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PA Bulletin, Doc. No. 02-568

RULES AND REGULATIONS

Title 34--LABOR AND INDUSTRY

DEPARTMENT OF LABOR AND INDUSTRY

[34 PA. CODE CH. 401]

Uniform Construction Code; Training and Certification of Code Administrators

[32 Pa.B. 1849]

   The Department of Labor and Industry (Department), Bureau of Occupational and Industrial Safety (BOIS), by this order adopts these final-form regulations to provide detailed requirements for the training and certification of code administrators under the Pennsylvania Construction Code Act (35 P. S. §§ 7210.701--7210.1103) (act), to read as set forth in Annex A.

   In response to comments received and meetings with affected parties, the Department made some changes to the proposed rulemaking that was published at 31 Pa.B. 3543 (July 7, 2001).

   This notice includes the Department's interpretation of the act of November 10, 1999 (P. L. 491, No. 45) (Act 45) adopting the 1999 BOCA National Building Code, Fourteenth Edition or its successor codes as the Uniform Construction Code (UCC).

Statutory Authority

   These final-form regulations are adopted under the authority provided in section 701(a) of the act (35 P. S. § 7210.701(a)), which provides that the Department, in consultation with the Accessibility Advisory Board (Board), Building Officials and Code Administrators International, Inc. (BOCA), National Conference of State Building Code Standards (NCSBCS) and other interested parties, adopt regulations providing for a program of required training and certification for all categories of code administrators.

   Section 701(e)(1) of the act also requires that the Department adopt regulations setting forth the time period in which current code administrators shall meet the training and certification requirements of the act. Section 701(f) of the act mandates that the Department adopt and implement a continuing education program. The Department is empowered to establish a procedure providing for the notification and hearing process for decertification for just cause under section 701(h) of the act. Authority to adopt and promulgate fees for educational programs, testing and certification of code administrators is contained in section 701(j) of the act. Section 701(k) of the act provides that the Department set minimum levels of liability insurance applicable to third-party agencies.

Background

   The purpose of the act is to establish a Statewide building code, the UCC. This provides uniform standards for builders, and greater protection for building owners and occupants, and the general public. All municipalities in this Commonwealth will utilize the UCC to assure that this Commonwealth has a uniform, modern construction code that will insure safety, health and sanitary construction, promote state-of-the art techniques and encourage cost-effectiveness. An important facet of the act is ''to assure that officials charged with the administration and enforcement of the technical provisions of [the] act are adequately trained and supervised.'' See section 102(b)(6) of the act (35 P. S. § 7210.102(b)(6)). These officials will be certified in categories appropriate to the work performed. The Department will regulate these officials as code administrators and mandate continuing education.

   The UCC takes effect 90 days after the publication of final-form regulations by the Department adopting the required National standards for buildings and energy conservation, and setting forth the administrative provisions under the code. Under section 701 of the act, the Department is required to adopt a program of training and certification for code administrators. Code administrators are municipal code officials, construction code officials, third-party agencies or the Department. Code administrators are generally responsible for plan review of construction documents, inspection of construction or administration and enforcement of codes and regulations under the act or related acts.

   Section 701 of the act took effect on November 10, 1999. Since the passage of the act, the Department received numerous requests for guidance on training and certification from current code administrators, municipalities and third-party agencies. Municipalities, current code administrators and third-party agencies need ample time to plan and prepare for the effective date of the UCC and to complete certification. Accordingly, the Department determined it was necessary to promulgate these regulations on training and certification before the regulations establishing the UCC's administrative and enforcement provisions.

   At 31 Pa.B. 3543, the Department published the notice of proposed rulemaking, inviting all interested parties to provide written comments. As a result, the Department received comments from the following groups and individuals: Gmerek & Hayden; Joe Pirozzi; Robert E. Duncan, Pennsylvania Association of Code Officials (PACO); Michael A. Perrone, Borough of West Chester; John E. Buzard and J. Thomas Traister, Supervisors, Madison Township; Randy Souders, Director, Community Develop and Code Enforcement, Upper Allen Township; William Hartz, Manager of Certification, BOCA; Cindy L. Davis; Middle Department Inspection Agency, Inc. (MDIA); Dingman Township Board of Supervisors; and Senator Mike Waugh and Senator Charlie Dent. The Department also received written comments from the Independent Regulatory Review Commission (IRRC), in a letter dated September 7, 2001, and met with analysts from IRRC.

