Pennsylvania Act 2006-157 — PENNSYLVANIA CONSTRUCTION CODE ACT - ADMINISTRATION AND ENFORCEMENT, APPLICATIONS AND INSPECTIONS, CHANGES IN UNIFORM CONSTRUCTION CODE, APPEALS, EDUCATION AND TRAINING PROGRAMS AND EXEMPTIONS

Act text

PENNSYLVANIA CONSTRUCTION CODE ACT - ADMINISTRATION AND ENFORCEMENT,
   APPLICATIONS AND INSPECTIONS, CHANGES IN UNIFORM CONSTRUCTION CODE,
         APPEALS, EDUCATION AND TRAINING PROGRAMS AND EXEMPTIONS
                 Act of Nov. 29, 2006, P.L. 1440, No. 157             Cl. 35
                             Session of 2006
                               No. 2006-157

     HB 881

                                  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 defining
        "agricultural building"; further providing for administration
        and enforcement, for applications and inspections, for
        changes in Uniform Construction Code, for appeals, for
        education and training programs and for exemptions.

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

        Section 1.  The definition of "agricultural building" in
     section 103 of the act of November 10, 1999 (P.L.491, No.45),
     known as the Pennsylvania Construction Code Act, amended July
     15, 2004 (P.L.748, No.92), is amended 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:
        * * *
        "Agricultural building."  A structure utilized to store farm
     implements, hay, feed, grain or other agricultural or
     horticultural products or to house poultry, livestock or other
     farm animals [and], a milk house and a structure used to grow
     mushrooms. 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. The term shall not include
     habitable space or spaces in which agricultural products are
     processed, treated or packaged and shall not be construed to
     mean a place of occupancy by the general public.
        * * *
        Section 2.  Section 501(a), (a.1), (b) and (c) of the act,
     amended or added February 19, 2004 (P.L.141, No.13) and July 15,
     2004 (P.L.748, No.92), are amended and the section is amended by
     adding a subsection to read:
      Section 501.  Administration and enforcement.
        (a)  Adoption of ordinance.--
            (1)  In order to administer and enforce the provisions of
        this act, municipalities shall enact an ordinance
        concurrently adopting the current Uniform Construction Code
        as their municipal building code and the current
        International Fuel Gas Code for the purposes described in
        section 102. Municipalities may adopt the Uniform
        Construction Code and incorporated codes and the
        International Fuel Gas Code by reference.
            (2)  Municipalities shall have 90 days after the
        promulgation of regulations under section 301 [or 304] to
        adopt such an ordinance. Municipalities shall notify the
        department of the adoption of such an ordinance within 30
        days. A municipality may adopt such an ordinance at any time
        thereafter, upon giving the department 180 days' notice of
        its intention to adopt such ordinance.
        (a.1)  Counties of the second class.--Notwithstanding the
     provisions of subsection (a), a municipality located within a
     county of the second class shall not administer and enforce
     plumbing code provisions of an ordinance adopting the Uniform
     Construction Code and incorporated codes for the purposes of
     section [302(a)] 102. A county of the second class that has
     adopted a plumbing code and accompanying rules and regulations
     pursuant to the act of August 24, 1951 (P.L.1304, No.315), known
     as the Local Health Administration Law, shall retain the
     authority to promulgate and enforce such plumbing code and to
     make such changes as it deems necessary, provided that such
     changes meet the minimum requirements as defined in the Uniform
     Construction Code.
        (b)  Municipal administration and enforcement.--This act may
     be administered and enforced by municipalities in any of the
     following ways:
            (1)  By the designation of an employee to serve as the
        municipal code official to act on behalf of the municipality
        for administration and enforcement of this act.
            (2)  By the retention of one or more construction code
        officials or third-party agencies to act on behalf of the
        municipality for administration and enforcement of this act.
            (3)  Two or more municipalities may provide for the joint
        administration and enforcement of this act through an
        intermunicipal agreement under 53 Pa.C.S. Ch. 23 Subch. A
        (relating to intergovernmental cooperation).
            (4)  By entering into a contract with the proper
        authorities of another municipality for the administration
        and enforcement of this act. When such a contract has been
        entered into, the municipal code official shall have all the
        powers and authority conferred by law in the municipality
        which has contracted to secure such services.
            (5)  By entering into an agreement with the department
        for plan reviews, inspections and enforcement of structures
        other than one-family or two-family dwelling units and
        utility and miscellaneous use structures.
        (c)  Board of appeals.--
            (1)  A municipality which has adopted an ordinance for
        the administration and enforcement of this act or
        municipalities which are parties to an agreement for the
        joint administration and enforcement of this act shall
