Pennsylvania Act 2008-106 — PENNSYLVANIA CONSTRUCTION CODE ACT - ESTABLISHING UNIFORM CONSTRUCTION CODE REVIEW AND ADVISORY COUNCIL, REVISED OR SUCCESSOR CODES AND TRAINING OF INSPECTORS

Act text

PENNSYLVANIA CONSTRUCTION CODE ACT - ESTABLISHING UNIFORM CONSTRUCTION
CODE REVIEW AND ADVISORY COUNCIL, REVISED OR SUCCESSOR CODES AND TRAINING
                              OF INSPECTORS
                 Act of Oct. 9, 2008, P.L. 1386, No. 106              Cl. 35
                             Session of 2008
                               No. 2008-106

     HB 1096

                                  AN ACT

     Amending the act of November 10, 1999 (P.L.491, No.45), entitled
        "An act establishing a uniform construction code; imposing
        powers and duties on municipalities and the Department of
        Labor and Industry; providing for enforcement; imposing
        penalties; and making repeals," further providing for
        definitions; establishing the Uniform Construction Code
        Review and Advisory Council; and further providing for
        revised or successor codes and for training of inspectors.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 103 of the act of November 10, 1999
     (P.L.491, No.45), known as the Pennsylvania Construction Code
     Act, is amended by adding a definition to read:
      Section 103.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        "Council."  The Uniform Construction Code Review and Advisory
     Council established under this act.
        * * *
        Section 2.  The act is amended by adding a section to read:
      Section 107.  Uniform Construction Code Review and Advisory
                    Council.
        (a)  Establishment.--The Uniform Construction Code Review and
     Advisory Council is hereby established.
        (b)  Duties.--The council shall do the following:
            (1)  Gather information from municipal officers, building
        code officials, construction code officials, licensed design
        professionals, builders and property owners concerning issues
        with the Uniform Construction Code raised by council members
        or changes proposed by members of the General Assembly.
            (2)  Evaluate the information compiled under paragraph
        (1) and make recommendations to the following:
                (i)  The Governor.
                (ii)  The Secretary of Labor and Industry.
                (iii)  The members of any legislative committee
            considering amendments to this act.
                (iv)  The President pro tempore of the Senate.
                (v)  The Speaker of the House of Representatives.
                (vi)  The Code Development Councils of the
            International Code Council.
            (3)  With the exception of the provisions of Chapter 11
        and Appendix E of the International Building Code of 2006, or
        its successor codes, or any other accessibility requirements
        contained in or referenced by the Uniform Construction Code
        relating to persons with physical disabilities, review new
        and amended provisions contained in triennial revisions of
        the codes issued by the International Code Council to any of
        its codes. The council shall inform the department of any
        code provisions that should be excluded from the Uniform
        Construction Code by May 1 of the year of issuance of the
        latest triennial code issued by the International Code
        Council.
        (c)  Composition.--The council shall consist of the following
     members appointed by the Governor:
            (1)  A general contractor from an association
        representing the residential construction industry who has
        recognized ability and experience in the construction of new
        residential buildings.
            (2)  A contractor from an association representing the
        nonresidential construction industry who has recognized
        ability and experience in the construction of nonresidential
        buildings.
            (3)  A Uniform Construction Code-certified residential
        building inspector who possesses all five residential
        certifications from an association representing building code
        officials who has experience administering and enforcing
        residential codes.
            (4)  A Uniform Construction Code-certified building
        inspector who possesses all nonresidential inspection
        certifications, but need not possess a fire inspector
        certification, or a certified plans examiner who also holds
        an accessibility certification from an association
        representing building code officials who has experience
        administering and enforcing nonresidential codes.
            (5)  A Uniform Construction Code-certified fire inspector
        from an association representing building code officials.
            (6)  A Uniform Construction Code-certified building code
        official from an association representing building code
        officials with building code official certification.
            (7)  A residential contractor from an association
        representing contractors engaged in remodeling residential
        buildings who has recognized ability and experience in
