 24, 2009, effective December 31, 2009, 39 Pa.B. 7196; amended September 29, 2018, effective October 1, 2018, 48 Pa.B. 6261; amended February 11, 2022, effective February 14, 2022, 52 Pa.B. 971; amended November 7, 2025, effective January 1, 2026, 55 Pa.B. 7701. Immediately preceding text appears at serial pages (408703) to (408705).

This section cited in 34 Pa. Code § 403.41 (relatiing to commercial construction); 34 Pa. Code § 403.42a (relating to permit application); and 34 Pa. Code § 403.102 (relating to municipalities electing to enforce the Uniform Construction Code).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.42a Permit application.

(a) Applications for a permit required under § 403.42 (relating to permit requirements and exemptions) shall be submitted to the building code official in accordance with this section.

(b) A permit applicant shall submit an application to the building code official and attach construction documents, including plans and specifications, and information concerning special inspection and structural observation programs, Department of Transportation highway access permits, all other permits or approvals related to the construction required under § 403.102(n) (relating to municipalities electing to enforce the Uniform Construction Code) and other data required by the building code official with the permit application. The applicant shall submit three sets of documents when the Department conducts the review.

(c) A licensed architect or licensed professional engineer shall prepare the construction documents under the Architects Licensure Law (63 P.S. § § 34.1—34.22), or the Engineer, Land Surveyor and Geologist Registration Law (63 P.S. § § 148—158.2). An unlicensed person may prepare design documents for the remodeling or alteration of a building if there is no compensation and the remodeling or alteration does not relate to additions to the building or changes to the building’s structure or means of egress.

(d) A building code official may require submission of additional construction documents in special circumstances.

(e) The permit applicant shall submit construction documents in a format approved by the building code official. Construction documents shall be clear, indicate the location, nature and extent of the work proposed, and show in detail that the work will conform to the Uniform Construction Code.

(f) All of the following fire egress and occupancy requirements apply to construction documents:

(1) The permit applicant shall submit construction documents that show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the Uniform Construction Code.

(2) The construction documents for occupancies other than Groups R-2 and R-3 shall contain designation of the number of occupants to be accommodated on every floor and in all rooms and spaces.

(3) The permit applicant shall submit shop drawings for a fire protection system that indicates conformance with the Uniform Construction Code in accordance with the following:

(i) The shop drawings shall be approved by the building code official before the start of the system installation.

(ii) The shop drawings must contain the information required by the referenced installation standards contained in Chapter 9 of the ‘‘International Building Code of 2021.’’

(g) Construction documents shall contain the following information related to the exterior wall envelope:

(1) Description of the exterior wall envelope indicating compliance with the Uniform Construction Code.

(2) Flashing details.

(3) Details relating to intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves, or parapets, means of drainage, water-resistive membrane and details around openings.

(h) Construction documents shall contain a site plan that is drawn to scale. The building code official may waive or modify the following site plan requirements if the permit application is for an alteration or repair or if waiver or modification is warranted. Site plan requirements include all of the following:

(1) The size and location of new construction and existing structures on the site.

(2) Accurate boundary lines.

(3) Distances from lot lines.

(4) The established street grades and the proposed finished grades.

(5) If the construction involves demolition, the site plan shall indicate construction that is to be demolished and the size and location of existing structures and construction that will remain on the site or plot.

(6) Location of parking spaces, accessible routes, public transportation stops and other required accessibility features.

(i) A permit applicant shall submit certifications required in the ‘‘International Building Code of 2021’’ for construction in a flood hazard area to the building code official.

(j) A permit applicant shall identify, on the application, the name and address of the licensed architect or engineer in responsible charge. The permit applicant shall notify the building code official in writing if another licensed architect or engineer assumes responsible charge.

(k) The permit applicant shall describe an inspection program, identify a person or firm who will perform special inspections and structural observations if sections 1704 and 1705 of the ‘‘International Building Code of 2021’’ require special inspections or structural observations for the construction.

(l) A building code official may waive or modify the submission of construction documents, that are not required to be prepared by a licensed architect or engineer, or other data if the nature of the work applied for does not require review of construction documents or other data to obtain compliance with the Uniform Construction Code. The building code official may not waive the submission of site plans that relate to accessibility requirements.

(m) An applicant for an annual permit under § 403.42(f) shall complete an application and provide information regarding the system that may be altered and the date that approval was previously provided for the approved electrical, gas, mechanical or plumbing installation.

(n) A permit applicant shall comply with the permit, certification or licensure requirements of the following laws applicable to the construction:

(1) The Boiler and Unfired Pressure Vessel Law (35 P.S. § § 1331.1—1331.19).

(2) The Propane and Liquefied Petroleum Gas Act (35 P.S. § § 1329.1—1329.19).

(3) The Health Care Facilities Act.

(4) The Older Adult Daily Living Centers Licensing Act (62 P.S. § § 1511.1—1511.22).

The provisions of this § 403.42a amended under section 304(a)(1) and (2) of the Pennsylvania Construction Code Act (35 P.S. § 7210.304(a)(1) and (2)).

The provisions of this § 403.42a amended December 24, 2009, effective December 31, 2009, 39 Pa.B. 7196; amended September 29, 2018, effective October 1, 2018, 48 Pa.B. 6261; amended February 11, 2022, effective February 14, 2022, 52 Pa.B. 971; amended November 7, 2025, effective January 1, 2026, 55 Pa.B. 7701. Immediately preceding text appears at serial pages (408705) to (408707).

This section cited in 34 Pa. Code § 403.41 (relating to commercial construction); 34 Pa. Code § 403.42 (relating to permit requirements and exemptions); and 34 Pa. Code § 403.102 (relating to municipalities electing to enforce the Uniform Construction Code).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.43 Grant, denial and effect of permits.

(a) A building code official shall grant or deny a permit application, in whole or in part, within 30 business days of the filing date. Reasons for the denial must be in writing, identifying the elements of the application which are not in compliance with the relevant provisions of the Uniform Construction Code and ordinance as appropriate and providing a citation to the relevant provisions of the Uniform Construction Code and ordinance as appropriate, and sent to the applicant. The building code official and the permit applicant may agree in writing to extend the deadline by a specific number of days. A building code official may establish a different deadline to consider applications for a permit in an historic district.

(b) A building code official shall examine the construction documents and shall determine whether the construction indicated and described is in accordance with the Uniform Construction Code and other pertinent laws or ordinances as part of the application process.

(c) A building code official shall stamp or place a notation on each page of the set of reviewed construction documents that the documents were reviewed and approved for Uniform Construction Code compliance before the permit is issued. The building code official shall clearly mark any required nondesign changes on the construction documents. The building code official shall return a set of the construction documents with this notation and any required changes to the applicant. The permit holder shall keep a copy of the construction documents at the work site open to inspection by the construction code official or an authorized representative.

(d) A building code official may not issue a permit for any property requiring access to a highway under the Department of Transportation’s jurisdiction unless the permit contains notice that a highway occupancy permit is required under section 420 of the State Highway Law (36 P.S. § 670-420) before driveway access to a Commonwealth highway is permitted.

(e) A building code official may issue a permit for the construction of the foundations or other parts of a building or structure before the construction documents for the whole building or structure are submitted if the permit applicant previously filed adequate information and detailed statements for the building or structure under the Uniform Construction Code. Approval under this section is not assurance that the building code official will issue a permit for the entire building or structure.

(f) Issuance of a permit does not bar prosecution or other legal action for violations of the act, the Uniform Construction Code or a construction ordinance. A building code official may suspend or revoke a permit issued under the Uniform Construction Code when the permit holder does not make the required changes directed by the building code official under subsection (c), when the permit is issued in error, on the basis of inaccurate or incomplete information or in violation of any act, regulation, ordinance or the Uniform Construction Code.

(g) A permit becomes invalid unless the authorized construction work begins within 180 days after the permit’s issuance or if the authorized construction work permit is suspended or abandoned for 180 days after the work has commenced. A permit holder may submit a written request for an extension of time to commence construction for just cause. The building code official may grant extensions of time to commence construction in writing. A permit may be valid for no more than 5 years from its issue date.

(h) The permit holder shall keep a copy of the permit on the work site until the completion of the construction.

(j) A board of appeals may not rule on requests for extensions of time, variances or appeals relating to this chapter’s accessibility requirements. The Secretary has the exclusive power to grant modifications and extensions of time and decide issues of technical infeasibility under § 403.142 (relating to Accessibility Advisory Board)

(k) A building code official may allow deferred submittals of portions of the design of the building and structure from the time of the application until a specified time set by the building code official. All of the following apply to deferred submittals:

(1) The building code official shall provide prior approval of the deferral of any submittal items.

(2) A licensed architect or professional engineer in responsible charge shall list the deferred submittals on the construction documents for review by the building code official.

(3) A licensed architect or professional engineer shall first review submittal documents for deferred submittal items and place a notation on the documents that the architect or engineer reviewed the documents and that the documents are in general conformance with the design of the building or structure.

(4) Deferred submittal items may not be installed until the building code official approves the design and submittal documents for the deferred submittal items.

(l) Work shall be installed in accordance with the approved construction documents. The permit holder shall submit a revised set of construction documents for approval for changes made during construction that are not in accordance with the approved construction documents.

(m) A permit is not valid until the required fees are collected under § § 401.2 and 401.2a (relating to Department fees; and municipal and third-party agency fees).

The provisions of this § 403.43 amended December 24, 2009, effective December 31, 2009, 39 Pa.B. 7196. Immediately preceding text appears at serial pages (323802) to (323804).

This section cited in 34 Pa. Code § 403.41 (relating to commercial construction); and 34 Pa. Code § 403.102 (relating to municipalities electing to enforce the Uniform Construction Code).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.44 Alternative construction materials and methods.

(a) Materials, products and methods of construction that were evaluated as meeting codes enumerated in § 403.21 (relating to Uniform Construction Code) by the ICC Evaluation Service, Inc. or an evaluation service accredited under the ‘‘General Requirements for Bodies Operating Product Certification Systems’’ issued by the ISO (ISO Guide 65) are approved for use. The use shall conform with the evaluation.

(b) Materials, equipment and devices bearing the label or listed by a testing laboratory or quality assurance agency accredited by the International Accreditation Service, Inc. or another agency accredited under the ‘‘Calibration and Testing Laboratory Accreditation Systems-General Requirements for Operation and Recognition’’ issued by ISO (ISO Guide 58) are approved for use if:

(1) The testing laboratory or quality assurance agency deemed the material as meeting Uniform Construction Code-required standards.

(2) The scope of accreditation is applicable to Uniform Construction Code-required standards.

(c) A new building or remodeling, alteration, addition or change of use and occupancy of an existing building which complies with the ‘‘International Performance Code of 2021’’ shall also be in compliance with the Uniform Construction Code.

The provisions of this § 403.44 amended under section 304(a)(1) and (2) of the Pennsylvania Construction Code Act (35 P.S. § 7210.304(a)(1) and (2)).

The provisions of this § 403.44 amended September 29, 2018, effective October 1, 2018, 48 Pa.B. 6261; amended February 11, 2022, effective February 14, 2022, 52 Pa.B. 971; amended November 7, 2025, effective January 1, 2026, 55 Pa.B. 7701. Immediately preceding text appears at serial pages (408709) to (408710).

This section cited in 34 Pa. Code § 403.41 (relating to commercial construction); and 34 Pa. Code § 403.102 (relating to municipalities electing to enforce the Uniform Construction Code).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.45 Inspections.

(a) A construction code official shall perform inspections to insure that the construction complies with the approved permit and the Uniform Construction Code.

(b) Before issuing a permit, a building code official may examine, or cause to be examined, buildings, structures, facilities or sites related to the permit application.

(c) The permit holder or an authorized agent shall notify the construction code official when work is ready for inspection and provide access for the inspection. The work shall remain accessible and exposed for inspection. A construction code official may inspect the construction and equipment only during normal hours at the construction site unless the permit holder or agent requests or agrees to another time. Inspections may be conducted under § 403.86 (relating to right of entry to inspect).

(d) A construction code official shall notify a permit holder if construction complies with the Uniform Construction Code or fails to comply with the Uniform Construction Code.

(e) A construction code official shall conduct a final inspection of the completed construction work and file a final inspection report, which indicates that all of the following areas met Uniform Construction Code requirements after a final inspection of the completed construction work:

(1) General building under § 401.7(6) (relating to certification category specification).

(2) Electrical under § 401.7(7).

(3) Plumbing under § 401.7(9).

(4) Accessibility under § 401.7(11).

(5) Fire protection under § 401.7(6).

(6) Mechanical under § 401.7(8).

(7) Energy conservation under § 401.7(10)

(f) A code administrator may act in place of a lumber grading or inspection agency to satisfy the requirements under section 2303.1.1 of the ‘‘International Building Code of 2021’’ or its successor code.

The provisions of this § 403.45 amended under section 304(a)(1) and (2) of the Pennsylvania Construction Code Act (35 P.S. § 7210.304(a)(1) and (2)).

The provisions of this § 403.45 amended December 15, 2006, effective December 31, 2006, 36 Pa.B. 7548; amended September 29, 2018, effective October 1, 2018, 48 Pa.B. 6261; amended February 11, 2022, effective February 14, 2022, 52 Pa.B. 971; amended November 7, 2025, effective January 1, 2026, 55 Pa.B. 7701. Immediately preceding text appears at serial pages (408710) to (408711).

This section cited in 34 Pa. Code § 403.102 (relating to municipalities electing to enforce the Uniform Construction Code).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.46 Certificate of occupancy.

(a) A building, structure or facility may not be used or occupied without a certificate of occupancy issued by a building code official.

(b) A building code official shall issue a certificate of occupancy within 5 business days after receipt of a final inspection report that indicates compliance with the Uniform Construction Code. The certificate of occupancy shall contain the following information:

(1) The permit number and address of the building, structure or facility.

(2) The permit holder’s name and address.

(3) A description of the portion of the building, structure or facility covered by the occupancy permit.

(4) The name of the building code official who issued the occupancy permit.

(5) The applicable construction code edition applicable to the occupancy permit.

(6) The use and occupancy classification under Chapter 3 (Use and Occupancy Classification) of the ‘‘International Building Code of 2021,’’ when designated.

(7) The type of construction defined in Chapter 6 (Types of Construction) of the ‘‘International Building Code of 2021,’’ when designated.

(8) Special stipulations and conditions relating to the permit and board of appeals’ decisions and variances for accessibility requirements granted by the Secretary.

(9) The date of the final inspection.

(c) A building code official may issue a certificate of occupancy for a portion of a building, structure or facility if the portion independently meets the Uniform Construction Code.

(d) A building code official may suspend or revoke a certificate of occupancy when the certificate was issued in error, on the basis of incorrect information supplied by the permit applicant or in violation of the Uniform Construction Code. Before a certificate of occupancy is revoked, a building owner may request a hearing before the board of appeals under § 403.122 (relating to appeals, variances and extensions of time).

(e) A building code official may issue a temporary certificate of occupancy for a portion or portions of the building or structure before the completion of the entire work covered by the permit if the portion or portions may be occupied safely. The building code official shall set a time period during which the temporary certificate of occupancy is valid.

The provisions of this § 403.46 amended under section 304(a)(1) and (2) of the Pennsylvania Construction Code Act (35 P.S. § 7210.304(a)(1) and (2)).

The provisions of this § 403.46 amended December 15, 2006, effective December 31, 2006, 36 Pa.B. 7548; amended September 29, 2018, effective October 1, 2018, 48 Pa.B. 6261; amended February 11, 2022, effective February 14, 2022, 52 Pa.B. 971; amended November 7, 2025, effective January 1, 2026, 55 Pa.B. 7701. Immediately preceding text appears at serial pages (408711) to (408712).

This section cited in 34 Pa. Code § 403.102 (relating to municipalities electing to enforce the Uniform Construction Code).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.47 Public utility connections.

(a) A building code official may authorize the temporary connection of a building or system under construction to a utility source of energy, fuel or power.

(b) Connection to a public electric or gas utility for the completed construction may not occur unless the permit holder provides written proof to the utility company that the building or structure passed inspections under this chapter.

This section cited in 34 Pa. Code § 403.41 (relating to commercial construction); and 34 Pa. Code § 403.102 (relating to municipalities electing not to enforce the Uniform Construction Code).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.48 Boilers.

(a) The Boiler and Unfired Pressure Law (35 P.S. § § 1331.1—1331.19) and Chapter 3 (relating to boilers and unfired pressure vessels) govern the new installation, repair or replacement of a boiler or other pressure vessel.

(b) A permit under this chapter is not required for the installation, repair or replacement of a boiler or unfired pressure vessel under subsection (a). The building or structure containing the boiler or unfired pressure vessel shall comply with the Uniform Construction Code or the regulation or ordinance in effect at the time of its legal occupancy.

This section cited in 34 Pa. Code § 403.41 (relating to commercial construction).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.61 Residential buildings.

This subchapter and § § 403.62—403.66 apply to municipalities electing to enforce the Uniform Construction Code under § 403.102 (relating to municipalities electing to enforce the Uniform Construction Code) and third-party agencies.

This section cited in 34 Pa. Code § 403.103 (relating to municipalities electing not to enforce the Uniform Construction Code).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.62 Permit requirements and exemptions.