   The Department submitted a request, under 45 Pa.C.S. § 727(9) (relating to matter not required to be published) for designation of the International Building Code 2000 and the International Residential Code for One- and Two-Family Dwellings as a generally available publication approved by the Legislative Reference Bureau. The Department was granted this request on December 28, 2001.

Compliance with Executive Order 1996-1, Regulatory Review and Promulgation

   Since the passage of the act, extensive outreach and communication efforts have been undertaken to gain input from the various affected parties including representatives from BOCA, three regional Pennsylvania Chapters of BOCA, Pennsylvania Code Training Consortium (CTC), Pennsylvania Housing Research Center, Building Codes Assistance Project, United States Department of Energy and the Department of Health of the Commonwealth. Department representatives met almost weekly with interested persons to answer questions and solicit comment.

   The Department attended the CTC's inaugural meeting in October 1999 and has attended its subsequent quarterly meetings. On December 16, 1999, the Department held a general stakeholders' meeting to discuss the act and identify stakeholders. On June 16, 2000, the Department posted a draft of this training and certification regulation on its website www.dli.state.pa.us and solicited comments from stakeholders.

   The Department received, reviewed and answered numerous e-mails and faxes from stakeholders, construction code officials, trade associations and local governments concerning certification and other aspects of the UCC. On July 19, 2000, the Department held a second stakeholders' meeting on its draft training and certification regulations. On July 26, 2000, the Department posted some proposed changes to its draft regulations on its Internet site. On October 18, 2000, Department representatives met with members of Pennsylvania Building Officials Conference at their annual conference to discuss training and certification requirements. The rulemaking was also discussed with the Department's Board. The Department published the notice of proposed rulemaking at 31 Pa.B. 3543. This notice contained an invitation for all interested parties to provide written comments. It also posted the proposed rulemaking on its website.

Purpose

   The act's purpose is to insure safe, uniform, cost-efficient, modern construction standards throughout this Commonwealth by adopting a Statewide building code governing the construction, alteration, repair and new occupancy of all structures in this Commonwealth. See section 102(b) of the act. Officials charged with the administration and enforcement of the technical provisions of the act shall be adequately trained and supervised. These regulations provide a certification program, based upon consultation with BOCA, and establishes minimum continuing education requirements for code administrators for the specific work that is to be performed. They also contain procedures for decertification of code administrators for just cause. They also provide the insurance requirements for third-party agencies that may be contracted with to act as a construction code official for residential property owners, local governments and the Department. The regulations also set the time period for current code administrators to meet the certification requirements of Act 45, and provide for the registration of current code officials until these requirements are met. The regulations set forth fees for initial certification and registration, certification renewal, third-party agency certification and renewal and identification replacement.

Affected Persons

   Current and prospective code administrators including employees of the Department, municipalities, political subdivisions and third-party agencies are affected by this regulation. These persons are required to meet the certification requirements of Act 45, including the specific category testing to perform their duties. Code administrators will have to complete mandatory continuing education hours to renew certifications. Employers will insure that code administrators meet this chapter's requirements. Third-party agencies will have to obtain appropriate insurance coverage. The Department will have to provide staffing requirements to provide the certification and renewal of code administrators. The general public is also affected in that the use of trained and certified building code administrators to perform building inspections will increase public safety.

Fiscal Impact

   The Commonwealth will incur ongoing costs related to the administration of the new certification provisions. These costs will be greater at the onset of the certification program and will decrease over the course of 5 years. These administrative costs are the result of the act's requirements.

   The Department will be required to augment its existing staff to review, process and evaluate applications for certification of code administrators. The Department, an employer of code administrators, will be required to train and certify its existing employees. Further, the Department will also incur costs in providing continuing education for its employees.

   Local governments will only incur costs if they decide to administer and enforce the UCC. Local governments that conduct building code programs, and third-party agencies which hire code administrators, will incur costs associated with training, certification and continuing education of their employees. To offset these costs, local governments will be able to charge plan review and building permit fees to owners or builders. Third-party agencies will have to pay the costs to obtain appropriate insurance coverage.

Responses to Comments

   The following addresses the common areas of concerns found in the comments received from the public and IRRC:

   Some of the definitions in § 401.1 (relating to definitions) were changed in response to a number of comments. Two commentators, Gmerek & Hayden and Joe Pirozzi, objected to the number of occupation certifications for elevator and lifting device inspection found in the proposed rulemaking in §§ 401.6 and 401.7 (relating to certification categories and testing; and certification category specifications). The Department changed §§ 401.6 and 401.7 by deleting the categories for conveying system inspector, belt manlift inspector and auto lift inspector in response. The changes to these sections also necessitated a change in the definitions found in § 401.1.