        remodeling residential and nonresidential buildings.
            (8)  A licensed architect from an association
        representing architects who has recognized ability and
        experience in the design and construction of nonresidential
        buildings.
            (9)  A licensed architect from an association
        representing architects who has recognized ability and
        experience in the design and construction of residential
        buildings.
            (10)  A licensed structural engineer from an association
        representing professional engineers who has recognized
        ability and experience in the design and construction of
        buildings.
            (11)  A licensed mechanical engineer specializing in HVAC
        systems from an association representing professional
        engineers who has recognized ability and experience in the
        design and construction of buildings.
            (12)  A licensed mechanical engineer specializing in
        plumbing and fire protection from an association representing
        professional engineers who has recognized ability and
        experience in the design and construction of buildings.
            (13)  A licensed electrical engineer from an association
        representing professional engineers who has recognized
        ability and experience in the design and construction of
        buildings.
            (14)  An elected official of a township of the second
        class who has recognized ability and experience in
        construction of buildings.
            (15)  An elected borough official who has recognized
        ability and experience in construction of buildings.
            (16)  An elected official of a third class city who has
        recognized ability and experience in the construction of
        buildings.
            (17)  An individual from an association representing
        manufactured housing who shall be knowledgeable, licensed or
        certified to sell and install manufactured housing.
            (18)  An official of a city of the first class who has
        recognized ability and experience in the administration and
        enforcement of this act.
            (19)  An individual from an association representing only
        modular housing manufacturers who is knowledgeable, licensed
        or certified under the act of May 11, 1972 (P.L.286, No.70),
        known as the Industrialized Housing Act, to manufacture and
        sell modular homes in Pennsylvania.
     At least one of the inspectors appointed to the council shall be
     a municipal employee, and at least one inspector shall be a
     third-party private sector inspector.
        (d)  Vacancies.--Vacancies on the council shall be filled in
     the same manner in which they were originally designated within
     30 business days of the vacancy. If the Governor fails to act
     within 30 business days, the council chairperson shall appoint
     an individual to fill the vacancy.
        (e)  Removal.--A member may be removed for just cause by the
     Governor.
        (f)  Terms.--A member of the council shall serve terms of two
     years and until his successor is appointed beginning July 1,
     2008, except the initial term of members appointed under
     subsection (c)(1), (3), (4), (5), (8), (11), (13) and (14) shall
     be for three years and until their successor is appointed.
        (g)  Chairperson and vice chairperson.--The members shall
     elect, by a majority vote, a chairperson and vice chairperson of
     the council.
        (h)  Quorum and consensus.--Ten members shall constitute a
     quorum, and a consensus among at least ten members must be
     reached before any determination can be made by the council.
        (i)  Meetings.--Meetings shall be conducted as required under
     65 Pa.C.S. Ch. 7 (relating to open meetings) as follows:
            (1)  The council shall meet at least once every six
        months. Meeting dates shall be set by majority vote of the
        council members or by the call of the chair along with at
        least seven business days' notice to all members.
            (2)  All meetings of the council shall be publicly
        advertised and shall be open to the public. Members of the
        general public shall be given reasonable opportunity to
        address the council.
            (3)  The council shall publish a schedule of its meetings
        in the Pennsylvania Bulletin and in at least one newspaper of
        general circulation. The notice shall be published at least
        five business days in advance of each meeting. The notice
        shall specify the date, time and place of the meeting and
        shall state that the meetings of the council are open to the
        general public.
        (j)  Administrative support.--The secretary shall provide a
     facility for council meetings under this act, stenographic
     services and required notice of the council's meetings.
        (k)  Technical support.--The council may solicit and retain,
     without compensation, individuals who are qualified by training
     or experience to provide expert input to the council and, at the
     discretion of the council, such individuals may be reimbursed