(a) An owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a residential building or erect, install, enlarge, alter, repair, remove, convert or replace an electrical, gas, mechanical or plumbing system regulated by the Uniform Construction Code shall first apply to the building code official and obtain the required permit under § 403.62a (relating to permit application).

(b) An emergency repair or replacement of equipment may be made without first applying for a permit if a permit application is submitted to the building code official within 3 business days of the repair or replacement.

(c) A permit is not required for the exceptions listed in § 403.1(b) (relating to scope) and the following, if the work does not violate a law or ordinance:

(1) Fences that are no more than 6 feet high.

(2) Retaining walls that are not over 4 feet in height measured from the lowest level of grade to the top of the wall unless the wall supports a surcharge.

(3) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to 1.

(4) Sidewalks and driveways that are 30 inches or less above adjacent grade and not placed over a basement or story below it.

(5) Prefabricated swimming pools that are less than 24 inches deep.

(6) Swings and other playground equipment accessory to a one- or two-family dwelling.

(7) Window awnings supported by an exterior wall which do not 'project more than 54 inches from the exterior wall and do not require additional support.

(8) Installation of an uncovered deck where the floor of the deck is no more than 30 inches above grade.

(9) Installation or rearrangement of communications wiring.

(d) An ordinary repair does not require a permit. The following are not ordinary repairs:

(1) Cutting away a load-bearing wall, partition or portion of a wall.

(2) The removal or cutting of any structural beam or load-bearing support.

(3) The removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements.

(4) The addition to, or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical.

The provisions of this § 403.62 amended December 15, 2006, effective December 31, 2006, 36 Pa.B. 7548; amended December 24, 2009, effective December 31, 2009, 39 Pa.B. 7196. Immediately preceding text appears at serial pages (323807) to (323808).

This section cited in 34 Pa. Code § 403.61 (relating to residential buildings); 34 Pa. Code § 403.62a (relating to permit application); 34 Pa. Code § 403.102 (relating to municipalities electing to enforce the Uniform Construction Code); and 34 Pa. Code § 403.103 (relating to municipalities electing not to enforce the Uniform Construction Code).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.62a Permit application.

(a) Applications for a permit required under § 403.62 (relating to permit requirements and exemptions) shall be submitted to the building code official in accordance with this section.

(b) A permit applicant shall submit an application to the building code official and attach construction documents with plans and specifications and all other permits or approvals related to the construction required by § 403.102(n) (relating to municipalities electing to enforce the Uniform Construction Code).

(c) A building code official may waive the submission of construction documents if the nature of the construction does not require the review of the construction documents to determine compliance with the Uniform Construction Code.

(d) A permit applicant for a building or structure located in a flood hazard area under the National Flood Insurance Program shall submit the following information with the construction documents:

(1) Delineation of flood hazard areas, floodway boundaries and flood zones and the design flood elevation, as appropriate.

(2) The elevation of the proposed lowest floor including basement and the height of the proposed lowest floor including basement above the highest adjacent grade is to be included in the documents if the building or structure is located in areas of shallow flooding (Zone AO).

(3) Design flood elevations contained on the municipality’s Flood Insurance Rate Map produced by the Federal Emergency Management Agency. The building code official and the applicant shall obtain and reasonably utilize design flood elevation and floodway data available from other sources if this information is not contained on the municipality’s Flood Insurance Rate Map.

(e) The application must contain a site plan showing the size and location of the new construction and existing structures on the site and the structures’ distance from lot lines. If the construction involves demolition, the site plan must indicate construction that is to be demolished and the size and location of existing structures and construction that will remain on the site or plot. A building code official may waive or modify the site plan requirement when the permit application is for an alteration or a repair or if the waiver is warranted for other reasons.

The provisions of this § 403.62a amended December 15, 2006, effective December 31, 2006, 36 Pa.B. 7548; amended December 24, 2009, effective December 31, 2009, 39 Pa.B. 7196. Immediately preceding text appears at serial pages (323809) to (323810).

This section cited in 34 Pa. Code § 403.61 (relating to residential buildings); 34 Pa. Code § 403.62 (relating to permit requirements and exemptions); and 34 Pa. Code § 403.103 (relating to municipalities electing not to enforce the Uniform Construction Code).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.63 Grant, denial and effect of permits.

(a) A building code official shall grant or deny a permit application, in whole or in part, within 15 business days of the filing date or the application is deemed approved. If the drawings were prepared by a design professional who is licensed or registered under the laws and regulations of the Commonwealth and the application contains a certification by the licensed or registered design professional that the plans meet the applicable standards of the Uniform Construction Code and ordinance as appropriate, a building code official shall grant or deny a permit application, in whole or in part, within 5 business days of the filing date or the application is deemed approved. Reasons for denial must be in writing, identifying the elements of the application which are not in compliance with the relevant provisions of the Uniform Construction Code and ordinance as appropriate and providing a citation to the relevant provisions of the Uniform Construction Code and ordinance as appropriate, and sent to the permit applicant. The building code official and the applicant may agree in writing to extend the deadline by a specific number of days.

(c) A building code official shall stamp or place a notation on each page of the set of reviewed construction documents that the documents were reviewed and approved for Uniform Construction Code compliance before the permit is issued. The building code official shall clearly mark any required nondesign changes on the construction documents. The building code official shall return a set of the construction documents with this notation and any required changes to the applicant. The applicant shall keep a copy of the construction documents at the work site open to inspection by the construction code official or an authorized representative.

(f) Issuance of a permit does not bar prosecution or other legal action for violations of the act, the Uniform Construction Code or a construction ordinance. A building code official may suspend or revoke a permit issued under the Uniform Construction Code when the owner does not make the required changes directed by the building code official under subsection (c), when the permit is issued in error, on the basis of inaccurate or incomplete information or in violation of any act, regulation, ordinance or the Uniform Construction Code.

(h) The permit holder shall keep a copy of the permit on the work site until the completion of the construction.

(i) A permit applicant may request extensions of time or variances or appeal a building code official’s action on the permit application to a board of appeals under § 403.122 (relating to appeals, variances and extensions of time) in a municipality which has adopted an ordinance for the administration and enforcement of the act or municipalities which are parties to an agreement for the joint administration and enforcement of the act.

(j) Work shall be installed in accordance with the approved construction documents. The permit holder shall submit a revised set of construction documents for approval for changes made during construction that are not in accordance with the approved construction documents.

(k) A permit is not valid until the required fees are collected under § 401.2a (relating to municipal and third-party agency fees).

The provisions of this § 403.63 amended December 24, 2009, effective December 31, 2009, 39 Pa.B. 7196. Immediately preceding text appears at serial pages (323810) to (323811).

This section cited in 34 Pa. Code § 403.61 (relating to residential buildings); and 34 Pa. Code § 403.103 (relating to municipalities electing not to enforce the Uniform Construction Code).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.64 Inspections.

(a) A construction code official shall inspect all construction for which a permit was issued. The permit holder shall insure that the construction is accessible for inspection. An inspection does not bar prosecution or other legal action for violation of the Uniform Construction Code.

(b) The permit holder or an authorized agent shall notify the construction code official when work is ready for inspection and provide access for the inspection.

(c) The construction code official shall notify a permit holder if construction complies with the Uniform Construction Code or fails to comply with the Uniform Construction Code.

(d) A construction code official shall make the following inspections and file inspection reports relating to Uniform Construction Code compliance in all of the following areas:

(1) Foundation inspection.

(2) Plumbing, mechanical and electrical system inspection.

(3) Frame and masonry inspection.

(4) Wallboard inspection.

(e) The construction code official may conduct other inspections to ascertain compliance with the Uniform Construction Code or municipal ordinances.

(f) A construction code official shall conduct a final inspection of the completed construction work and file a final inspection report that indicates compliance with the Uniform Construction Code.

(g) A third-party agency under contract with a permit holder shall submit a copy of the final inspection report to the property owner, builder and the lender designated by the builder.

This section cited in 34 Pa. Code § 403.61 (relating to residential buildings); 34 Pa. Code § 403.102 (relating to municipalities electing to enforce the Uniform Construction Code); and 34 Pa. Code § 403.103 (relating to municipalities electing not to enforce the Uniform Construction Code).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.65 Certificate of occupancy.

(a) A residential building may not be used or occupied without a certificate of occupancy issued by a building code official.

(b) A building code official shall issue a certificate of occupancy after receipt of a final inspection report that indicates compliance with the Uniform Construction Code and ordinance within 5 business days or within 10 business days in cities of the first class. The certificate of occupancy must contain the following information:

(1) The permit number and address of the residential building.

(2) The name and address of the owner of the residential building.

(3) A description of the portion of the residential building covered by the occupancy permit.

(4) A statement that the described portion of the residential building was inspected for compliance with the Uniform Construction Code.

(5) The name of the building code official who issued the occupancy permit.

(6) The construction code edition applicable to the occupancy permit.

(7) If an automatic sprinkler system is provided.

(8) Any special stipulations and conditions relating to the building permit.

(c) A building code official may issue a certificate of occupancy for a portion of a residential building if the portion independently meets the Uniform Construction Code.

(d) A building code official may suspend or revoke a certificate of occupancy when the certificate was issued in error, on the basis of incorrect information supplied by the permit applicant, or in violation of the Uniform Construction Code. Before a certificate of occupancy is revoked, a building owner may request a hearing before the board of appeals in accordance with § 403.122 (relating to appeals, variances and extensions of time).

(e) A third-party agency under contract with a building permit holder shall submit a copy of the certificate of occupancy to the municipality.

(f) A building code official may issue a temporary certificate of occupancy for a portion or portions of the building or structure before the completion of the entire work covered by the permit if the portion or portions may be occupied safely. The building code official shall set a time period during which the temporary certificate of occupancy is valid.

The provisions of this § 403.65 amended December 15, 2006, effective December 31, 2006, 36 Pa.B. 7548; amended December 24, 2009, effective December 31, 2009, 39 Pa.B. 7196. Immediately preceding text appears at serial pages (323812) to (323813).

This section cited in 34 Pa. Code § 403.61 (relating to residential buildiings); 34 Pa. Code § 403.102 (relating to municipalities electing to enforce the Uniform Construction Code); and 34 Pa. Code § 403.103 (relating to municipalities electing not to enforce the Uniform Construction Code).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.66 Public utility connections.

(a) A building code official may authorize the temporary connection of a building or system under construction to a utility source of energy, fuel or power.

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.81 Stop work order.

(a) A building code official may issue a written stop work order when the official determines that construction violates the Uniform Construction Code or is being performed in a dangerous or unsafe manner. The stop work order is to contain the reasons for the order and list the required conditions for construction to resume.

(b) The building code official shall serve the stop work order on the permit owner or the owner’s agent by certified mail or personal service.

(c) A person who continues construction after service of a stop work order, except for construction work that is necessary to remove a violation or an unsafe condition, may be subject to the penalties under section 903 of the act (35 P.S. § 7210.903). A building code official may seek enforcement of a stop work order in a court of competent jurisdiction.

This section cited in 34 Pa. Code § 403.102 (relating to municipalities electing to enforce the Uniform Construction Code).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.82 Notice of violations.

A building code official shall follow the following procedures if an inspection reveals a violation of the Uniform Construction Code:

(1) A construction code official shall discuss the inspection results with the permit holder at the completion of the inspection.

(2) The building code official may issue a written notice of violations to the permit holder. The notice is to contain a description of the violations and an order requiring correction of the violations within a reasonable period determined by the building code official. When a violation relates to an unsafe building, structure or equipment, a building code official shall act in accordance with § 403.84 (relating to unsafe building, structure or equipment).

(3) After the compliance date contained in the order, the building code official shall inspect the building, structure or equipment to determine whether the violation was corrected. The building code official shall close the order if the violation was corrected. The building code official may issue an order to show cause under § 403.83 (relating to order to show cause/order to vacate) to the owner for a violation that was not corrected.

This section cited in 34 Pa. Code § 403.102 (relating to municipalities electing to enforce the Uniform Construction Code).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.83 Order to show cause/order to vacate.

(a) A building code official may initiate action to vacate or close a building, structure or equipment for violations of the Uniform Construction Code by issuing an order to show cause to the owner or owner’s agent of a building or structure.

(b) The order to show cause shall contain a statement of the grounds for the action, the alleged violations of the Uniform Construction Code and notification that the building, structure or equipment may be closed or vacated. The order to show cause shall contain notification that the owner or owner’s agent shall submit a written answer within 30 days. The building code official shall serve the order to show cause upon the owner or owner’s agent by certified mail or personal service.

(c) The owner or owner’s agent may file a written answer to the order to show cause with the building code official within 30 days following service of the order to show cause. The answer shall contain specific admissions or denials of the allegations contained in the order to show cause and set forth the specific facts, matters of law or Uniform Construction Code interpretation relied upon by the owner. The answer may contain a request for a variance or an extension of time for compliance. The building code official shall forward all requests for variances, extensions of time or appeals regarding interpretations of the Uniform Construction Code to the board of appeals within 5 business days. The building code official shall send a request for variance, extension of time or appeals regarding interpretation of the Uniform Construction Code’s accessibility requirements to the Department within 5 business days.

(d) If the owner or owner’s agent files an appeal, the board of appeals or Department will assume jurisdiction and consolidate the answer with any pending request for variance, extension of time or appeal filed by the owner with the board of appeals.

(e) The building code official shall consider the pending request for variance or extension of time or appeal as a stay to an enforcement action.

(f) After receipt of the answer, the building code official may take the following actions if the owner or owner’s agent did not previously file an appeal or request for variance or extension of time:

(1) Issue a stop work order.

(2) Vacate or close the building or structure or place equipment out of operation.

(3) Abate or modify the alleged violation.

(4) Order other action to protect persons or property.

(g) A construction code official shall inspect the construction at the expiration of an extension of time or other time period granted for compliance under this section. If the building, structure or equipment violates the Uniform Construction Code following inspection, the building code official may issue an order vacating or closing the building or structure or placing equipment out of operation. The building code official shall serve this order upon the owner or owner’s agent by certified mail or personal service.

(h) Where an unsafe condition exists, a building code official shall act in accordance with § 403.84 (relating to unsafe building, structure or equipment).

This section cited in 34 Pa. Code § 403.82 (relating to notice of violations); and 34 Pa. Code § 403.102 (relating to municipalities electing to enforce the Uniform Construction Code).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.84 Unsafe building, structure or equipment.

(a) A building code official may determine that a building, structure or equipment is unsafe because of inadequate means of egress, inadequate light and ventilation, fire hazard, other dangers to human life or the public welfare, illegal or improper occupancy or inadequate maintenance. A vacant building or structure that is not secured against entry is unsafe under this section.

(b) When a building code official determines the existence of an unsafe condition, the building code official shall order the vacating of the building or structure.

(c) A building code official shall serve a written notice on the owner or owner’s agent of the building, structure or equipment that is unsafe under this section. The notice shall contain the order to vacate the building, structure or seal the equipment out of service and state the unsafe conditions, required repairs or improvements. The order shall be served by certified mail or personal service to the owner or to the owner’s agent’s last known address or on the owner, agent or person in control of the building, structure or equipment. A building code official shall post the written notice at the entrance of the structure or on the equipment if service cannot be accomplished by certified mail or personal service.

(d) When a building or structure is ordered vacated under this section, the building code official shall post a notice at each entrance stating that the structure is unsafe and its occupancy is prohibited.

(e) A building code official may not rescind the order to vacate until the owner abates or corrects the unsafe condition.

(f) The Department may seal an elevator for an unsafe condition under section 105(c)(1) of the act (35 P.S. § 7210.105(c)(1)). The Department is the only entity that may remove or authorize the removal of a seal if an owner abates or corrects the unsafe condition.

This section cited in 34 Pa. Code § 403.82 (relating to notice of violations); 34 Pa. Code § 403.83 (relating to order to show cause/order to vacate); 34 Pa. Code § 403.102 (relating to municipalities electing to enforce the Uniform Construction Code); 34 Pa. Code § 403.122 (relating to appeals, variances and extensions of time); 34 Pa. Code § 403.142 (relating to Accessibility Advisory Board); 34 Pa. Code § 405.11 (relating to accident report); and 34 Pa. Code § 405.13 (relating to appeals, variances and extensions of time).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.85 Release, retention and sharing of commercial construction records.

(a) A building code official shall keep records of all applications received, permits issued, reviewed building plans and specifications, certificates issued, fees collected, reports of inspections, notices and orders issued for all commercial buildings and structures under the Uniform Construction Code. A building code official shall retain these records as long as the related building, structure or equipment remains in existence.

(b) A building code official shall reproduce records kept in an electronic format to a hard-copy format upon request. A building code official may charge for the reproduction costs.

(c) A municipality that discontinues enforcing the Uniform Construction Code shall keep records of previous Uniform Construction Code enforcement. A municipality shall make these records available to the Department.

(d) The Department will make its records available to a municipality that elects to enforce the Uniform Construction Code under section 501 of the act (35 P.S. § 7210.501).

(e) The Department, a municipality and a third-party agency acting on behalf of a municipality may prohibit release of applications received, building plans and specifications, inspection reports and similar documents to the public under the act of June 21, 1957 (P.L. 390, No. 212) known as the Right-to-Know Law (65 P.S. § § 66.1—66.9). The Department, the municipality or the third-party agency may release these documents to the building owner of record, the permit holder, the design professional of record or a third party authorized by the building owner in writing to receive the documents upon presentation of valid identification.

