Pennsylvania Act 2004-230 — PENNSYLVANIA CONSTRUCTION CODE ACT - REFERENCED STANDARDS AND ABROGATING REGULATIONS

Act text

PENNSYLVANIA CONSTRUCTION CODE ACT - REFERENCED STANDARDS AND ABROGATING
                               REGULATIONS
                 Act of Dec. 1, 2004, P.L. 1773, No. 230              Cl. 35
                             Session of 2004
                               No. 2004-230

     HB 2749

                                  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
        referenced standards; and abrogating regulations.

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

        Section 1.  Section 302 of the act of November 10, 1999
     (P.L.491, No.45), known as the Pennsylvania Construction Code
     Act, is amended to read:
      Section 302.  Referenced standards.
        (a)  General rule.--[The]
            (1)  Subject to paragraph (2), the standards referenced
        in Chapters 30 and 35 relating to elevators and conveying
        systems and referenced standards, respectively, or the
        applicable chapter, of the 1999 BOCA National Building Code,
        Fourteenth Edition, and the American National Standards for
        Passenger Tramways, Aerial Tramways, Aerial Lifts, Surface
        Lifts and Tows, ASME/ANSI B77.1, shall be considered part of
        the requirements of the Uniform Construction Code to the
        prescribed extent of each such reference except that BNPMC-96
        BOCA National Property Maintenance Code and ASME/ANSI A17.3
        (safety code for existing elevators and escalators) shall be
        excluded.
            (2)  The standards under paragraph (1) shall include the
        latest ANSI standards applicable to the operation of ski
        lifts.
        (b)  No preemption.--Nothing contained in this act shall be
     construed to preempt the ability of a municipality to adopt or
     enforce the codes referred to in this section to the extent not
     referenced, in whole or in part, in Chapter 35 relating to
     referenced standards or applicable chapter of the 1999 BOCA
     National Building Code, Fourteenth Edition.
        Section 2.  The act is amended by adding a section to read:
      Section 305.  Existing municipality or municipal authority
                    standards for lateral connections.
        (a)  General rule.--Municipality or municipal authority
     standards for lateral connections located on private property
     and connecting to public infrastructure owned by a municipality
     or municipal authority that were in effect on January 1, 2005,
     and contain provisions that equal or exceed the requirements of
     the regulations promulgated under this act, the Internal
     Residential Code or under the International Plumbing Code shall
     remain in effect until such time as any such provisions fail to
     equal or exceed the minimum requirements of the regulations
     promulgated under this act, at which time the standards shall be
     amended to equal or exceed the minimum requirements of the
     regulations promulgated under this act.
        (b)  Filing requirement.--Municipality or municipal authority
     standards qualifying under subsection (a) shall be filed with
     the department and any local governments served by the
     municipality or municipal authority with such standards.
        Section 3.  The following shall apply:
            (1)  The provisions of 34 Pa. Code § 405.2(a)(4)
        (relating to standards) are abrogated insofar as they relate
        to ski lifts.
            (2)  The provisions of 34 Pa. Code § 405.11(e) (relating
        to accident report) are abrogated insofar as they relate to
        ski lifts.
            (3)  All other regulations are abrogated to the extent of
        any inconsistency with this act.
        Section 4.  This act shall take effect immediately.

     APPROVED--The 1st day of December, A. D. 2004.

     EDWARD G. RENDELL