     for reasonable travel expenses at a rate established by the
     secretary.
        (l)  Compensation and expenses.--Members of the council shall
     not receive a salary or per diem allowance for their service.
        Section 3.  Section 304(a) of the act, amended February 19,
     2004 (P.L.141, No.13), is amended and the section is amended by
     adding a subsection to read:
      Section 304.  Revised or successor codes.
        (a)  Building code.--
            (1)  Subject to sections 105(c) and (d), 301(a)(3), (4),
        (5), (6) and (7), (c) and (d) and 302, by December 31 of the
        year of the issuance of a new triennial [BOCA National] ICC
        International Building Code, or its successor building code,
        the department shall promulgate regulations adopting the new
        code as the Uniform Construction Code[.] unless the council
        informs the department that it should exclude any provisions
        of the triennial code from the Uniform Construction Code. If
        the council provides this notification, the department shall
        submit regulations adopting the triennial code with
        provisions omitted by the council under this section within
        90 days following council notification.
            (2)  Subject to sections 105(c) and (d), 301(a)(3), (4),
        (5), (6) and (7), (c) and (d) and 302, by December 31 of the
        year of issuance of a new triennial ICC [International One
        and Two Family Dwelling Code] International Residential Code,
        or its successor building code, the department shall
        promulgate regulations providing that all detached one-family
        and two-family dwellings and one-family townhouses that are
        not more than three stories in height and their accessory
        structures may be designed in accordance with that code or
        the Uniform Construction Code at the option of the building
        permit applicant. The department shall promulgate regulations
        adopting the new code as the Uniform Construction Code unless
        the council informs the department that it should exclude any
        provisions of the triennial code from the Uniform
        Construction Code. If the council provides this notification,
        the department shall submit regulations adopting the
        triennial code with provisions omitted by the council under
        this section within 90 days following council notification.
        * * *
        (d)  Code revisions.--
            (1)  The council may determine that any new or amended
        provision contained in a triennial revision by the ICC to any
        of the codes which have been adopted by regulation of the
        department as part of the Uniform Construction Code is not,
        in the opinion of the council, consistent with the intent and
        purpose of this act or is otherwise inappropriate for
        inclusion in the Uniform Construction Code. In making a
        determination on the new or amended triennial revisions, the
        council may consider the provisions of section 102, as well
        as other relevant factors, including, but not limited to:
                (i)  The impact that the provisions may have upon the
            health, safety and welfare of the public.
                (ii)  The economic reasonableness and financial
            impact of the provisions.
                (iii)  The technical feasibility of the provisions.
            (2)  When adopting the latest triennial versions of the
        ICC codes, the department shall exclude a specific new or
        amended code provision rejected by the council under
        paragraph (1) and shall provide that the relevant provisions
        of the prior versions of the code shall remain in effect.
        Section 4.  Section 701(a) and (b) of the act, amended July
     7, 2006 (P.L.1052, No.108), are amended to read:
      Section 701.  Training of inspectors.
        (a)  Training program.--The department, in consultation with
     the advisory board, [BOCA] ICC, NCSBCS and other interested
     parties, shall by regulation adopt a program of required
     training and certification for all categories of code
     administrators. This education program shall include
     accessibility requirements contained in and referenced by the
     Uniform Construction Code. The department may contract with
     third parties to provide the code training and testing programs.
        (b)  Categories of inspectors.--
            (1)  The department, in consultation with [BOCA] the ICC
        and other interested parties, shall establish appropriate
        categories of code administrators.
            (2)  A code administrator may act in place of a lumber
        grading or inspection agency to satisfy the requirement set
        forth under section 2303.1.1 of the 2003 International
        Building Code or its successor code or section R404.2.1,
        R502.1, R602.1 or R802.1 of the 2003 International
        Residential Code for One- and Two-Family Dwellings or its
        successor code.
        * * *
        Section 5.  This act shall take effect immediately.

     APPROVED--The 9th day of October, A. D. 2008.

     EDWARD G. RENDELL