(f) The Department, a municipality and a third-party agency acting on behalf of a municipality may release any document obtained under this chapter to the following:

(1) The Department.

(2) The Department of General Services.

(3) Law enforcement or emergency response entities.

(4) Federal, State or local health entities.

This section cited in 34 Pa. Code § 403.102 (relating to municipalities electing to enforce the Uniform Construction Code).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.86 Right of entry to inspect.

(a) A construction code official may enter a building, structure or premises during normal business hours or at a time agreed to by the owner or owner’s agent to perform inspections under the Uniform Construction Code, to enforce Uniform Construction Code provisions or if there is reasonable cause to believe a condition on the building, structure or premises violates the Uniform Construction Code or which constitutes an unsafe condition.

(b) A construction code official may enter a building, structure or premises when the official presents credentials to the occupant and receives permission to enter.

(c) A construction code official may not enter a building, structure or premises that is unoccupied or after normal business hours without obtaining permission to enter from the owner or the owner’s agent.

(d) A construction code official may seek the assistance of a law enforcement agency to gain entry to enforce the Uniform Construction Code when the construction code official has reasonable cause to believe that the building, structure or premises is unsafe.

(e) This section shall be used in conjunction with the Fire and Panic Act.

This section cited in 34 Pa. Code § 403.45 (relating to inspections).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.101 Effective date.

(a) The Fire and Panic Act, the act of September 1, 1965 (P.L. No. 235) (71 P.S. § § 1455.1—1455.3b), known as the Universal Accessibility Act and a locally-enacted building code shall remain in effect until the date that one of the following has transpired:

(1) A municipality enacts an ordinance adopting the Uniform Construction Code and the municipality provides written notification to the Department of the adopted ordinance before August 7, 2004.

(2) The initial election and notification period ended on August 7, 2004, and the municipality has not provided written notification to the Department.

(3) The municipality elects not to adopt an ordinance enforcing the Uniform Construction Code and provides written notification to the Department.

(b) After the expiration of the initial election period, a municipality may elect to administer and enforce the Uniform Construction Code. The municipality shall provide 180 days notice to the Department of its intention to pass an ordinance adopting the Uniform Construction Code.

(c) The Fire and Panic Act, the Universal Accessibility Act and a locally-enacted building code shall remain in effect for the following construction:

(1) New buildings or renovations to existing buildings for which an application for a building permit was made to the municipality before April 9, 2004.

(2) New buildings or renovations to existing buildings on which a contract for design or construction was signed before April 9, 2004.

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.102 Municipalities electing to enforce the Uniform Construction Code.

(a) A municipality which elects to enforce the Uniform Construction Code shall enact an ordinance adopting the Uniform Construction Code as its municipal building code under section 501(a) of the act (35 P.S. § 7210.501(a)).

(b) The initial election period is from April 9, 2004, through July 8, 2004. A municipality shall enact an ordinance adopting the Uniform Construction Code by July 8, 2004.

(c) A municipality shall submit written notification to the Department of adoption of the ordinance and the following information within 30 days of its adoption:

(1) The number and date of adoption of the ordinance.

(2) The name of building code official.

(3) The business address of building code official.

(4) The business phone number of building code official.

(5) The electronic mail address of building code official, if available.

(d) A municipality may retain ordinances in effect on July 1, 1999, that contain standards that equal or exceed the Uniform Construction Code under section 303(b) of the act (35 P.S. § 7210.303(b)).

(e) A municipality that administers and enforces the Uniform Construction Code may cease administration and enforcement if it provides 180 days notice to the Department of its intention to adopt an ordinance ceasing administration and enforcement.

(f) A municipality shall notify the Department in writing within 30 days of any changes to the information it provided under subsections (b) and (e).

(g) A municipality that elects to administer and enforce the Uniform Construction Code shall utilize any of the following ways under section 501(b) of the act:

(1) Employ at least one construction code official and designating an employee to serve as a building code official.

(2) Retaining one or more third-party agencies.

(3) Utilizing an intermunicipal agreement under 53 Pa.C.S. § § 2301—2315 (relating to intergovernmental cooperation).

(4) Contracting with another municipality.

(5) Contracting with the Department for plan reviews, inspection and enforcement of structures other than one-family and two-family dwelling units and utility and miscellaneous use structures.

(h) A municipality may charge fees under § 401.2a (relating to municipal and third-party agency fees).

(i) A municipality may enact an ordinance containing standards that equal or exceed the Uniform Construction Code as adopted by § 403.21 (relating to the Uniform Construction Code) under section 503 of the act (35 P.S. § 7210.503) after Department review and approval. A municipality may enact ordinances under this section which adopt additional code requirements for alterations or repairs to residential buildings. A municipality may enact ordinances under this section which adopt stricter code requirements than required by the act for the regulation of utility and miscellaneous use structures. The municipality shall notify the Department of the proposed ordinance and submit the following to the Department for its review:

(1) The complete ordinance.

(2) The information required in subsection (c).

(3) A detailed statement containing the differences between the proposed ordinance and the Uniform Construction Code including code sections affected by the changes and how the ordinance will equal or exceed the Uniform Construction Code.

(4) The time and place of public hearing.

(j) The Department will review all proposed ordinances that are filed with the Department in accordance with section 503(f) and (i) of the act (35 P.S. § 7210.503(f) and (i)). The Department will provide written notification of its findings to the municipality including the Department’s finding on the municipality’s compliance with section 503(b) of the act.

(k) A written challenge of an ordinance is governed by the following:

(1) An aggrieved party may file a written challenge of an ordinance within 30 days of its enactment with the Department and shall serve a copy of the challenge upon the municipality under section 503(j) of the act.

(2) The Secretary will issue a ruling on the challenge within 45 days of receipt of the filing of the last challenge to the ordinance or within 30 days of the Department hearing on the challenge, whichever occurs last, under section 503(k) of the act.

(l) A municipality may enact an ordinance relating to the administration and enforcement of the Uniform Construction Code that meets or exceeds the requirements of the following sections:

(1) Section 403.42(b) and (c) (relating to permit requirements and exemptions).

(2) Section 403.42a(a)—(e) and (g)—(n) (relating to permit application).

(3) Section 403.43(b), (c), (g), (h) and (k) (relating to grant, denial and effect of permits).

(4) Section 403.44 (relating to alternative construction material and methods).

(5) Section 403.45 (relating to inspections).

(6) Section 403.46 (relating to certificate of occupancy).

(7) Section 403.47 (relating to public utility connections).

(8) Section 403.62(a)—(e) (relating to permit requirements and exemptions).

(9) Section 403.64 (relating to inspections).

(10) Section 403.65 (relating to certificates of occupancy).

(11) Section 403.66 (relating to public utility connections).

(12) Section 403.81(a) and (b) (relating to stop work order).

(13) Section 403.82 (relating to notice of violations).

(14) Section 403.83 (relating to order to show cause/ order to vacate).

(15) Section 403.84(a)—(e) (relating to unsafe building structure or equipment).

(16) Section 403.85(a)—(c) (relating to release, retention and sharing of commercial construction records).

(m) A municipality may utilize forms provided by the Department of Community and Economic Development as the permit application under § § 403.42a and 403.62a.

(n) A municipality will provide a list of all other required permits necessary before issuance of the building permit. A municipality will not be liable for the completeness of any list.

(o) The Department will enforce Chapter 11 (Accessibility) of the Uniform Construction Code and other accessibility requirements contained in or referenced by the Uniform Construction Code until a municipality employs or contracts with a code administrator certified as an accessibility inspector/plans examiner under this part.

(p) A municipality may observe Department inspections of State-owned buildings in its jurisdiction under section 105(b)(1) of the act (35 P.S. § 7210.105(b)(1)). A municipality may review all building plans and plan review documents for State-owned buildings in the Department’s custody.

(q) A municipality may enact an ordinance imposing the code requirements spelled out in section 503(a)(2) of the act (35 P.S. § 7210.503(a)(2)) on the structures exempted under § 403.1(b)(12) (relating to scope).

The provisions of this § 403.102 amended December 15, 2006, effective December 31, 2006, 36 Pa.B. 7548; amended December 24, 2009, effective December 31, 2009, 39 Pa.B. 7196. Immediately preceding text appears at serial pages (323818) to (323821).

This section cited in 34 Pa. Code § 403.41 (relating to commercial construction); 34 Pa. Code § 403.42a (relating to permit application); 34 Pa. Code § 403.61 (relating to residential buildings); and 34 Pa. Code § 403.62a (relating to permit application).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.103 Municipalities electing not to enforce the Uniform Construction Code.

(a) A municipality shall provide written notification to the Department before August 7, 2004, if it elects not to administer and enforce the Uniform Construction Code.

(b) An applicant for a residential building permit shall obtain the services of a third-party agency certified in the appropriate categories to conduct the plan review and inspections under § § 403.61—403.66 (relating to permit and inspection process for residential buildings).

(c) A building code official shall approve an alternative material, design or method of construction if the proposed design is satisfactory and complies with the intent of the Uniform Construction Code and the offered material, method or work is equivalent to Uniform Construction Code requirements for its intended purpose. The building code official shall accept compliance with the ‘‘International Performance Code of 2021’’ as an alternative to compliance with the Uniform Construction Code.

(d) A building code official shall determine the climatic and geographic design criteria contained in Table R301.2(1) of the ‘‘International Residential Code of 2021’’ for residential construction.

(e) A third-party agency which conducts plan review and inspection of residential buildings and utility and miscellaneous use structures shall retain copies of all final inspection reports relating to Uniform Construction Code compliance.

(f) A third-party agency shall send a copy of the final inspection report to the property owner, builder, and a lender designated by the builder.

(g) A municipality shall provide written notification to a permit applicant for buildings and structures other than residential buildings that the applicant shall obtain the Department’s services for plan review and inspection. The municipality shall send a copy of the notice to the Department. The notice shall contain the following information:

(1) The name of the applicant.

(2) The address of the applicant.

(3) The name of the building or structure.

(4) The address of the building or structure.

(5) Proposed occupancy or use of building or structure under the Uniform Construction Code.

The provisions of this § 403.103 amended under section 304(a)(1) and (2) of the Pennsylvania Construction Code Act (35 P.S. § 7210.304(a)(1) and (2)).

The provisions of this § 403.103 amended September 29, 2018, effective October 1, 2018, 48 Pa.B. 6261; amended February 11, 2022, effective February 14, 2022, 52 Pa.B. 971; amended November 7, 2025, effective January 1, 2026, 55 Pa.B. 7701. Immediately preceding text appears at serial pages (408716) to (408717).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.104 Department review.

(a) The Department will investigate written and signed complaints concerning the enforcement and administration of the Uniform Construction Code under section 105(a) of the act (35 P.S. § 7210.105(a)). The Department will make a report to the governing body of the municipality or third-party agency that was the subject of the review and provide recommendations to address any deficiencies found by the Department.

(b) The Department will review each municipal enforcement program at least once every 5 years unless a complaint is received under section 105(a) of the act to ensure that code administrators are adequately administering and enforcing 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. The Department will submit a written report to the municipality of its findings. The municipality may submit a written response to the Department.

(1) Initiate proceedings in Commonwealth Court under section 105(a)(3) of the act.

(2) Initiate proceedings against code administrators under section 701 of the act (35 P.S. § 7210.701) and § 401.14 (relating to decertification or refusal to certify).

(3) Initiate prosecutions under section 903 of the act (35 P.S. § 7210.903).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.121 Board of appeals.

(a) A municipality which has adopted an ordinance for the administration and enforcement of the Uniform Construction Code or is a party to an agreement for the joint administration and enforcement of the Uniform Construction Code shall establish and appoint members to serve on a board of appeals under section 501(c) of the act (35 P.S. § 7210.501(c)).

(b) The board of appeals shall hear and rule on appeals, requests for variances and requests for extensions of time. An application for appeal shall be based on a claim that the true intent of the act or Uniform Construction Code has been incorrectly interpreted, the provisions of the act or Uniform Construction Code do not fully apply or an equivalent form of construction is to be used.

(1) A member of the board of appeals shall be qualified by training and experience to pass on matters pertaining to building construction. Training and experience may consist of licensure as an architect or engineer, experience in the construction industry, and training or experience as an inspector or plan reviewer.

(2) A member of the board of appeals holds office at the pleasure of the municipality’s governing body.

(3) Members of a municipality’s governing body and its code administrators may not serve on a board of appeals.

(4) A municipality may fill a position on the board of appeals with a qualified person who resides outside of the municipality when it cannot find a person within the municipality who satisfies the requirements of this section.

(d) Two or more municipalities may establish a joint board of appeals through an intermunicipal agreement under 53 Pa.C.S. § § 2301—2315 (relating to intergovernmental cooperation).

(e) A board of appeals member may not cast a vote or participate in a hearing in any appeal, request for variance or request for extension of time in which the member has a personal, professional or financial interest.

(f) A board of appeals shall schedule meetings and provide public notice of meetings in accordance with 65 Pa.C.S. § § 701—716 (relating to Sunshine Act).

(g) A board of appeals may not act upon appeals, requests for variance or requests for extension of time relating to accessibility under the act.

(h) The fee for an appeal in a municipality which has adopted an ordinance for the administration and enforcement of the Uniform Construction Code or is a party to an agreement for the joint administration and enforcement of the Uniform Construction Code will not exceed the actual costs of publishing the hearing notice, court reporter services and other necessary administrative services under section 501(c) of the act (35 P.S. § 7210.501(c)(4)).

The provisions of this § 403.121 amended December 24, 2009, effective December 31, 2009, 39 Pa.B. 7196. Immediately preceding text appears at serial page (323823).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.122 Appeals, variances and extensions of time.

(a) An owner or owner’s agent may seek a variance or extension of time or appeal a building code official’s decision by filing a petition with the building code official or other person designated by the board of appeals on a form provided by the municipality.

(b) The postmark date or the date of personal service will establish the filing date of the appeal and request for variance or extension of time.

(c) An appeal or request for variance or extension of time to a board of appeals will automatically suspend an action to enforce an order to correct until the matter is resolved. An action under § 403.84 (relating to unsafe building, structure or equipment) may not be stayed.

(d) A board of appeals shall decide an appeal, variance request or request for extension of time by reviewing documents and written brief or argument unless the owner or owner’s agent requests a hearing.

(e) A board of appeals shall hold a hearing within 60 days from the date of an applicant’s request unless the applicant agreed in writing to an extension of time. A board of appeals shall convene a hearing within 30 days of receipt of an appeal or request for variance or extension of time involving the construction of a one- or two-family residential building.

(f) A board of appeals shall only consider the following factors when deciding an appeal under section 501(c)(2) of the act:

(1) The true intent of the act or Uniform Construction Code was incorrectly interpreted.

(2) The provisions of the act do not apply.

(3) An equivalent form of construction is to be used.

(g) A board of appeals may consider the following factors when ruling upon a request for extension of time or the request for variance:

(1) The reasonableness of the Uniform Construction Code’s application in a particular case.

(2) The extent to which the granting of a variance or an extension of time will pose a violation of the Uniform Construction Code or an unsafe condition.

(3) The availability of professional or technical personnel needed to come into compliance.

(4) The availability of materials and equipment needed to come into compliance.

(5) The efforts being made to come into compliance as quickly as possible.

(6) Compensatory features that will provide an equivalent degree of protection to the Uniform Construction Code.

(h) If the owner or owner’s agent requests a hearing, the board of appeals shall schedule a hearing and notify the owner or owner’s agent and building code official of the date, time and place of the hearing.

(i) The board of appeals may:

(1) Deny the request in whole or in part.

(2) Grant the request in whole or in part.

(3) Grant the request upon certain conditions being satisfied.

(j) The board of appeals shall provide a written notice of its decision to the owner and to the building code official. A board of appeals shall render a written decision regarding an appeal or request for variance or extension of time involving the construction of a one- or two-family residential building within 5 business days, or within 10 business days in cities of the first class, of the latest hearing. The appeal shall be deemed granted if a board of appeals fails to act within this time period.

(k) An owner shall file an appeal, request for variances and request for extension of time relating to accessibility with the Accessibility Advisory Board under § 403.142 (relating to Accessibility Advisory Board).

The provisions of this § 403.122 amended December 24, 2009, effective December 31, 2009, 39 Pa.B. 7196. Immediately preceding text appears at serial pages (323823) to (323825).

This section cited in 34 Pa. Code § 401.1 (relating to definitions); 34 Pa. Code § 403.43 (relating to grant, denial and effects of permits); 34 Pa. Code § 403.46 (relating to certificate of occupancy); 34 Pa. Code § 403.63 (relating to grant, denial and effect of permits); 34 Pa. Code § 403.65 (relating to certificate of occupancy); and 34 Pa. Code § 403.141 (relating to enforcement by the Department).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.141 Enforcement by the Department.

(a) The Department will conduct plan and specification review and inspections for all State-owned buildings under section 105(b) of the act (35 P.S. § 7210.105(b)). The Department will notify municipalities of all inspections of State-owned buildings and provide municipalities the opportunity to observe inspection of the buildings.

(b) The Department will retain jurisdiction over the provisions of Chapter 11 (Accessibility), and any other accessibility requirements contained in or referenced by the Uniform Construction Code, until a municipality administering and enforcing the Uniform Construction Code obtains the services of a code administrator certified as an accessibility specialist.