        establish a board of appeals as provided by Chapter 1 of the
        1999 BOCA National Building Code, Fourteenth Edition, to hear
        appeals from decisions of the code administrator. Members of
        the municipality's governing body may not serve as members of
        the board of appeals.
            (2)  An application for appeal shall be based on a claim
        that the true intent of this act or regulations legally
        adopted under this act have been incorrectly interpreted, the
        provisions of this act do not fully apply or an equivalent
        form of construction is to be used.
            (3)  When a municipality cannot find persons to serve on
        a board of appeals who meet the minimum qualifications of
        Chapter 1 of the BOCA National Building Code, the
        municipality may fill a position on the board with a
        qualified person who resides outside of the municipality.
            (4)  The fee for an appeal to the Board of Appeals for a
        municipality that is administering and enforcing this act
        shall not exceed actual costs of the public notice of the
        hearing, appearance fee for the court reporter and
        administrative fees as necessary.
            (5)  In the case of an appeal or request for variance or
        extension of time involving the construction of a one-family
        or two-family residential building, the board of appeals
        shall convene a hearing within 30 days of the appeal. The
        Board of Appeals shall render a written decision to the
        parties within five business days, or within ten business
        days in cities of the first class, of the last hearing. If
        the board of appeals fails to act within the time period
        under this paragraph, the appeal shall be deemed granted.
        * * *
        (h)  Interpretation of Uniform Construction Code.--In
     interpreting a provision of a code adopted by regulation of the
     department as part of the Uniform Construction Code, a
     construction code official, a board of appeal and a court shall
     consider and may rely upon relevant written interpretations of
     the ICC or any organization whose referenced standard is
     relevant and listed in the Uniform Construction Code, or the
     regulations promulgated under this act or any municipal
     construction code ordinance.
        Section 3.  Section 502 of the act is amended to read:
      Section 502.  Consideration of applications and inspections.
        (a)  Applications for [construction] permits and
     inspections.--
            (1)  Every application for a construction permit for one-
        family and two-family dwelling units and utility and
        miscellaneous use structures shall be granted or denied, in
        whole or in part, within 15 business days of the filing
        date[.] or, if the drawings have been prepared by design
        professionals who are licensed or registered under the laws
        and regulations of this 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,
        within five business days of the filing date. Every
        application for a certificate of occupancy for one-family and
        two-family dwelling units and miscellaneous use structures
        shall be granted or denied, in whole or in part, within five
        business days, or within ten business days in cities of the
        first class, after receipt of a final inspection report
        indicates compliance with the Uniform Construction Code and
        ordinance as appropriate. All other construction permits
        shall be granted or denied, in whole or in part, within 30
        business days of the filing date. Municipalities may
        establish different time limits to consider applications for
        construction permits in historic districts. A code
        administrator shall review a construction plan of a building
        permit application upon submission and shall issue a notice
        of construction plan approval on a building permit
        application within the periods set forth in this section if
        the construction plans comply with the Construction Code Act
        and any other applicable municipal construction code
        ordinance. The municipality shall also provide a list of all
        other required permits necessary prior to issuance of the
        building permit. The municipality will not be liable for the
        completeness of any list. When a construction plan has been
        approved, a code administrator shall issue a building permit
        immediately upon receipt of all other required permits or
        approvals related to the construction. All revisions or
        changes to construction plans so approved under this
        subsection shall necessitate an additional plan review prior
        to the issuing of the building permit.
            (2)  If an application is denied in whole or in part, the
        code administrator shall set forth the reasons 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.
            (3)  If the code administrator fails to act on an
        application for a construction permit for one-family and two-
        family dwelling units and utility and miscellaneous use
        structures within the time prescribed, the application shall
        be deemed approved. The time limits established in this
        section for permit applications other than one-family and
        two-family dwellings may be extended upon agreement in
        writing between the applicant and the municipality for a
        specific number of additional days.
        (a.1)  Exceptions.--A permit is not required for the
