act-2008-0-106•Pennsylvania Act 2008-106 — PENNSYLVANIA CONSTRUCTION CODE ACT - ESTABLISHING UNIFORM CONSTRUCTION CODE REVIEW AND ADVISORY COUNCIL, REVISED OR SUCCESSOR CODES AND TRAINING OF INSPECTORS
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-2008-0-1062008 Pa. Act 106Law
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
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