(c) The Department will enforce the Uniform Construction Code for all buildings and structures except for residential buildings and utility and miscellaneous use structures in municipalities that have not adopted an ordinance to enforce the act under section 501(a)(1) of the act (35 P.S. § 7210.501(a)(1)).

(d) The Industrial Board will decide petitions for variances and extensions of time and appeals of Department decisions under the Uniform Construction Code. The Industrial Board will hold the first hearing on a petition within 45 days of receipt of the petition.

(e) An owner or owner’s agent may file a petition for variance or extension of time or an appeal with the Industrial Board under § 403.122 (relating to appeals, variances and extensions of time). An owner or owner’s agent may file an appeal concerning technical infeasibility under Chapter 11 (Accessibility) of the Uniform Construction Code and other accessibility requirements contained in or referenced by the Uniform Construction Code with the Accessibility Advisory Board under § 403.142 (relating to Accessibility Advisory Board).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 403.142 Accessibility Advisory Board

(a) The Secretary has the exclusive power to grant modifications and extensions of time and decide issues of technical infeasibility under Chapter 11 (Accessibility) of the Uniform Construction Code and other accessibility requirements contained in or referenced by the Uniform Construction Code for individual projects under section 301(a)(3) of the act (35 P.S. § 7210.301(a)(3)).

(b) The Accessibility Advisory Board is created with the following powers and duties under section 106 of the act (35 P.S. § 7210.106):

(1) Review all proposed regulations under the act and offer comment and advice to the Secretary on all issues related to accessibility by persons with physical disabilities and enforcement of accessibility requirements.

(2) Review all applications for modifications or variances of Chapter 11 (Accessibility) of the Uniform Construction Code and any other accessibility requirements contained in or referenced by the Uniform Construction Code. The Accessibility Advisory Board will advise the Secretary whether modification or variance should be granted or whether compliance is technically feasible.

(3) Hear appeals from decisions of building code officials and recommend modifications, variances or extensions of time. An appeal of a decision of a building code official shall be based on a claim that the true intent of the act or the Uniform Construction Code was incorrectly interpreted, the act does not apply or an equivalent form of construction is to be used.

(c) The Accessibility Advisory Board will schedule meetings and provide public notice of meetings in accordance with 65 Pa.C.S. § § 701—716 (relating to the Sunshine Act).

(d) The Accessibility Advisory Board will hear requests for variances or modification, requests for extensions of time and appeals in accordance with the following procedure:

(1) An owner or owner’s agent shall file an appeal with the Accessibility Advisory Board on a Department-provided form.

(2) The postmark date or the date of personal service will establish the filing date of the appeal.

(3) An appeal to the Accessibility Advisory Board will automatically suspend an action to enforce an order to correct except where there is an unsafe building, structure or equipment under § 403.84 (relating to unsafe building, structure or equipment).

(4) The Accessibility Advisory Board will make recommendations based upon documents and written brief unless the owner requests a hearing.

(5) If the owner or owner’s agent requests a hearing, the Accessibility Advisory Board will schedule a hearing and will provide written notification to the owner or owner’s agent and the building code official of the date, time and place of the hearing. The notification will be made no less than 5 days prior to the hearing unless the owner waives this period.

(6) The Accessibility Advisory Board may consider the following factors when a request for an extension of time or a variance or other appropriate relief is reviewed:

(i) The reasonableness of the regulations or Uniform Construction Code as applied in the specific case.

(ii) The extent to which an extension of time or a variance will subject occupants of the building or structure to conditions which do not comply with the Uniform Construction Code.

(iii) The availability of professional or technical personnel needed to comply with the Uniform Construction Code.

(iv) The availability of materials and equipment needed to comply with the Uniform Construction Code.

(v) The efforts made to safeguard occupants.

(vi) The efforts made to comply with the Uniform Construction Code.

(vii) Compensatory features that will provide an equivalent degree of compliance with the intent of the Uniform Construction Code.

(7) The Accessibility Advisory Board will recommend that the Secretary take one of the following actions:

(i) Deny the request in whole or in part.

(ii) Grant the request in whole or in part.

(iii) Grant the request upon certain conditions being satisfied.

(iv) Grant other appropriate relief.

(8) The Secretary will make a final decision on the request and will issue written notice of the decision to the owner or the owner’s agent and the building code official.

(e) An individual, partnership, agency, association or corporation who reasonably believes there is a violation of the accessibility provisions of the act or the Uniform Construction Code by a governmental entity or private owner may file a complaint with the body responsible for enforcement of the Uniform Construction Code under section 501(f) of the act (35 P.S. § 7210.501(f)).

This section cited in 34 Pa. Code § 401.1 (relating to definitions); 34 Pa. Code § 403.43 (relating to grant, denial and effects of permits); 34 Pa. Code § 403.122 (relatiing to appeals, variances and extensions of time); and 34 Pa. Code § 403.141 (relating to enforcement by the Department).

History

Authority: The provisions of this Chapter 403 issued under sections 105(c), 301 and 304 of the Pennsylvania Construction Code (35 P.
Source: The provisions of this Chapter 403 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

Chapter 405 Elevators and Other Lifting Devices

34 Pa. Code § 405.1 Scope.

(a) Application of chapter. This chapter constitutes the Uniform Construction Code technical requirements for elevators and other lifting devices. This chapter applies to the construction, alteration, addition, repair, movement, equipment, removal, maintenance, use and change in use of every elevator and lifting device after April 9, 2004.

(b) Exceptions. The Uniform Construction Code does not apply to:

(1) New elevators and lifting devices or renovations to existing elevators and lifting devices for which a permit application was made to the Department before April 9, 2004.

(2) New elevators and lifting devices or renovations to existing elevators and lifting devices for which a contract for design or construction was signed before April 9, 2004.

(3) Elevators and lifting devices solely in residential buildings used by the occupants of a dwelling unit except where the lifting device is used or accessible by the occupants of more than 1 dwelling unit.

(1) A permit issued under valid regulations before December 20, 2026, remains valid and the construction of the elevator or lifting device may be completed in accordance with the approved permit if construction commences by December 20, 2028.

(2) If construction of the elevator or lifting device has not commenced within the time period allowed under paragraph (1), the permit becomes rescinded. The permit holder shall acquire a new permit under section 304(c)(2) of the act (35 P.S. § 7210.304(c)(2)) before construction.

(3) An elevator or lifting device that was issued a certificate of operation by the Department before December 20, 2026, may remain in use if the owner maintains the elevator or lifting device in accordance with a previous Department permit or approval, the owner complied with the regulations in effect when the certificate of operation was issued and the owner complies with the applicable requirements of § § 405.3 and 405.7—405.9.

The provisions of this § 405.1 amended under section 105(c)(2) of the Pennsylvania Construction Code Act (35 P.S. § 7210.105(c)(2)); and section 2214.1(f)(1) and (2) of The Administrative Code of 1929 (71 P.S. § 574.1(f)(1) and (2)).

The provisions of this § 405.1 amended June 19, 2026, effective December 20, 2026, 56 Pa.B. 3606. Immediately preceding text appears at serial page (351244).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.2 Standards.

(a) {Reserved}.

(a.1) The following standards are adopted, with modifications listed herein, as part of the Uniform Construction Code and apply to the listed type of elevator or other lifting device, except for those devices covered by subsection (a.5) regarding devices for which permit application was submitted before December 20, 2026. Other authorities referenced in the standards are adopted if not excluded in subsections (a.2), (a.3) or (a.4).

(1) ‘‘ASME A17.1-2016’’

(i) Part 1 (General).

(A) Modification to Preface. The Application of Requirements to New Technology paragraph of the Preface of ASME A17.1-2016 is replaced with the following:

With the advent of new technologies, materials and processes in the mechanical, structural, electronic and optic fields, and the analytical capabilities now available, the need for flexibility to introduce products into the marketplace using these technical developments is desirable. Previous editions of ASME A17.1 had longstanding provisions in Section 1.2, that suggested that Authorities Having Jurisdiction should recognize safety equivalent to that required by the Codes. This edition of ASME A17.1/CSA B44 recognizes ASME A17.7/CSA B44.7 is equivalent to compliance with the requirements in ASME A17.1/CSA B44. Use and acceptance of ASME A17.7/CSA B44 requires the approval of the Department and the Elevator Safety Board, which may be obtained by seeking a variance under the procedure set forth in § 405.13 (relating to appeals, variances and extensions of time).

(B) Modification to 1.2.1(b) (Purpose). Section 1.2.1(b) is replaced with the following:

(b) Conformance with some of the requirements in ASME A17.1/CSA B44 and, for systems, subsystems, components or functions that do not conform with certain requirements in ASME A17.1/CSA B44, conformance to the requirements of the Department and Elevator Safety Board; or

(c) Conformance with the requirements in ASME A17.1/CSA B44.7 and conformance to the requirements of the Department and Elevator Safety Board.

(D) Modification to 1.2.2.1 (Exceptions to ASME 17.1). Section 1.2.2.1 is replaced with the following:

1.2.2.1 The specific requirements of this Code shall be permitted to be modified by the Department and the Elevator Safety Board based upon technical documentation or physical performance verification to allow alternative arrangements that will assure safety equivalent to that which would be provided by conformance to the corresponding requirements of this Code.

(ii) Part 2 (Electric elevators).

(A) Modification to 2.7.6.3.2(f) (Accessible to General Public (AGP) signage). Section 2.7.6.3.2(f) is modified to add the following requirement at the end of this section:

The posting of AGP signage shall also be required on the outside of the controller. The signage shall meet the requirements of 2.7.6.3.2(e) and 2.7.6.3.2(f).

(B) Modification to 2.12.7.2 (Hoistway Access Switches). Section 2.12.7.2 is modified to read as follows:

2.12.7.2. Location and Design. Hoistway access switches shall conform to all specifications listed in 2.12.7.2.1 through 2.12.7.2.5, except that standards 2.12.7.2.1(c) and 2.12.7.2.2 (regarding placement of hoistway access switches) are not adopted. Placement or installation of a hoistway access switch on the sight guard is not permitted.

(C) Modification to 2.12.7.3.3(c) (Hoistway access switch operation). Section 2.12.7.3.3(c) is replaced with the following:

(c) If the lowest landing is the normal means of access to the pit, the hoistway access switch shall enable the car to move in the up direction to a point between 2,130 mm (84 in.) and 2,450 mm (96 in.) from the floor level to the bottom of the platform guard. Movement of less than 1,230 mm (84 in.) in the up direction is prohibited.

In no case shall the movement of the car initiated and maintained by the hoistway key access switch at the lowest landing, if this landing is the normal means of access to the pit, be limited in the up direction to the point where the bottom of the platform guard is even with the hoistway entrance header.

(iii) Part 3 (Hydraulic elevators).

(A) Modification to 3.4.1.5 (Bottom Car Clearance). Section 3.4.1.5 is replaced with the following:

3.4.1.5. When the car is resting on its fully compressed buffers or bumpers, no equipment traveling with the car, including a plunger-follower guide, if provided, shall strike any part of the pit or any equipment mounted therein. Additionally, when a minimum of 600 mm (24 in.) of vertical clearance is not maintained between equipment mounted in the elevator pit and the underside of the elevator car, a permanently installed mechanical device must be installed that does the following:

(a) Permits the engagement of the mechanical stop device prior to entering the hoistway or pit.

(b) Provides a positive engagement and disengagement position that will prevent unintentional engagement or disengagement.

(d) Prevents the normal operation of the elevator when not properly disengaged.

(e) Is capable of supporting the elevator car with rated load.

(f) Provides a minimum of 600 mm (24 in.) vertical clearance between any structural or mechanical part, equipment or device installed beneath the car platform, including plunger-follower guide, if provided.

(iv) Part 4 (Elevators with other types of driving machines).

(v) Part 5 (Special application elevators).

(A) Modification to 5.10 (Elevators used for construction). The following requirements are added to the end of section 5.10 of the standard:

5.10.3.1 Elevators temporarily used for construction or demolition shall be operated by a trained and experienced elevator operator that will be responsible for the safe operation of the construction or demolition elevator. Prior to each day’s use of the construction or demolition elevator, the trained and experienced elevator operator shall perform all of the following actions to ensure safe operation of the elevator:

(a) Safety and function test of all operator controls.

(b) Safety and function test of all landing and shaftway protection and mechanical or electrical interlock functions, or both.

(d) Secure all platform/car openings prior to use.

(e) Maintain written documentation in the construction or demolition elevator machine room of completion of (a)—(d), any findings of deficiency and the corrective action taken to mitigate any deficiency. This documentation shall reflect the date and time of inspection, and the name of the trained and experienced elevator operator performing the tasks in (a)—(d).

5.10.3.2 The trained and experienced elevator operator shall be responsible for all of the following:

(a) Secure the construction or demolition elevator against unauthorized access or use.

(b) Remove the construction or demolition elevator from service for a safety deficiency.

(c) Immediately report an imminent danger or safety violation that prevents the continued safe operation of the elevator to the Elevator Division of the Department.

(d) Ensure that at no time the construction or demolition elevator is loaded in excess of its rated and posted lifting capacity.

5.10.3.3 Elevators used for construction or demolition shall be maintained, inspected and operated by elevator personnel that have been trained in the construction, maintenance, repair, inspection or testing of elevator equipment in compliance with ASME A17.1.

5.10.3.4 The inspection shall ensure the proper placement or operation, or both, of all of the following:

(a) Hoistway protection.

(b) Safety devices in place to mitigate improper operation or unintended movement of the elevator.

(d) Platform and car protection.

5.10.3.5 Elevator personnel responsible for the operation of an elevator used for construction or demolition shall do the following:

(a) Secure the elevator from unauthorized use.

(b) Remove the elevator from service as a result of an unacceptable daily inspection result.

5.10.3.6 The elevator operator shall be responsible for removing an elevator used for construction or demolition from service in the event of injury or accident, equipment failure or damage.

5.10.3.7 The elevator operator shall report an unsafe condition to the Department if the condition cannot be immediately corrected.

(B) Modification to 5.12.1 (Standards for outside emergency elevators). The following requirement is added to the end of section 5.12.1 of the standard:

5.12.1.5 The design, testing and inspection requirements of an outside emergency elevator shall be approved by the Department and the Elevator Safety Board prior to installation.

(C) Modification to 5.12.2 (Performing risk assessments of outside emergency elevators). The following requirement is added to the end of section 5.12.2 of the standard:

The results of the Risk Assessment shall be provided to the Department and the Elevator Safety Board for the consideration of approving the installation of an outside emergency elevator.

(D) Modification to 5.12.3 (Operating instructions for outside emergency elevators). Section 5.12.3 is replaced with the following:

5.12.3 Operating Instructions. Comprehensive operating instructions including all pertinent warnings shall be provided:

(a) To the fire department or fire service having jurisdiction.

(b) With the Maintenance Control Program. See 8.6.2.1.

(vi) Part 6 (Escalators and moving walks).

(A) Modification to 6.1.6.3.6 (Escalator skirt obstruction device). Section 6.1.6.3.6 is replaced with the following:

6.1.6.3.6 Escalator Skirt Obstruction Device. Means shall be provided to cause the electric power to be removed from the escalator driving-machine motor and brake if an object becomes caught between the step and the skirt as the step approaches the upper and lower combplate. The device shall be located at a point at which the step assumes a flat position (see 6.1.3.6.5). The escalator shall stop before that object reaches the combplate with any load up to full brake rated load with escalator running. The device shall be of the manual-reset type.

(B) Modification to 6.1.6.3.9 (Upthrust device). Section 6.1.6.3.9 is replaced with the following:

6.1.6.3.9 Step Upthrust Device. Means shall be provided in the passenger-carrying line of the track system to detect a step forced upward in the lower transition curve at or prior to the point of tangency of the horizontal and curved track. The means shall actuate when the riser end of the step is displaced upward more than 5 mm (0.20 in.) at the lower ending. Actuation of the means shall cause power to be removed from the driving-machine motor and brake. The escalator shall stop before the detected step reaches the combplate with any load up to brake-rated load with escalator running. The device shall be of the manual-reset type.

6.1.6.3.12 Handrail Entry Device. For those units that rely on an opening on the balustrade to prevent entrapment, all handrail entry devices shall be operative whenever the handrails are operating. The device shall be of the manual-reset type.

(D) Modification of 6.1.6.4 (Handrail speed-monitoring device). Section 6.1.6.4 is replaced with the following:

6.1.6.4 Handrail Speed-Monitoring Device. A handrail speed-monitoring device shall be provided that will cause the activation of the alarm required by 6.1.6.3.1(b) without any intentional delay whenever the speed of either handrail deviates from the step speed by 15% or more. The device shall also cause electric power to be removed from the driving-machine motor and brake when the speed deviation of 15% or more is continuous within a 2 second to 6 second range. The device shall be of the manual-reset type.

(E) Replacement of 6.2.6.3.10 (Handrail entry device). Section 6.2.6.3.10 is replaced with the following:

6.2.6.3.10 Handrail Entry Device. For those units that rely on an opening of the balustrade to prevent entrapment, all handrail entry devices shall be operative whenever the handrails are operating. The device shall be of the manual-reset type.