     installation, alteration or repair of generation, transmission,
     distribution, metering or other related equipment under the
     ownership or control of public service agencies.
        (b)  Highway occupancy permit.--
            (1)  No building permit shall be issued for any property
        which will require access to a highway under the jurisdiction
        of the Department of Transportation unless the permit
        contains a notice that a highway occupancy permit is required
        pursuant to section 420 of the act of June 1, 1945 (P.L.1242,
        No.428), known as the State Highway Law, before driveway
        access to a State highway is permitted.
            (2)  The Department of Transportation shall, within 60
        days of the date of receipt of an application for a highway
        occupancy permit:
                (i)  approve the permit;
                (ii)  deny the permit;
                (iii)  return the application for additional
            information or correction to conform with regulations of
            the Department of Transportation; or
                (iv)  determine that no permit is required, in which
            case the Department of Transportation shall notify the
            municipality and applicant in writing.
            (3)  (i)  If the Department of Transportation fails to
            take any action within the 60-day period, the permit
            shall be deemed to be issued. The permit shall be marked
            to indicate that access to the State highway shall be
            only as authorized by a highway occupancy permit.
                (ii)  Notwithstanding the provisions of subparagraph
            (i), if the highway occupancy permit requires a
            determination by the United States Department of
            Transportation, the Pennsylvania Department of
            Transportation shall have 60 days from the receipt of the
            determination to take action on the permit or the permit
            shall be deemed to be issued.
            (4)  (i)  Neither the Department of Transportation nor
            any municipality to which permit-issuing authority has
            been delegated under section 420 of the State Highway Law
            shall be liable in damages for any injury to persons or
            property arising out of the issuance or denial of a
            driveway permit or for failure to regulate any driveway.
                (ii)  The municipality from which the building permit
            approval has been requested shall not be held liable for
            damages to persons or property arising out of the
            issuance or denial of a driveway permit by the Department
            of Transportation.
        (c)  Financial interest prohibited.--A code administrator
     shall not review or approve any plans for or construction of any
     building or structure in which the code administrator has any
     financial interest.
        Section 4.  Section 503(c), (f) and (j) of the act, amended
     July 15, 2004 (P.L.748, No.92), are amended to read:
      Section 503.  Changes in Uniform Construction Code.
        * * *
        (c)  Modification of minimum requirement.--Subject to the
     provisions of this act, the municipal governing body may propose
     and enact an ordinance to equal or exceed the minimum
     requirements of the Uniform Construction Code under the law
     governing the adoption of ordinances in that jurisdiction. An
     ordinance under this subsection shall not be effective nor
     enforceable unless subsections (d), (e), (f), (g), (h) and (i)
     have been satisfied. Municipalities may enact ordinances
     pursuant to this section which adopt additional code
     requirements for alterations or repairs to residential
     buildings. Municipalities may enact ordinances pursuant to this
     section which adopt stricter code requirements than required by
     this act for the regulation of utility and miscellaneous use
     structures.
        * * *
        (f)  Filing of proposed notice and ordinance with
     department.--The municipality shall provide notice and file a
     copy of the proposed ordinance with the department at least 30
     days prior to public hearing. The notice shall contain the time
     and place of the public hearing and a summary of the changes
     proposed by the ordinance, including code sections affected by
     the changes. The department shall make proposed ordinances
     available for public inspection and shall post the notice on its
     Internet website within seven business days after receipt.
        * * *
        (j)  Challenge of ordinance.--
            (1)  Aggrieved parties shall have 30 days from date of
        enactment of the ordinance to file a written challenge with
        the department [and the municipality.] and shall serve a copy
        of the challenge upon the municipality. The challenge shall
        state the reason or reasons for the challenge. A municipal
        ordinance may not take effect for a period of 35 days
        following its enactment. If a challenge is filed in writing
        with the department within 30 days, the department has five
        business days from the end of the 30-day filing period to
        notify a municipality of the challenge. There may be no
        enforcement of the ordinance until a ruling is issued by the
        secretary or 45 days after the filing date of the last
        challenge to the ordinance, whichever occurs first.
            (2)  The department shall review any ordinance which
        would equal or exceed the minimum requirements of the Uniform