(F) Modification of 6.2.6.4 (Handrail speed-monitoring devices). Section 6.2.6.4 is replaced with the following:

6.2.6.4 Handrail Speed-Monitoring Device. A handrail speed-monitoring device shall be provided that will cause the activation of the alarm required by 6.2.6.3.1(b) without any intentional delay whenever the speed of either handrail deviates from the step speed by 15% or more. The device shall also cause electric power to be removed from the driving-machine motor and brake when the speed deviation of 15% or more is continuous within a 2 second to 6 second range. The device shall be of the manual-reset type.

(vii) Part 7 (Dumbwaiters and material lifts).

(viii) Part 8 (General requirements).

(A) Modification to 8.6.1.3 (Elevator personnel responsibility (defective parts)). The following requirements are added to the end of section 8.6.1.3 of the standard:

Where a defective part affecting the safety of the operation is identified, the equipment shall be taken out of service until the defective part has been adjusted, repaired or replaced.

The maintenance personnel, elevator technician, mechanic or service person that identifies a defective part directly affecting the safety of the operation of the elevator or lifting device shall be required to notify the Department of the condition and verify that the elevator has been taken out of service and that necessary actions have been taken to mitigate any immediate hazard to the building or structure occupants while the defective part is being adjusted, repaired or replaced.

(B) Modification to 8.6.4.20.1(b) (Alternative Test Methods Care Safe-ties). Section 8.6.4.20.1(b) is replaced with the following:

(b) Alternative Test Method for Car Safeties. The alternative test methods shall comply with 8.6.11.10 and all of the following:

(1) The testing of safeties with rated load in the car, centered on each quarter of the platform symmetrically with relation to the centerlines of the platform and at not less than rated speed shall be permitted provided that:

(-a) When the alternative test is performed, the test shall stop the car and verify that the safeties will be capable of stopping an overspeeding car in accordance with the requirements of section 2.17 applicable to the specific classification of safeties.

(-b) When applied, the method shall verify that the safeties perform or are capable of performing in compliance with 8.6.4.20.1(a) and the platform shall not be out of level more than 30 mm/m (0.36 in./ft.) in any direction.

(2) A test tag as required in 8.6.1.7.2 shall be provided.

(C) Modification to 8.6.4.20.4(b)(1) (Alternative Test Method for Driving-Machine Brakes). Section 8.6.4.20.4(b)(1) is replaced with the following:

(1) Any method of verifying conformity of the drive-machine brake with the applicable Code requirements (see 2.24.8.3 and Table 8.6.4.20.4) shall be permitted, including the testing method of the brakes with rated load or 125% rated load as required in Table 8.6.4.20.4 Brake Test Loads, placed in the car, provided that when applied the method verifies that the brake performs or is capable of performing in compliance with 8.6.4.20.4(a).

(D) Modification to 8.6.11.10.1 (Category 5 Tests without Load via Alternative Test Methodologies). Section 8.6.11.10.1(a)—(d) are replaced with the following:

(a) Car and counterweight safeties per 8.6.4.20.1 shall be tested with test weights. Alternative test methods are not permitted.

(b) Oil buffers per 8.6.4.20.3 shall be tested with test weights. Alternative test methods are not permitted.

(d) Braking systems, traction and traction limits per 8.6.4.20.10 shall be tested with test weights. Alternative test methods are not permitted.

(ix) Part 9 (Standard codes and specifications).

(2) ‘‘ASME B20.1-2018’’ for vertical and inclined reciprocating conveyors without automatic transfer devices.

(3) ‘‘ASME A90.1-2015’’ for belt man-lifts.

(4) ‘‘ANSI B77.1-2022’’ for passenger ropeways, aerial tramways, aerial lifts, surface lifts, tows and conveyors.

(5) ‘‘ASME A18.1-2017’’ for vertical and inclined wheelchair lifts and stairway lifts.

(6) Electric wiring and apparatus shall comply with the ‘‘ICC Electrical Code.’’

(7) ‘‘ASME A17.8-2016’’ for wind turbine tower elevators.

(a.2) The following sections of ‘‘ASME A17.1-2016’’ are not adopted as the Uniform Construction Code:

(1) Section 5.3 (Private residence elevators).

(2) Section 5.4 (Private residence inclined elevators).

(3) Section 5.8 (Shipboard elevators).

(4) Section 5.9 (Mine elevators).

(5) Section 7.7 (Automatic transfer devices).

(6) Section 7.8 (Power dumbwaiter with automatic transfer devices).

(7) Section 7.9 (Electric material lifts with automatic transfer devices).

(8) Section 7.10 (Hydraulic material lifts with automatic transfer devices).

(9) Section 8.6.7.3 (Private residence elevator).

(10) Section 8.6.7.4 (Private residence inclined elevators).

(11) Section 8.6.7.8 (Shipboard elevators).

(12) Section 8.6.7.9 (Mine elevators).

(13) Section 8.6.10.2 (Material lifts and dumbwaiters with automatic transfer devices).

(14) Section 8.7.5.3 (Private residence elevators).

(15) Section 8.7.5.4 (Private residence inclined elevators).

(16) Section 8.7.5.8 (Shipboard elevators).

(17) Section 8.7.5.9 (Mine elevators).

(18) Section 8.7.7.3 (Material lifts and dumbwaiters with automatic transfer devices).

(19) Section 8.10.5.2 (Private residence elevators and lifts).

(20) Section 8.10.5.5 (Material lifts and dumbwaiters with automatic transfer devices).

(21) Section 8.10.5.8 (Shipboard elevators).

(22) Section 8.10.5.16 (Mine elevators).

(23) Section 8.11.5.2 (Private residence elevators and lifts).

(24) Section 8.11.5.5 (Material lifts and dumbwaiters with automatic transfer devices).

(25) Section 8.11.5.8 (Shipboard elevators).

(a.3) The following portions of ‘‘ASME B20.1-2018’’ are not adopted as the Uniform Construction Code:

(1) Section 3 (Intent).

(2) Section 5.14 (Hoppers and chutes).

(3) Section 6.1 (Belt conveyors—fixed in place).

(4) Section 6.2 (Bucket conveyors).

(5) Section 6.3 (Chain conveyors).

(6) Section 6.4 (En masse conveyors).

(7) Section 6.5 (Flight and apron conveyors—bulk material).

(8) Section 6.7 (Live roller conveyors—belt or chain driven).

(9) Section 6.8 (Mobile conveyors).

(10) Section 6.9 (Portable conveyors, extendible belt conveyors and car unloaders).

(11) Section 6.10 (Pusher bar conveyors).

(12) Section 6.11 (Roller and wheel conveyors).

(13) Section 6.12 (Screw conveyors).

(14) Section 6.13 (Shuttle conveyors, belt trippers and transfer cars).

(15) Section 6.14 (Skip hoists—bulk materials).

(16) Section 6.15 (Slat conveyors and roller slat conveyors).

(17) Section 6.16 (Suspended vertical tray conveyors).

(18) Section 6.17 (Tow conveyors—in the floor).

(19) Section 6.18 (Trolley conveyors and power and free conveyors).

(20) Section 6.19 (Vertical articulated conveyors).

(21) Section 6.20 (Vertical chain opposed shelf type conveyors).

(a.4) The following portions of ‘‘ASME A18.1-2017’’ are not adopted as the Uniform Construction Code:

(1) Part V (Private residence vertical platform lifts).

(2) Part VI (Private residence inclined platform lifts).

(3) Part VII (Private residence incline stairway chairlifts).

(a.5) The following standards apply to the listed type of elevator or lifting device if a permit application was made to the Department before December 20, 2026. Other authorities referenced in the standards were adopted if the authority was not excluded in subsections (b), (c) or (d).

(1) ‘‘ASME A17.1-2000’’ with ‘‘A17.1a-2002’’ addenda:

(i) Part 1 (General).

(ii) Part 2 (Electric elevators).

(iii) Part 3 (Hydraulic elevators).

(iv) Part 4 (Elevators with other types of driving machines).

(v) Part 5 (Special application elevators).

(vi) Part 6 (Escalators and moving walks).

(vii) Part 7 (Dumbwaiters and material lifts).

(viii) Part 8 (General requirements).

(ix) Part 9 (Standard codes and specifications).

(2) ‘‘ASME B20.1-2000’’ for vertical and inclined reciprocating conveyors without automatic transfer devices.

(3) ‘‘ASME A90.1-1997’’ including ‘‘A90.1a-1999’’ and ‘‘A90.1b-2001’’ addenda for belt man-lifts.

(4) ‘‘ANSI B77.1-2017’’ for passenger ropeways, aerial tramways, aerial lifts, surface lifts, tows and conveyors.

(5) ‘‘ASME A18.1-1999’’ including ‘‘A.18.1a-2001’’ addenda for vertical and inclined wheelchair lifts and stairway lifts. Testing under sections 10.3.2 and 10.3.3 shall comply with § 405.8 (relating to periodic testing).

(6) Electric wiring and apparatus shall comply with the ‘‘ICC Electrical Code.’’

(b) The following sections of ‘‘ASME A17.1-2000’’ with ‘‘A17.1b-2002’’ addenda were not adopted as the Uniform Construction Code:

(1) Section 5.3 (Private residence elevators).

(2) Section 5.4 (Private residence inclined elevators).

(3) Section 5.8 (Shipboard elevators).

(4) Section 5.9 (Mine elevators).

(5) Section 7.7 (Automatic transfer devices).

(6) Section 7.8 (Power dumbwaiter with automatic transfer devices).

(7) Section 7.9 (Electric material lifts with automatic transfer devices).

(8) Section 7.10 (Hydraulic material lifts with automatic transfer devices).

(9) Section 7.11 (Material lifts with obscured transfer devices).

(10) Section 8.6.7.3 (Private residence elevator).

(11) Section 8.6.7.4 (Private residence inclined elevators).

(12) Section 8.6.7.8 (Shipboard elevators).

(13) Section 8.6.7.9 (Mine elevators).

(14) Section 8.6.9.2 (Material lifts and dumbwaiters with automatic transfer devices).

(15) Section 8.7.5.3 (Private residence elevators).

(16) Section 8.7.5.4 (Private residence inclined elevators).

(17) Section 8.7.5.8 (Shipboard elevators).

(18) Section 8.7.5.9 (Mine elevators).

(19) Section 8.7.7.3 (Material lifts and dumbwaiters with automatic transfer devices).

(20) Section 8.10.5.2 (Private residence elevators and lifts).

(21) Section 8.10.5.5 (Material lifts and dumbwaiters with automatic transfer devices).

(22) Section 8.10.5.8 (Shipboard elevators).

(23) Section 8.11.5.2 (Private residence elevators and lifts).

(24) Section 8.11.5.5 (Material lifts and dumbwaiters with automatic transfer devices).

(25) Section 8.11.5.8 (Shipboard elevators).

(1) Section 3 (Intent).

(2) Section 5.14 (Hoppers and chutes).

(3) Section 6.1 (Belt conveyors—fixed in place).

(4) Section 6.2 (Bucket conveyors).

(5) Section 6.3 (Chain conveyors).

(6) Section 6.4 (En masse conveyors).

(7) Section 6.5 (Flight and apron conveyors—bulk material).

(8) Section 6.7 (Live roller conveyors—belt or chain driven).

(9) Section 6.8 (Mobile conveyors).

(10) Section 6.9 (Portable conveyors, extendible belt conveyors and car unloaders).

(11) Section 6.10 (Pusher bar conveyors).

(12) Section 6.11 (Roller and wheel conveyors).

(13) Section 6.12 (Screw conveyors).

(14) Section 6.13 (Shuttle conveyors, belt trippers and transfer cars).

(15) Section 6.14 (Skip hoists—bulk materials).

(16) Section 6.15 (Slat conveyors and roller slat conveyors).

(17) Section 6.16 (Suspended vertical tray conveyors).

(18) Section 6.17 (Tow conveyors—in the floor).

(19) Section 6.18 (Trolley conveyors and power and free conveyors).

(20) Section 6.19 (Vertical articulated conveyors).

(21) Section 6.20 (Vertical chain opposed shelf type conveyors).

(d) The following portions of ‘‘ASME A18.1-1999’’ with ‘‘A18.1a-2001’’ addenda were not adopted as the Uniform Construction Code:

(1) Part V (Private residence vertical platform lifts).

(2) Part VI (Private residence inclined platform lifts).

(3) Part VII (Private residence incline stairway chairlifts).

(e) This chapter applies when there is a conflict with a code or standard related to elevators or lifting devices.

The provisions of this § 405.2 amended under sections 105(c)(2), 301, 302 and 304 of the Pennsylvania Construction Code Act (35 P.S. § § 7210.105(c)(2), 7210.301, 7210.302 and 7210.304); and section 2214.1(f)(1) and (2) of The Administrative Code of 1929 (71 P.S. § 574.1(f)(1) and (2)).

The provisions of this § 405.2 amended December 15, 2006, effective December 31, 2006, 36 Pa.B. 7548; amended May 6, 2016, effective May 7, 2016, 46 Pa.B. 2315; amended June 14, 2019, effective June 15, 2019, 49 Pa.B. 3077; amended June 19, 2026, effective December 20, 2026, 56 Pa.B. 3606. Immediately preceding text appears at serial pages (351244) and (396713) to (396715).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.3 Permit application.

(a) An owner of an elevator or lifting device or an authorized agent shall apply to the Department for a permit before the construction, alteration, replacement or repair of an elevator or lifting device.

(b) An owner or owner’s agent shall submit three copies of a permit application and supporting documents to the Department for review. The application and supporting construction documents shall be submitted in Department-approved media and clearly detail the location, nature and extent of the proposed construction and its compliance with the Uniform Construction Code.

(c) The Department may suspend or revoke a permit when the permit was issued erroneously, on inaccurate, incorrect or incomplete information or issued in violation of the Uniform Construction Code. The Department may charge an applicant a new application and inspection fee when a previous permit was suspended or revoked based upon inaccurate, incomplete or incorrect information provided by the permit applicant.

(d) A permit becomes invalid unless construction work is commenced within 180 days after its issuance or if the work is suspended or abandoned for a period of 180 days after it is commenced. The Department may grant written extensions of time for periods of 180 days each. A permit remains valid for no more than 2 years.

(e) The Department will grant or deny a permit in whole or in part within 30 business days of the filing date of a complete application. The Department will provide written notification to the applicant for applications denied in whole or in part.

(f) The Department will place the written or stamped notation ‘‘Reviewed and Approved for Code Compliance’’ on the documents accompanying the permit application. The Department will keep two sets of the construction documents and send one set of construction documents to the permit applicant.

(g) An owner or owner’s agent may request a variance or appeal the code administrator’s decision to the Elevator Safety Board under § 405.13 (relating to appeals, variances and extensions of time) within 30 days of the date of the decision. The appeal shall be based on a claim that the true intent of the act or the Uniform Construction Code were incorrectly interpreted, the act does not fully apply or an equivalent form of construction is to be used.

(h) A permit is not valid until the Department collects the required fees, which are authorized by section 613-A of The Administrative Code of 1929 (71 P.S. § 240.13A), published in the Pennsylvania Bulletin and posted on the Department’s website.

The provisions of this § 405.3 amended under section 105(c)(2) of the Pennsylvania Construction Code Act (35 P.S. § 7210.105(c)(2)); and section 2214.1(f)(1) and (2) of The Administrative Code of 1929 (71 P.S. § 574.1(f)(1) and (2)).

The provisions of this § 405.3 amended June 19, 2026, effective December 20, 2026, 56 Pa.B. 3606. Immediately preceding text appears at serial page (396715).

This section cited in 34 Pa. Code § 405.1 (relating to scope).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.4 Approved designs, equipment and devices.

A platform, car, cabin or chair safety device may be installed after it receives a Department-issued certificate of acceptance. An applicant for a certificate of acceptance shall meet the following requirements:

(1) The manufacturer, designer or engineer of the platform, car, cabin or chair safety device shall submit the design to the Department.

(2) The Department will observe the operation and testing of the device for compliance with the Uniform Construction Code before the device is placed into service in this Commonwealth.

(3) The Department will issue a certificate of acceptance after it observes successful testing of the device.

The provisions of this § 405.4 amended under section 105(c)(2) of the Pennsylvania Construction Code (35 P.S. § 7210.105(c)(2)); and section 2214.1(f)(1) and (2) of The Administrative Code of 1929 (71 P.S. § 574.1(f)(1) and (2)).

The provisions of this § 405.4 amended June 19, 2026, effective December 20, 2026, 56 Pa.B. 3606. Immediately preceding text appears at serial page (396716).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.5 Acceptance inspection.

The Department will conduct an acceptance inspection to confirm compliance with the Uniform Construction Code before a new elevator or lifting device or an elevator or lifting device under repair, alteration or modification is put into service.

The provisions of this § 405.5 amended under section 105(c)(2) of the Pennsylvania Construction Code Act (35 P.S. § 7210.105(c)(2)); and section 2214.1(f)(1) and (2) of The Administrative Code of 1929 (71 P.S. § 574.1(f)(1) and (2)).

The provisions of this § 405.5 amended June 19, 2026, effective December 20, 2026, 56 Pa.B. 3606. Immediately preceding text appears at serial page (396716).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.6 Certificate of operation.

(a) An elevator or lifting device may not be operated unless the Department issues a certificate of operation for the designated classification of the elevator or other lifting device. The Department will issue a certificate of operation for the designated classification of the elevator or other lifting device if it passes inspection.

(b) A certificate of operation is valid for 24 months from the issue date for equipment that requires a 6-month periodic inspection under § 405.7 (relating to periodic inspections). A certificate of operation is valid for 48 months from the issue date for equipment requiring a 12-month periodic inspection cycle under § 405.7.

(c) A certificate of operation may remain valid for an additional 30 days after its expiration date if a periodic inspection is conducted within 30 days of the certificate’s expiration date. A certificate of operation is not valid until the Department collects the required fee under § 401.2 (relating to Department fees).

(d) The certificate of operation or a copy of the certificate of operation for equipment with a machine room shall be posted in the elevator car or other lifting device enclosure, or attached to the controller in the machine room. The certificate of operation for escalators, moving walks and other equipment without a machine room shall be made available to a construction code official during a periodic inspection.

The provisions of this § 405.6 amended under section 105(c)(2) of the Pennsylvania Construction Code Act (35 P.S. § 7210.105(c)(2)); and section 2214.1(f)(1) and (2) of The Administrative Code of 1929 (71 P.S. § 574.1(f)(1) and (2)).

The provisions of this § 405.6 amended June 19, 2026, effective December 20, 2026, 56 Pa.B. 3606. Immediately preceding text appears at serial page (396716).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.7 Periodic inspections.

(a) A construction code official of the Department or a third-party agency shall conduct periodic inspections and document compliance with the Uniform Construction Code at intervals that do not exceed 6 months for the following equipment:

(1) Electric elevator.

(2) Hydraulic elevator.

(3) Escalator.

(4) Belt man-lift.

(5) Lumber elevator.

(6) Moving walk.

(7) Orchestra elevator.

(8) Organ elevator.

(9) Limited use/limited application elevator.

(10) Special purpose personnel elevator.

(11) Stage elevator.

(12) Power sidewalk elevator.

(13) Elevators used for construction.

(14) Inclined elevator.

(15) Rooftop elevator.

(b) A construction code official shall perform periodic inspections of all other lifting devices at intervals that do not exceed 12 months. A construction code official shall inspect a lifting device that is used on a seasonal basis before the beginning of the season of operation.

(c) A construction code official who performed a periodic inspection shall complete an inspection report in a format acceptable to the Department, containing all of the following information:

(1) The inspection results.

(2) The day, month and year of the inspection.

(3) The beginning and conclusion times of the inspection.

(4) The construction code official’s certification number.

(5) The construction code official’s signature. An electronic signature may be used.

(d) A construction code official who performed a periodic inspection shall ensure that the following information is completed on the certificate of operation:

(1) The day, month and year of inspection.

(2) The construction code official’s certification number.

(3) The construction code official’s signature.

(e) A construction code official shall submit the results of routine inspections to the Department within 15 days of the inspection in a format acceptable to the Department.

(f) A construction code official shall notify the Department by electronic communication if a lifting device failed a periodic inspection within 1 business day from the inspection.

The provisions of this § 405.7 amended under section 105(c)(2) of the Pennsylvania Construction Code Act (35 P.S. § 7210.105(c)(2)); and section 2214.1(f)(1) and (2) of The Administrative Code of 1929 (71 P.S. § 574.1(f)(1) and (2)).

The provisions of this § 405.7 amended June 19, 2026, effective December 20, 2026, 56 Pa.B. 3606. Immediately preceding text appears at serial pages (323835) to (323836).

This section cited in 34 Pa. Code § 401.2 (relating to Department fees); 34 Pa. Code § 405.1 (relating to scope); and 34 Pa. Code § 405.6 (relatiing to certificate of operation).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.8 Periodic testing.

(a) Periodic testing under ‘‘ASME A17.1-2016’’ as referenced in Table N-1 is required to be performed at the intervals listed in Table N-1 for Category 1, Category 3 and Category 5 testing. A construction code official shall witness all of the testing.

(1) {Reserved}.

(2) {Reserved}.

(3) {Reserved}.

(4) {Reserved}.

(5) {Reserved}.

(6) {Reserved}.

(7) {Reserved}.

(a.1) Outside emergency elevators under section 8.11.5.15 shall be tested in accordance with the requirements approved by the Department and the Elevator Safety Board at the time of application approval.

(b) {Reserved}.

(1) Testing under section 10.3.1 shall be conducted at 1-year intervals and shall be witnessed by a construction code official certified as a UCC Elevator Inspector.

(2) Testing under section 10.3.2 shall be conducted at 3-year intervals and shall be witnessed by a construction code official certified as a UCC Elevator Inspector.

(3) Testing under section 10.3.3 shall be conducted at 5-year intervals and shall be witnessed by a construction code official certified as a UCC Elevator Inspector.

(d) A lumber elevator equipped with platform safety devices shall be tested with rated load at intervals that may not exceed 5 years.

(e) Stage, orchestra and organ lifts equipped with a platform safety device shall be tested with rated loads at intervals that may not exceed 5 years.

(f) Vertical reciprocating conveyers with a platform safety device shall be tested at intervals that do not exceed 5 years.

(g) A construction code official shall complete a test report after the official witnesses a periodic test in a format acceptable to the Department. The construction code official shall submit the report to the Department within 15 days of witnessing the tests. All of the following information is required in the report:

(1) The test results.

(2) The day, month and year of the test.

(3) The beginning and concluding times of the test.

(4) The construction code official’s signature. The construction code official may use an electronic signature.

(h) A metal tag shall be permanently attached on an elevator that successfully passes the test under this section in accordance with all of the following:

(1) The metal tag shall be furnished by the company that performed the testing.

(2) The metal tag shall be attached to the elevator safety-releasing carrier for safety tests or to the controller for all other tests.

(3) The tag shall contain all of the following:

(i) The day, month and year of the test.

(ii) The name of the company that performed the test.

(iii) The type of test performed.

The provisions of this § 405.8 amended under section 105(c)(2) of the Pennsylvania Construction Code (35 P.S. § 7210.105(c)(2)); and section 2214.1(f)(1) and (2) of The Administrative Code of 1929 (71 P.S. § 574.1(f)(1) and (2)).

The provisions of this § 405.8 amended June 19, 2026, effective December 20, 2026, 56 Pa.B. 3606. Immediately preceding text appears at serial pages (323836) to (323837).

This section cited in 34 Pa. Code § 401.2 (relating to Department fees); 34 Pa. Code § 405.1 (relating to scope); and 34 Pa. Code § 405.2 (relating to standards).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.9 Periodic dynamic testing.

(a) The following periodic dynamic testing shall be conducted under ‘‘ANSI B77.1-2022:’’

(1) Aerial tramways dynamic testing under section 2.3.4.4.

(2) Detachable grip aerial lifts dynamic testing under section 3.3.4.4.

(3) Fixed grip aerial lifts dynamic testing under section 4.3.4.4.

(b) A Department construction code official certified as a UCC Passenger Ropeway Inspector shall witness all periodic dynamic testing under this section.

(c) A Department construction code official certified as a UCC Passenger Ropeway Inspector shall complete and submit a test report to the Department within 15 days of witnessing a periodic dynamic test. The report shall be in a format acceptable to the Department and contain all of the following information:

(1) The test results.

(2) The day, month and year of test.

(3) The beginning and concluding times of test.

(4) The construction code official’s signature. The construction code official may use an electronic signature.

The provisions of this § 405.9 amended under section 105(c)(2) of the Pennsylvania Construction Code Act (35 P.S. § 7210.105(c)(2)); and section 2214.1(f)(1) and (2) of The Administrative Code of 1929 (71 P.S. § 574.1(f)(1) and (2)).

The provisions of this § 405.9 amended June 19, 2026, effective December 20, 2026, 56 Pa.B. 3606. Immediately preceding text appears at serial pages (323837) to (323838).

This section cited in 34 Pa. Code § 401.2 (relating to Department fees); and 34 Pa. Code § 405.1 (relating to scope).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.10 Major repairs, replacements and alterations.

(a) Repairs, replacement and alterations of elevators or other lifting devices shall comply with the following sections of ‘‘ASME A17.1-2016:’’

(1) Section 8.6.2 (Repairs).

(2) Section 8.6.3 (Replacements).

(3) Section 8.7 (Alterations).

(b) The requirements of subsection (a) apply to major repairs, replacements and alterations performed on other types of lifting devices that are not referenced in ‘‘ASME A17.1-2016.’’

(c) An elevator or lifting device shall be taken out of service when a major repair, replacement or alteration is performed upon it. The owner or owner’s agent shall provide written notification to the Department when the major repair, replacement or alteration is completed. The elevator or lifting device may not be returned to service until the Department conducts an inspection and passes the elevator or lifting device.

The provisions of this § 405.10 amended under section 105(c)(2) of the Pennsylvania Construction Code Act (35 P.S. § 7210.105(c)(2)); and section 2214.1(f)(1) and (2) of The Administrative Code of 1929 (71 P.S. § 574.1(f)(1) and (2)).

The provisions of this § 405.10 amended June 19, 2026, effective December 20, 2026, 56 Pa.B. 3606. Immediately preceding text appears at serial page (323838).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.11 Accident report.

(a) An owner of an elevator or lifting device or an authorized agent shall submit an accident report to the Department if the elevator or lifting device is involved in an accident resulting in any of the following:

(1) Fatal injury or the necessity for professional medical care to a person.

(2) Damage to the elevator or lifting device rendering it unsafe under § 403.84 (relating to unsafe building, structure or equipment).

(b) The owner or authorized representative shall submit the accident report on a Department-prescribed form, which must be received by the Department within 24 hours of the accident.

(d) An elevator or lifting device that was involved in a fatal accident may not return to operation until the Department provides approval.

(e) An elevator or lifting device involved in a nonfatal accident resulting from mechanical or electrical failure may not return to operation until the Department provides approval. This requirement does not apply to aerial passenger ropeways, aerial lifts, surface lifts, tows and conveyors that are within the scope of ‘‘ANSI B77.1 2022.’’

The provisions of this § 405.11 amended under sections 105(c)(2) and 301 of the Pennsylvania Construction Code Act (35 P.S. § § 7210.105(c)(2) and 7210.301); and section 2214.1(f)(1) and (2) of The Administrative Code of 1929 (71 P.S. § 574.1(f)(1) and (2)).

The provisions of this § 405.11 amended December 15, 2006, effective December 31, 2006, 36 Pa.B. 7548; amended June 19, 2026, effective December 20, 2026, 56 Pa.B. 3606. Immediately preceding text appears at serial pages (323838) to (323839).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.12 Lumber elevators.

(a) A lumber elevator is a platform that is used to raise or lower stacked lumber under the requirements of this section. An individual may not ride a lumber elevator.

(b) The shaftway is enclosed on all sides that are not used for loading or unloading with flush partitions that are at least 6 feet high. Movable bars or railings are required to protect all points of loading and unloading, unless gates are provided. Flaring is at an angle of at least 75° from the horizontal and shall protect all shearing points in the shaftway excluding each loading and unloading landing.

(c) Gates are required to protect all points of loading and unloading when the platform’s vertical travel exceeds 6 feet or when there are two or more landings. The following types of automatic and semiautomatic gates may be used:

(1) Semiautomatic vertical-rising gates.

(2) Fully automatic vertical-rising gates only at terminal landings.

(3) Manually operated swinging or horizontal gates with locking devices and electric brakes.

(4) Department-approved, power-operated horizontal gates.

(d) A locking device shall comply with the following requirements:

(1) An automatic locking device shall be placed on, or attached to a manually operated gate. The locking device shall prevent the normal operation of the platform when the gate is open and unsecured. The locking device shall prevent the opening of the gate when the car is away from the landing.

(2) A shield shall be installed on openwork gates and shall be of sufficient size to prevent access to the lock from the outside of the shaftway.

(e) The shaftway shall have a pit with a depth of at least 2 feet from the lowest point of the underside of the platform framing to the pit floor or highest projection when the platform is at its lowest limit of travel. Toe guards, guide shoes or rollers attached to the platform and buffers or bumpers may extend into this space.

(f) Substantial guides of either wood or steel are required for installation on lumber elevators.

(g) Lifting capacity shall equal a live load of at least 50 pounds per square foot of platform floor area. The gross weight of the movable platform shall include railings, aprons, wirings, conduits, outlets and every item that is permanently attached to the platform and its rated lifting capacity.

(h) The lifting speed of a lumber elevator may not exceed 15 feet per minute.

(i) A lumber elevator shall be equipped with operating switches that meet the following requirements:

(1) An operating switch shall be located where the entire shaftway is visible when gates are not installed.

(2) An operating switch shall be a continuous pressure switch.

(3) A manually operated emergency stop switch shall be placed adjacent to the elevator’s operating switches, driving machines, pit entrances, machine controller and landings. An emergency stop switch shall be a manually reset switch and cannot be dependent upon springs for proper operation.

(4) An emergency stop switch shall be red. No other switch may be red.

(5) Operating switches shall be labeled by function.

(j) Reverse phase protection is required when alternating current is used.

(k) Elevator screws shall be directly connecting with worm or beveled gears. Gears shall be enclosed in a housing.

(l) A lumber elevator that is not supported or operated by screws, plungers or similar means shall have approved platform safeties capable of stopping and holding the platform at any point of its travel and its rated lifting capacity.

(m) The motor, controller and brake shall be located in a lighted room outside of the shaftway, unless the devices are located in the pit. The lumber elevator shall be equipped with stone or masonry piers or columns capable of absorbing the impact of a full-loaded platform when the motor and controller are located in the pit.

(n) A lumber elevator shall be equipped with normal terminal limit switches located in the shaftway or stop motion devices on the operating machine and arranged to automatically bring the platform to rest at either terminal landing.

(o) Final terminal limit switches shall be installed and connected so the switch will function if a lumber elevator runs by the normal terminal limit switch. Final terminal limit switches will automatically shut off the power, apply the brake and prevent the operation of the lumber elevator in either direction until adjustments are made to return the lumber elevator to normal operation. Final terminal limit switches shall be located in the shaftway.

(p) A slack cable or slack chain device shall be installed on all winding drum or sprocket power-driven lumber elevator machinery. The device shall automatically shut off the power, apply the brake and stop the machinery when the platform is obstructed in its descent.

(q) A lumber elevator shall be equipped with an approved and enclosed fused main line switch or an approved and enclosed circuit breaker switch. The switch shall be located adjacent to the entrance door in the machine room when the motor and controller are located in a machine room. The switch shall be located outside of the shaftway and adjacent to the pit access door when the motor and controller are located in the pit.

(r) A motor or controller shall be equipped with a second device for disconnection when the motor or controller is not visible from the disconnection equipment required in subsection (q). The second disconnection device shall be equipped to accept a padlock that can lock the device in an ‘‘open’’ and ‘‘off’’ position.

(s) Lighting shall be provided in all machine spaces and pits within the shaftway and landings. The light switch shall be mounted at the entryway to a machine space and pit.

(t) A lumber elevator shall be equipped with a door that allows access to the pit when the motor or controller is located in the pit. A pit access door is to meet all of the following requirements:

(1) A pit access door shall be located below the bottom of the platform when the platform is at its lowest limit of travel.

(2) A pit access door shall be at least 30 inches by 30 inches in size, self-closing and self-locking.

(3) A pit access door shall have a switch to prevent operation of the elevator while the pit access door is open.

(4) An emergency stop switch shall be installed on the strike side of each pit access door.

(5) A switch for operating the pit lights shall be installed on the strike side of all pit access doors.

(6) A sign shall be located on the exterior strike side of each pit access door with the notation, ‘‘CAUTION—Elevator Pit Access Door—Authorized Personnel Only.’’ The sign lettering shall be a minimum of 1/4 inch in width and 1 1/2 inches in height. The color of the lettering shall contrast with the color of the access door.

(7) An owner or owner’s agent shall have sole possession of keys to each pit access door.

(u) A lumber elevator platform shall have a steel frame designed with a minimum safety factor of six based on the highest rating of either the rated lifting load or the rated static load, uniformly distributed.

(v) A platform shall be equipped with an apron on all its sides. When the travel distance of a lumber elevator extends above the top of the surrounding floor level, the apron shall have sufficient depth to enclose the space between the floor level and the under side of the platform when the platform is at its travel limit.

(w) As part of the initial inspection, the elevator shall be loaded to rated lifting capacity and operated throughout its entire travel. Platform safeties are to be tested with the maximum rated lifting capacity.

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.13 Appeals, variances and extensions of time.

(a) An owner or owner’s agent may seek a variance or extension of time or appeal a building code official’s decision by filing a petition with the Elevator Safety Board on a form provided by the Department within 30 days of the date of the decision.

(b) The postmark date or the date of personal service will establish the filing date of the appeal, request for variance or extension of time.

(c) An appeal, request for variance or extension of time to the Elevator Safety Board will automatically suspend an action to enforce an order to correct until the matter is resolved. An action under § 403.84 (relating to unsafe building, structure or equipment) may not be stayed.

(d) The Elevator Safety Board shall decide an appeal, variance request or request for extension of time by reviewing documents and a written brief or argument unless the owner or owner’s agent requests a hearing.

(e) If the owner or owner’s agent requests a hearing, the Elevator Safety Board shall schedule a hearing and notify the owner or owner’s agent and building code official of the date, time and place of the hearing. The Elevator Safety Board shall hold a hearing within 60 days from the date of an applicant’s request for a hearing unless the applicant agrees in writing to an extension of time.