        Construction Code based on the following standards:
                (i)  that certain clear and convincing local
            climatic, geologic, topographic or public health and
            safety circumstances or conditions justify the exception;
                (ii)  the exception shall be adequate for the purpose
            intended and shall meet a standard of performance equal
            to or greater than that prescribed by the Uniform
            Construction Code;
                (iii)  the exception would not diminish or threaten
            the health, safety and welfare of the public; and
                (iv)  the exception would not be inconsistent with
            the legislative findings and purpose described in section
            102.
     The department shall take into consideration, in rendering the
     determination, the provision, code development process history,
     purpose and intent of relevant provisions of the 1999 BOCA
     National Building Code, Fourteenth Edition, ICC International
     One and Two Family Dwelling Code, 1998 Edition, or their
     successor codes.
        * * *
        Section 5.  Section 504 of the act is amended to read:
      Section 504.  Appeals.
        (a)  Ruling of secretary.--An appeal of the secretary's
     ruling may be taken to the appropriate court of common pleas
     within 30 days of the date of the ruling.
        (b)  Application for enforcement of ordinance.--Any person
     aggrieved by the application or enforcement of any provision of
     an ordinance adopted pursuant to section 503 shall have the
     right to challenge the validity of the ordinance in the
     appropriate court of common pleas. In order to be aggrieved, a
     person must have a direct, immediate and substantial interest in
     the application or enforcement of the ordinance. The appropriate
     court of common pleas shall determine the validity of the
     ordinance.
        Section 6.  Section 703 of the act, added February 19, 2004
     (P.L.141, No.13), is amended to read:
      Section 703.  Education and training [program] programs.
        (a)  Fee.--Municipalities administering and enforcing this
     act under section 501(a) and third-party agencies providing
     services under section 501(e) shall assess a fee of [$2] $4 on
     each construction or building permit issued under the authority
     of this act. The fee shall be in addition to any other fee
     imposed for the permit.
        (b)  [Municipal Code Official Training Account] Training
     accounts.--There is hereby established within the State Treasury
     [a] two restricted [account] accounts which shall be known as
     the Municipal Code Official Training Account and the
     Construction Contractor Training Account.
        (c)  Deposit.--Moneys collected as authorized under
     subsection (a) shall be transmitted quarterly to the State
     Treasury and shall be equally divided and deposited in the
     [account] accounts established in subsection (b). Moneys so
     deposited are hereby equally appropriated on approval of the
     Governor to the Department of Community and Economic Development
     for the purpose of education and training programs provided by
     the Pennsylvania Construction Codes Academy for municipal code
     officials and individuals employed by third-party agencies under
     contract to a municipality and to [.] a Pennsylvania-based
     housing research center located at a land grant university for
     the construction industry. To assure the programs meet the needs
     of the construction industry, the education, training and other
     activities provided by such a housing research center shall be
     approved by its industry advisory committee.
        Section 7.  Section 901(b)(1) of the act, amended July 7,
     2006 (P.L.1052, No.108), is amended to read:
      Section 901.  Exemptions.
        * * *
        (b)  Religious beliefs.--
            (1)  An applicant for a construction permit for a
        dwelling unit or one-room schoolhouse utilized by a member or
        members of a recognized religious sect may file an
        application with a code administrator to be exempted from the
        Uniform Construction Code, as provided in this subsection,
        which conflicts with the applicant's religious beliefs. The
        application shall state the manner in which the provision
        conflicts with the applicant's religious beliefs and shall
        include an affidavit by the applicant stating that:
                (i)  the applicant is a member of a recognized
            religious sect;
                (ii)  the religious sect has established tenets or
            teachings which conflict with:
                    (A)  an electrical provision of the Uniform
                Construction Code;
                    (B)  a lumber or wood provision, not relating to
                pressure treatment, of the Uniform Construction
                Code[.]; or
                    (C)  a plumbing provision of the Uniform
                Construction Code.
                (iii)  the applicant adheres to the established
            tenets or teachings of the sect;
                (iv)  in the case of a dwelling unit, the dwelling
            unit will be used solely as a residence for the applicant
            and the applicant's household; and
                (v)  in the case of a one-room schoolhouse, the one-
            room schoolhouse will be used solely by members of the
            religious sect.
            * * *
        Section 8.  This act shall take effect January 1, 2007.

     APPROVED--The 29th day of November, A. D. 2006.

     EDWARD G. RENDELL