(f) The appeal, variance request or request for extension of time shall be deemed approved if the Elevator Safety Board does not act within 60 days of the filing of the appeal, variance request or request of extension of time.

(g) The Elevator Safety Board shall only consider the following factors when deciding an appeal under section 2214.1(e)(1) of The Administrative Code of 1929 (71 P.S. § 574.1(e)(1)):

(1) Whether the true intent of the act or Uniform Construction Code was incorrectly interpreted.

(2) Whether the provisions of the act do not apply.

(3) Whether an equivalent form of construction is to be used.

(h) The Elevator Safety Board may consider the following factors when ruling upon a request for extension of time or the request for variance:

(1) The reasonableness of the requirements of the Uniform Construction Code, applicable codes and standards’ application in a particular case.

(2) The extent to which the granting of a variance or an extension of time will pose a violation of the Uniform Construction Code, applicable codes and standards or create an unsafe condition.

(3) The availability of professional or technical personnel needed to come into compliance.

(4) The availability of materials and equipment needed to come into compliance.

(5) The efforts being made to come into compliance as quickly as possible.

(6) Compensatory features that will provide a degree of protection equivalent to the protection resulting from compliance with the Uniform Construction Code, applicable codes and standards.

(i) The Elevator Safety Board may:

(1) Deny the request in whole or in part.

(2) Grant the request in whole or in part.

(3) Grant the request upon certain conditions being satisfied.

(j) The Elevator Safety Board may not grant a variance that would jeopardize the safety or welfare of either the general public or individuals employed in the elevator industry.

The provisions of this § 405.13 added under section 105(c)(2) of the Pennsylvania Construction Code Act (35 P.S. § 7210.105(c)(2)); and section 2214.1(f)(1) and (2) of The Administrative Code of 1929 (71 P.S. § 574.1(f)(1) and (2)).

The provisions of this § 405.13 added June 19, 2026, effective December 20, 2026, 56 Pa.B. 3606.

This section cited in 34 Pa. Code § 405.3 (relating to permit application).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.31 Applicability.

The following types of elevators shall meet the requirements of this section and § § 405.32—405.41:

(1) A stage elevator consisting of a section of the stage arranged to be raised and lowered above and below the stage in a vertical direction.

(2) An orchestra elevator consisting of a platform arranged to be raised and lowered in a vertical direction.

(3) An organ console elevator used for raising and lowering an organ console, including the organist in a vertical direction.

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.32 Platforms.

(a) A stage, orchestra or organ console elevator platform shall be comprised of steel frame construction and designed with a safety factor of at least six based on the highest rating of either the rated lifting load or the rated static load uniformly distributed.

(b) When the travel of a stage, orchestra or organ console elevator extends above the top of the shaftway enclosure, the platform shall be equipped with an apron at least as deep as the space between the top of the shaftway enclosure and the underside of the platform when the platform is at its limit of travel.

This section cited in 34 Pa. Code § 405.31 (relating to applicability).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.33 Shaftway requirements.

(a) The inside surface of a shaftway shall have a smooth finish within the limits of travel without any projections or recesses except for landing entrances, guides and guide brackets, vertical slots required for concealed guides, junction boxes and conduits for wiring, seating cart storage areas, orchestra areas and piano storage areas.

(b) Shaftway guide rails shall be made of steel.

(c) Adjacent lift sides shall be equipped with aprons, railings and toeboards and pressure-sensing strips that are necessary to avoid shearing and fall hazards when elevators or other lifts under this section are installed in the same shaftway.

This section cited in 34 Pa. Code § 405.31 (relating to applicability).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.34 Projections and recesses.

Projections or recesses for landing entrances, junction boxes and conduits for wiring, seating cart storage areas, orchestra areas and piano storage areas shall have the following protection:

(1) Metal bevel plates shall protect the underside and topside of projections and the underside of all recesses. The plates shall extend from the edge of the projection or recess to the wall. The beveled angle may not be less than 75° relative to a horizontal position. Instead of plates, the bevel surfaces may be made of concrete and troweled to a smooth finish. Pressure sensing strips meeting the requirements in paragraph (2) may be used instead of beveled plates.

(2) Pressure sensing strips shall be placed on the underside of the platform on sides where there is a projection or recessed opening and on an apron attached to the platform. Pressure sensing strips shall meet the following requirements:

(i) A pressure sensing strip shall be interconnected to the operating and controlling circuit of the elevator.

(ii) A pressure sensing strip shall detect an obstruction that exerts a minimum force of 5 pounds per square inch.

(iii) The elevator shall immediately stop and automatically reverse direction for travel of 2—4 inches when a strip detects an obstruction. The pressure sensing strips may automatically reset once the elevator has stopped its reverse travel.

The provisions of this § 405.34 amended under section 105(c)(2) of the Pennsylvania Construction Code Act (35 P.S. § 7210.105(c)(2)); and section 2214.1(f)(1) and (2) of The Administrative Code of 1929 (71 P.S. § 574.1(f)(1) and (2)).

The provisions of this § 405.34 amended June 19, 2026, effective December 20, 2026, 56 Pa.B. 3606. Immediately preceding text appears at serial page (302384).

This section cited in 34 Pa. Code § 405.31 (relating to applicability).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.35 Landing doors.

(a) Swinging doors installed at the bottom landing of the shaftway shall open outward.

(b) Shaftway landing doors shall be equipped with a Department-approved interlock or locking mechanism and electrical device, or both. The interlock or locking mechanism and electrical device, or both, shall:

(1) Secure the platform in the stop position or place the power of controlling the elevator beyond the operator’s control while any landing door is open, or unsecured, or both.

(2) Operate in conjunction with a normally closed electrical valve operating system when used for maintained pressure hydraulic elevators.

(d) Landing doors shall open manually from inside the shaftway regardless of the platform’s position.

(e) Regardless of the location of the platform in the hoistway, a means shall be provided to unlock the hoistway landing doors from the landing side. The means for performing this function shall be secured to prevent unauthorized access by individuals that are not trained in its proper use.

The provisions of this § 405.35 amended under section 105(c)(2) of the Pennsylvania Construction Code Act (35 P.S. § 7210.105(c)(2)); and section 2214.1(f)(1) and (2) of The Administrative Code of 1929 (71 P.S. § 574.1(f)(1) and (2)).

The provisions of this § 405.35 amended June 19, 2026, effective December 20, 2026, 56 Pa.B. 3606. Immediately preceding text appears at serial page (302385).

This section cited in 34 Pa. Code § 405.31 (relating to applicability).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.36 Lifting capacity.

(a) The lifting capacity of an orchestra or organ console elevator shall equal a live load of at least 25 pounds per square foot of floor area of the platform.

(b) The lifting capacity of a stage elevator shall equal a live load of at least 75 pounds per square foot of floor area of the platform.

This section cited in 34 Pa. Code § 405.31 (relating to applicability).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.37 Operating speed.

Operating speed of a stage, orchestra or organ console elevator may not exceed 40 feet per minute.

The provisions of this § 405.37 amended under section 105(c)(2) of the Pennsylvania Construction Code Act (35 P.S. § 7210.105(c)(2)); and section 2214.1(f)(1) and (2) of The Administrative Code of 1929 (71 P.S. § 574.1(f)(1) and (2)).

The provisions of this § 405.37 amended June 19, 2026, effective December 20, 2026, 56 Pa.B. 3606. Immediately preceding text appears at serial page (302385).

This section cited in 34 Pa. Code § 405.31 (relating to applicability).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.38 Operating controls.

Operating controls shall be located so that the operator may view the platform and load throughout their entire travel. Operating controls are governed by the following:

(1) Operating controls shall be continuous pressure switches.

(2) Detachable pendent switches that plug into the platform or at an area other than the platform may be installed as operating controls if the operator can view the platform and load throughout their entire travel.

(3) Emergency stop switches that comply with all of the following:

(i) Manually operated emergency stop switches shall be located adjacent to the operating controls, driving machines, pit entrances, machine controller, orchestra areas and recessed storage areas located within the shaftway.

(ii) Emergency stop switches shall be manually reset and not depend upon springs for proper operation.

(iii) Emergency stop switches shall be red. No other switch may be red.

(iv) An emergency stop switch shall be installed on an organ console elevator in a location accessible to the organist.

(4) Operating controls shall be labeled by function.

(5) A key is required for use of the operating controls other than emergency stop switches.

(6) A stage, orchestra or organ console elevator that intersects with other stage, orchestra, organ console elevators, storage areas or orchestra areas below the stage level shall be equipped with a constant pressure pushbutton switch which meets the following requirements:

(i) The additional switch shall be located to permit an unobstructed view of the intersecting area.

(ii) The switch shall be held in the closed or ‘‘run’’ position to complete the operating circuit and permit the operator’s controls to function.

(iii) Release of the switch will stop the elevator immediately.

(iv) An additional switch is not required for elevators that are completely enclosed in an operating shaftway.

This section cited in 34 Pa. Code § 405.31 (relating to applicability).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.39 Switches.

(a) An elevator shall be equipped with normal terminal limit switches located in the shaft way or a stop motion device on the operating machine. The switches or device shall automatically bring the platform to rest at either terminal landing.

(b) Final terminal limit switches shall be installed in the shaftway and meet the following requirements:

(1) The switches shall be connected so that the functioning of the switch will occur if the elevator runs by the normal terminal limit switch.

(2) A final terminal limit switch is to automatically shut off power, apply the brake and prevent the operation of the elevator in either direction until adjustments are made to return the elevator to normal operation.

(c) An approved and enclosed fused main line switch or an approved circuit breaker switch shall be installed to disconnect the elevator and meet the following requirements:

(1) The switch shall be located adjacent to the entrance door in a machine room containing the motor and controller.

(2) The switch shall be located outside the shaftway and adjacent to the pit access door when the motor and controller are located in the pit.

This section cited in 34 Pa. Code § 405.31 (relating to applicability).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.40 Pit and pit access.

(a) The pit shall be equipped with stone or masonry piers or columns or buffers capable of absorbing the impact of a fully loaded platform while maintaining a minimum refuge space of 2 feet throughout the pit area.

(b) A pit access door must meet all of the following requirements:

(1) A pit access door shall be a minimum of 30 inches by 30 inches in size, self-closing and self-locking.

(2) Have a switch to prevent the operation of the elevator while the pit access door is open.

(3) An emergency stop switch shall be installed on the strike side of each pit access door.

(4) A switch for operating the pit lights shall be installed on the strike side of each pit access door.

(5) Contain a sign located on the exterior strike side of all pit access doors with the notation, ‘‘CAUTION—Elevator Pit Access Door—Authorized Personnel Only.’’ The sign lettering is to be a minimum of 1/4 inch in width and 1 1/2 inches in height. The color of the lettering shall contrast with the color of the access door.

(6) An owner or owner’s agent shall have sole possession of keys to each access door. The keys may not be part of a master key system of the building or functional on any other door or device at the location.

(1) Pit depth shall be at least 2 feet from the lowest point of the underside of the platform framing to the pit floor or highest floor projection when the platform is at its lowest limit of travel. Toe guards, guide shoes or rollers attached to the platform and buffers or bumpers may extend into this space.

(2) Clearance between the lowest point of an apron, guide shoe or rollers on the underside of the platform and any portion of the pit floor shall be a minimum of 6 inches when the platform has reached its lowest limit of travel.

(3) Pit floor area directly beneath any apron area of the platform shall be marked with paint of at least two contrasting colors to a minimum width of 12 inches past the inside edge of the apron, guide shoe or rollers.

(d) A door shall be installed to provide access to a pit when the motor or controller for a stage, orchestra or organ console elevator is located in the pit by one of the following means:

(1) A pit door below the bottom of the platform when the platform is at its lowest limit of travel.

(2) A pit door that opens outward in the platform.

(3) The pit shall be equipped with a ladder for gaining access to the pit through this access door.

(4) The ladder and access door shall be arranged to secure the ladder to the platform during access to the pit.

(5) The ladder shall extend from the platform to the pit floor regardless of the location of the platform in the shaftway.

The provisions of this § 405.40 amended under section 105(c)(2) of the Pennsylvania Construction Code Act (35 P.S. § 7210.105(c)(2)); and section 2214.1(f)(1) and (2) of The Administrative Code of 1929 (71 P.S. § 574.1(f)(1) and (2)).

The provisions of this § 405.40 amended June 19, 2026, effective December 20, 2026, 56 Pa.B. 3606. Immediately preceding text appears at serial pages (302387) to (302388).

This section cited in 34 Pa. Code § 405.31 (relating to applicability).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.41 Single operator requirement.

A single operator is required to control operation of a stage, orchestra or organ console elevator under all of the following conditions:

(1) The operator and designated material handlers are the only persons that may ride on a stage or orchestra elevator.

(2) The operator and organist are the only persons that may ride on an organ console elevator. An organist may be the operator of the elevator if he receives adequate training on the operation of the elevator and all its controls.

(3) An operator is required to work with an assistant when using a stage, orchestra or organ console elevator that intersects with another stage, orchestra, organ console elevator, storage areas or orchestra areas below the stage level. The assistant shall insure that there are no obstructions in the path of the elevator being operated. The assistant shall always use a two-way communication device with the operator.

This section cited in 34 Pa. Code § 405.31 (relating to applicability).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

34 Pa. Code § 405.42 Additional requirements.

(a) Railings and toeboards shall be provided at floor levels when the elevator is not at floor level. The railing and toeboard are to be interconnected to the operating circuit so that if any portion of the rail and toeboard is not in its proper placement, the elevator cannot operate.

(b) A key shall be located at the lowest floor in a container with a glass surface. This key shall open all landing doors regardless of the location of the platform.

(c) A plate attached to the equipment controller shall contain the manufacturer’s listed rated lifting capacity and maximum static load.

(d) The gross weight of the movable platform shall be posted on the controller and will include railings, aprons, wiring, conduits, outlets or an item that is permanently attached to the platform and related lifting capacity.

(e) Reverse phase protection shall be provided when alternating current is used.

(f) Elevator screws are to be directly connecting with worm or beveled gears. Gears shall be enclosed in a housing.

(g) A stage, orchestra or organ console elevator that is not supported or operated by screws, plungers or similar means shall have platform safeties capable of stopping and holding the platform with a full-rated load at any point of its travel.

(h) The motor controller and brake shall be located in a lighted room outside the shaftway, unless the devices are located in the pit.

(i) A slack cable or slack chain device shall be installed on all winding drum or sprocket power-driven stage, orchestra or organ console elevator machinery. The device shall automatically shut off the power, apply the brake and stop the machinery when the platform is obstructed in its descent.

(j) A motor or controller shall be equipped with a second device for disconnection when the motor or controller is not visible from the mainline disconnect switch.

(k) Lighting shall be provided in all machine spaces, pits, storage areas, orchestra areas and landings within the shaftway. A light switch shall be mounted at the entryway to each area.

The provisions of this § 405.42 amended under section 105(c)(2) of the Pennsylvania Construction Code Act (35 P.S. § 7210.105(c)(2)); and section 2214.1(f)(1) and (2) of The Administrative Code of 1929 (71 P.S. § 574.1(f)(1) and (2)).

The provisions of this § 405.42 amended June 19, 2026, effective December 20, 2026, 56 Pa.B. 3606. Immediately preceding text appears at serial pages (302388) and (339941).

History

Authority: The provisions of this Chapter 405 issued under sections 105(c) and 301 of the Pennsylvania Construction Code Act (35 P.
Source: The provisions of this Chapter 405 adopted January 9, 2004, effective April 9, 2004, 34 Pa.

Part XV Office of the Deaf and Hard of Hearing

Chapter 501 Registration of Sign Language Interpreters and Transliterators

34 Pa. Code § 501.1 Definitions.

The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Act—The Sign Language Interpreter and Transliterator State Registration Act (63 P. S. § § 1725.1—1725.12). CDI—Certified Deaf Interpreter—A certification issued by RID. CI—Certificate of Interpretation issued by RID. CSC—Comprehensive Skills Certificate issued by RID. CT—Certificate of Transliteration issued by RID. Department—The Department of Labor and Industry of the Commonwealth. MCSC—Master Comprehensive Skills Certificate issued by RID. NAD—National Association of the Deaf, an advocacy group for deaf and hard of hearing individuals which previously offered certification in sign language interpreting and transliterating. NAD National Interpreter Certification Test—The former performance examinations conducted by the NAD for Level IV (Master) or V (Advanced) certification as a sign language interpreter or transliterator. NIC—The National Interpreter Certification test which is the knowledge and proficiency examination conducted for RID’s National Interpreter Certification as a sign language interpreter or transliterator. Office—The Office for the Deaf and Hard of Hearing within the Department, 1521 North 6th Street, Harrisburg, PA 17102. OIC:C—Oral Interpreting Certificate: Comprehensive issued by RID. OTC—Oral Transliteration Certificate issued by RID. RID—Registry of Interpreters for the Deaf, Inc. A National membership organization of professionals and its state affliates that provides certification for sign language interpreters and transliterators. RID Generalist examinations—The knowledge and proficiency examinations which are conducted by RID for CI/CT, CDI and OTC certifications in sign language interpretering or transliterating and which were formerly conducted by RID for CSC, MCSC and OIC:C certifications in sign language interpretering and transliterating. Secretary—The Secretary of the Department or the Secretary’s designee. Year—A calendar year.

History

Authority: The provisions of this Chapter 501 adopted under the Sign Language Interpreter and Transliterator State Registration Act (63 P.
Source: The provisions of this Chapter 501 adopted December 5, 2008, effective December 6, 2008, 38 Pa.

34 Pa. Code § 501.2 Fees.

The Office will charge the following nonrefundable fees:

This section cited in 34 Pa. Code § 501.4 (relating to registration); 34 Pa. Code § 501.10 (relating to biennial registration renewal); and 34 Pa. Code § 501.11 (relating to reactivation of registration).

History

Authority: The provisions of this Chapter 501 adopted under the Sign Language Interpreter and Transliterator State Registration Act (63 P.
Source: The provisions of this Chapter 501 adopted December 5, 2008, effective December 6, 2008, 38 Pa.

34 Pa. Code § 501.3 Examination.

(a) The following examinations are approved as the examination which tests knowledge and proficiency under section 5(a)(1)(iii) of the act (63 P. S. § 1725.5(a)(1)(iii)):

(1) NAD National Interpreter Certification.

(2) RID Generalist Examinations.

(3) NIC.

(b) An applicant for any of the approved examinations shall obtain applications directly from and pay the required examination fee directly to the examination provider.

History

Authority: The provisions of this Chapter 501 adopted under the Sign Language Interpreter and Transliterator State Registration Act (63 P.
Source: The provisions of this Chapter 501 adopted December 5, 2008, effective December 6, 2008, 38 Pa.

34 Pa. Code § 501.4 Registration.

(a) An applicant for registration shall submit the following to the Office:

(1) Proof of receiving a passing score on any of the approved examinations. This may include proof of current certification by NAD or RID.

(2) A completed registration application. Applications may be obtained from the office or the Department’s web site www.dli.state.pa.us/odhh.

(3) The required registration fee under § 501.2 (relating to fees). Checks shall be made payable to the Commonwealth of Pennsylvania.

(b) The Office will issue a paper or electronic registration to an applicant within 60 days of the date of receipt of the application if the applicant complies with subsection (a) and meets the following criteria:

(1) Is 18 years of age or older.

(2) Has passed the examination required by subsection (a).

(3) Has paid applicable fees.

(4) Possesses the general fitness, competence and reliability sufficient to satisfy the office that the applicant is worthy of State registration.

(1) Does not comply with this section.

(2) Fails to meet the requirements of section 5(a) of the act (63 P. S. § 1725.5(a)).

(3) Committed a violation enumerated in section 8(a) of the act (63 P. S. § 1725.8(a)) and § 501.7 (relating to violations).

(d) The Office will comply with the procedures contained in § 501.9 (relating to request for reconsideration of registration denial) if an application for registration is denied.

This section cited in 34 Pa. Code § 501.11 (relating to reactivation of registration).

History

Authority: The provisions of this Chapter 501 adopted under the Sign Language Interpreter and Transliterator State Registration Act (63 P.
Source: The provisions of this Chapter 501 adopted December 5, 2008, effective December 6, 2008, 38 Pa.

34 Pa. Code § 501.5 Exemptions.

(a) An individual engaged in interpreting or transliterating services in a religious setting is exempt from registration under section 4(b)(1) of the act (63 P. S. § 1725.4(b)(1)) if the services are provided either:

(1) During a worship service conducted by a religious entity.

(2) Exclusively for religious-study purposes for a religious entity or religiously affiliated school.

(b) An individual engaged in sign language interpreting or transliterating during an emergency when a delay in obtaining a State-registered interpreter or transliterator might lead to injury or loss to the individual requiring the services is exempt.

(c) An individual engaged in interpreting or transliterating as part of a supervised internship or practicum at an accredited college or university, RID or NAD if it is not in a legal, medical or mental health setting is exempt.

(d) An individual who does not reside in this Commonwealth is exempt from registration under section 4(b)(4) of the act in accordance with the following:

(1) The individual possesses current certification from NAD or RID.

(2) The individual provides interpreting or transliterating services in this Commonwealth for no longer than 14 days each year.

(3) The individual provides the following to the Office within 5 business days of providing the interpreting or transliterating service:

(i) Written notice of the date and duration of each sign language or transliterating service that the individual provides or intends to provide within this Commonwealth. Forms may be obtained from the Office or the Department’s web site www.dli.state.pa.us/odhh.

(ii) Proof of current certification.

(4) The Office will provide notice to a sign language interpreter or transliterator that he has provided 14 days of services during the year and that the individual is prohibited from providing any further interpreting or transliterating services within this Commonwealth during the year unless the individual registers with the Office in accordance with section 5 of the act (63 P. S. § 1725.5).

(e) An individual engaged in interpreting or transliterating at the request of a client who is deaf or hard of hearing is exempt from registration under section 4(b)(5) of the act in accordance with the following:

(1) The interpreter or transliterator notifies the client that the individual is not registered with the Office.

(2) The client signs a written confirmation acknowledging that the individual is not registered and acknowledging that the client desires the individual’s services. Forms may be obtained from the Office or the Department’s web site at www.dli.state.pa.us/odhh.

(3) The individual providing services shall provide a copy of the confirmation to the client and maintain a copy of the client’s signed statement for 2 years.

(f) An individual who engages in interpreting or transliterating strictly as a volunteer is exempt.

(g) An individual is exempt from registration under section 4(b)(7) of the act for a school-related activity if the individual complies with the State Board of Education regulations establishing criteria for persons providing sign language and interpreting services for a school-related activity. See 22 Pa. Code § § 14.105 and 711.5 (relating to personnel).

(h) If a sign language interpreter or transliterator is required for effective communication at a physician’s office, an individual is exempt from registration under section 4(b)(8) of the act if the individual provides sign language interpreting or transliterating services to a patient who is deaf or hard of hearing in accordance with the following:

(1) The patient signs a written confirmation acknowledging that the individual providing the interpreting or transliterating services is not registered, that the patient has the right to request or provide an interpreter or transliterator who is registered with the Office and the patient desires the services of the unregistered individual. This confirmation must be completed during every office visit. Forms may be obtained from the Office or the Department’s web site at www.dli.state.pa.us/odhh.

(2) The individual providing sign language interpreting or transliterating services informs the patient in writing that a request for a registered interpreter or transliterator made after the commencement of the office visit may result in a delay of physician services.

(3) The physician’s office shall maintain a copy of the patient’s signed statement in the patient’s health care file consistent with the regulations of the State Board of Medicine and the State Board of Osteopathic Medicine. See 49 Pa. Code § § 16.95 and 25.213 (relating to medical records).

(4) The interpreter or transliterator shall maintain a copy of the signed statement for 2 years from the date of service.

(5) A copy of the signed statement shall be provided to the patient.

(i) An individual engaged in interpreting or transliterating in a judicial or in an administrative proceeding is exempt from registeration if the individual is providing services under 42 Pa.C.S. Subchapter C (relating to court interpreters for the deaf) or 2 Pa.C.S. Subchapter D (relating to administrative proceeding interpreters for persons who are deaf).

History

Authority: The provisions of this Chapter 501 adopted under the Sign Language Interpreter and Transliterator State Registration Act (63 P.
Source: The provisions of this Chapter 501 adopted December 5, 2008, effective December 6, 2008, 38 Pa.

34 Pa. Code § 501.6 Complaints.

(a) Upon the receipt of a written or visual language complaint or upon its own initiative, the Office may investigate allegations of violations of section 8 of the act (63 P. S. § 1725.8) and § 501.7 (relating to violations).

(b) Complaints must contain:

(1) The name and address of complainant.

(2) The name and address, if known, of the individual against whom the complaint is filed.

(3) A statement of the facts forming the basis of the complaint or conclusion that there has been a violation of the act.

(4) The name of any witnesses and other information that may be pertinent to an investigation.

History

Authority: The provisions of this Chapter 501 adopted under the Sign Language Interpreter and Transliterator State Registration Act (63 P.
Source: The provisions of this Chapter 501 adopted December 5, 2008, effective December 6, 2008, 38 Pa.

34 Pa. Code § 501.7 Violations.

The Department may impose disciplinary or corrective measures under section 9(a) of the act (63 P. S. § 1725.9(a)) or levy administrative fines of up to $500 under section 8(b) of the act (63 P. S. § 1725.8(b)) on a registrant for doing one or more of the following:

(1) Obtaining a State registration or renewal of a registration through fraud, deceit or misrepresentation.

(2) Being convicted of a felony or a crime in this Commonwealth or other jurisdiction relating to the provision of interpreter or transliterator services.

(3) Being the subject of a disciplinary or other administrative action taken against this registration, certificate or license to provide interpreting or transliterating services in another state by a government agency.

(4) Committing fraud, gross negligence or misconduct relating to the provision of interpreting or transliterating services as determined by the office.

(5) Engaging in any other misconduct relating to the provision of interpreting or transliterating services as determined by the office.

(6) Violating the provisions of the act or this chapter.

This section cited in 34 Pa. Code § 501.4 (relating to registration); 34 Pa. Code § 501.6 (relating to complaints); and 34 Pa. Code § 501.8 (relating to hearings/appeals).

History

Authority: The provisions of this Chapter 501 adopted under the Sign Language Interpreter and Transliterator State Registration Act (63 P.
Source: The provisions of this Chapter 501 adopted December 5, 2008, effective December 6, 2008, 38 Pa.

34 Pa. Code § 501.8 Hearings/appeals.

(a) Actions under sections 8 and 9 of the act (63 P. S. § § 1725.8 and 1725.9) and § 501.7 (relating to violations) will be taken subject to the right of notice, hearing and adjudication in accordance with 2 Pa.C.S. (relating to administrative law and procedure). Hearings shall be conducted under 1 Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedure) and this section.

(b) The Office will serve the respondent with an order to show cause under 1 Pa. Code § 35.14 (relating to orders to show cause). The order to show cause will contain notification that the registration may be subject to action and the grounds for the action. The order to show cause will contain notification that the respondent is to respond in writing within 30 days after the date of the service of the order or in accordance with another date designated by the Office. Failure to respond will be deemed a default and relevant facts stated in the order to show cause may be deemed admitted under 1 Pa. Code § 35.37 (relating to answers to orders to show cause).

(c) The respondent may respond in writing to the allegations of the order to show cause under 1 Pa. Code § 35.37. If made, the answer shall be filed with the Office within 30 days after the date of the order to show cause or within another time period specified by the Office.

(d) The Office will provide the opportunity for a recorded hearing on the allegations. The Office will designate a presiding officer to conduct the hearing under 1 Pa. Code § § 35.185—35.190 (relating to presiding officers).

(e) The presiding officer will prepare and issue a proposed report and order under 1 Pa. Code § § 35.201—35.207 (relating to proposed reports generally). The presiding officer will serve the proposed report upon counsel of record or to the parties in the hearing. The proposed report will contain the Department address where an appeal may be filed.

(f) A party may appeal the proposed report and order to the Secretary within 30 days of service of the proposed report under section 10 of the act (63 P. S. § 1725.10). Appeals are governed by the following:

(1) A party desiring to appeal to the Secretary shall file exceptions to the proposed report and order within 30 days of service in accordance with 1 Pa. Code § 35.211 (relating to procedure to except to proposed report). The party may seek the reopening of the record to present testimony or evidence by filing a request with the exceptions.

(2) A party may file a written response to the exceptions within 20 days of service of the exceptions. The party may seek the reopening of the record to present testimony or evidence by filing a request with the response.

(3) If a timely appeal is filed, the presiding officer will transmit the proposed report and order and the certified record to the Secretary.

(4) If a timely appeal is filed, the Secretary will issue the final order under 1 Pa. Code § 35.226 (relating to final orders). The Secretary may reopen the record and order additional briefs.

(5) The presiding officer’s proposed report and order will be the Department’s final order under section 11 of the act (63 P. S. § 1725.11) if a timely appeal is not made under this section.

(g) This section supplements 1 Pa. Code § § 35.14, 35.37, 35.185—35.190, 35.201—35.207, 35.211 and 35.226.

History

Authority: The provisions of this Chapter 501 adopted under the Sign Language Interpreter and Transliterator State Registration Act (63 P.
Source: The provisions of this Chapter 501 adopted December 5, 2008, effective December 6, 2008, 38 Pa.

34 Pa. Code § 501.9 Request for reconsideration of registration denial.

(a) The Office may deny an application for registration if an applicant does not meet the registration requirements of section 5(a) of the act (63 P. S. § 1725.5(a)) or for the grounds contained in section 8(a) of the act (63 P. S. § 1725.8(a)). The Office will provide the applicant with written notification of the denial which states the statutory and regulatory reasons for the denial and sets forth the procedure for requesting reconsideration.

(b) An applicant for registration whose application was denied by the Office may file a request for reconsideration with the Office within 30 days of the date of the notice of denial.

(1) The applicant’s name and address.

(2) The facts supporting the applicant’s request for reconsideration.

(3) Supporting documentation demonstrating that the applicant meets the requirements for registration under section 5(a)(2) of the act.

(d) The Office will review the request for reconsideration and issue a written determination containing its decision. If reconsideration is denied, the Office will provide a summary of the reasons in the determination.

(e) If the request is granted, the Office will issue a registration to the applicant if the applicant pays the renewal fee and completes the application under section 5(a)(1) of the act.

(f) An applicant may seek a hearing and appeal the denial of registration under sections 10 and 11 of the act (63 P. S. § § 1725.10 and 1725.11). The Office and Department will conduct hearings and resolve appeals under § 501.8 (relating to hearings/appeals).

This section cited in 34 Pa. Code § 501.4 (relating to registration).

History

Authority: The provisions of this Chapter 501 adopted under the Sign Language Interpreter and Transliterator State Registration Act (63 P.
Source: The provisions of this Chapter 501 adopted December 5, 2008, effective December 6, 2008, 38 Pa.

34 Pa. Code § 501.10 Biennial registration renewal.

(a) A registrant shall renew the registration biennially to retain the right to continue to provide interpreting or transliterating services, or offer to provide sign language interpreting or transliterating services, or hold himself out as a qualified sign language interpreter or a qualified transliterator or use similar titles or designations under the act.

(b) Registration for a biennium expires December 31 of every even-numbered year.

(c) To renew a registration, a registrant shall submit to the Office before the expiration of the renewal period a completed renewal application supplied by the Office along with the required renewal fee and any late or reactivation fees under § 501.2 (relating to fees).

(d) Biennial registration forms and other forms or literature to be distributed by the Office will be forwarded to the last mailing or electronic address provided to the Office by the registrant. Failure of the Office to send, or of the registrant to receive, a biennial registration application does not relieve the registrant of the biennial registration responsibility.

(e) The Office will issue a nontransferable biennial registration to a registrant who renews registration under this section within 60 days.

This section cited in 34 Pa. Code § 501.11 (relating to reactivation of registration).

History

Authority: The provisions of this Chapter 501 adopted under the Sign Language Interpreter and Transliterator State Registration Act (63 P.
Source: The provisions of this Chapter 501 adopted December 5, 2008, effective December 6, 2008, 38 Pa.

34 Pa. Code § 501.11 Reactivation of registration.

(a) An individual may reactivate a suspended registration under section 9(c)(1) of the act (63 P. S. § 1725.9(c)(1)) if the following conditions are met:

(1) The suspension term has fully elapsed.

(2) The individual has complied with all of the terms and conditions of the suspension order.

(3) The individual has not violated the act or this chapter during the suspension term.

(4) The individual pays the reactivation fee under § 501.2(4) (relating to fees).

(5) The individual complies with the renewal requirements of § 501.10 (relating to biennial registration renewal).

(b) An individual may obtain registration following revocation of a registration under section 9(c)(2) of the act if the following conditions are met:

(1) At least 5 years have elapsed from the date of the registration revocation.

(2) The individual complied with terms and conditions of the revocation order.

(3) The individual did not violate the act or this chapter during the revocation term.

(4) The individual pays the reactivation fee under § 501.2.

(5) The individual complies with the registration requirements of section 5 of the act and § 501.4 (relating to registration).

History

Authority: The provisions of this Chapter 501 adopted under the Sign Language Interpreter and Transliterator State Registration Act (63 P.
Source: The provisions of this Chapter 501 adopted December 5, 2008, effective December 6, 2008, 38 Pa.

34 Pa. Code § 501.12 Change of address/name/information.

A registrant shall notify the Office in writing of the following within 10 days:

(1) Any change of name or mailing address

(2) Disciplinary action taken against the registrant’s registration, certification or license to provide interpreting or transliterating services by another state or government agency.

History

Authority: The provisions of this Chapter 501 adopted under the Sign Language Interpreter and Transliterator State Registration Act (63 P.
Source: The provisions of this Chapter 501 adopted December 5, 2008, effective December 6, 2008, 38 Pa.

34 Pa. Code § 501.13 Confidential communications.

Except as provided by law, a sign language interpreter who acquires confidential information while interpreting or transliterating may not be required to disclose the information in any legal proceeding, trial or investigation before a governmental unit without the consent of the individual receiving interpreting or transliterating services. The sign language interpreter shall hold any legal privilege that the individual receiving the services holds.

History

Authority: The provisions of this Chapter 501 adopted under the Sign Language Interpreter and Transliterator State Registration Act (63 P.
Source: The provisions of this Chapter 501 adopted December 5, 2008, effective December 6, 2008, 38 Pa.