   IRRC commented that the definitions for ''code administrator'' and ''construction code official'' differ from the definitions found in the act and suggested that these definitions contain cross references similar to definitions in the act. IRRC also questioned whether the term ''current code administrator'' pertains to only employees of third-party agencies. The term current ''code administrator'' applies to persons currently performing code administration. The Department revised these terms to reflect the act. Upon further review of this rulemaking, the Department determined that the definitions for ''code administrator,'' ''current code administrator'' and ''construction code official'' did not include elevator and passenger ropeway inspectors. The Department rewrote the definitions for ''code administrator'' and ''construction code official'' to reflect and incorporate the act's definitions. It also rewrote the definitions for ''code administrator,'' ''current code administrator'' and ''construction code official'' to include elevator and passenger ropeway inspectors by containing a reference to equipment in the definitions.

   Four commentators, IRRC, Robert Duncan, Michael A. Perrone and Cindy L. Davis stated the Department should provide a certification category for BOCA Certified Building Code Official (CBO). The Department addressed this concern in § 401.5(a)(3) (relating to waivers) by adding the CBO category. The changes to that section necessitated the addition of a definition for ''certified building code official'' in § 401.1

   IRRC and the MDIA stated the definition of ''third-party agency'' should be added to the regulations. The Department added the definition of ''third-party agency'' from the act as suggested by the MDIA. The MDIA also stated that the Department must determine when an individual who is employed by more than one municipality must be licensed as a third-party agency. The definition of ''third-party agency'' clearly applies to individuals as well as firms and corporations. Whether an individual is a third-party agency or a municipal employee will be determined on the basis of that individual's contractual or employment relationship with the municipality.

   Section 401.2 (relating to Department fees) was changed to clarify how fees will be charged. The final-form regulations state that the Department will charge one fee per application, and an applicant may apply for multiple categories on a single application. The Department has also deleted the requirement for a photo identification card. The Department planned to contract with the Department of Transportation for photo identification cards to make the cards readily available throughout this Commonwealth and to decrease costs. The Department subsequently learned that a separate card would have to be issued for each certification category or the cost of the cards would rise significantly. To reduce costs for construction code officials and the Department, the Department will issue a certification identification card without a photograph.

   IRRC questioned how the Department's fees were determined under § 401.2. The Department established its fees based on the actual costs for its asbestos and lead-based paint occupation certification programs. The Department will use the same personnel and procedures for certifying construction code officials.

   The Department changed § 401.3 (relating to certification required) to reflect changes made to other sections of this rulemaking. Section 401.3(a) was amended to allow a registered construction code official to perform plan review, inspection and administration and enforcement of the UCC to reflect current code administrators who must register under § 401.15 (relating to registration of current code administrators). Additionally, § 401.3(b) was amended to reflect certification category changes in §§ 401.6 and 401.7. The term ''accessibility specialist'' was changed to ''accessibility inspector/plans examiner'' because of BOCA's revisions to its certification categories. Additionally, this section was changed to reflect the certification requirement relating to inspection and plan review of equipment such as elevators.

   Section 401.4 (relating to application and identification) was changed to reflect the deletion of photo identification cards. This section now refers to identification cards and not to photo identification cards.

   The certification waiver provisions of § 401.5 were changed in response to comments received by the Department. Commentators, Randy Souders and the MDIA objected to the certification requirements for current code administrators. Randy Souders suggested that current code administrators receive credit for actual work experience. BOCA suggested revising the term ''continued employment'' in § 401.5(a)(2)(i) to ''continuous employment.'' IRRC and the MDIA questioned whether continued employment in a related field referred to just employment as an inspector or included employment in construction or installation as well.

   The Department decided that experience alone was insufficient to waive the testing requirement and will provide some waivers for testing for current code administrators in the final-form regulations. The Department modified § 401.5 to clarify this issue for current code administrators. The Department added the term current code administrator to § 401.5(a)(2)(i). This allows for waiver of the testing requirements for applicants who have passed substantially similar tests at any time as long as they can provide evidence of employment as a current code administrator or 30 hours of continuing education or a college degree program in associated fields.

   The MDIA also suggested that the Department modify § 401.5(a)(2)(ii) to include current certification by a National professional association of inspectors as a condition for waiver in addition to certification by a model code organization. The Department did not make this suggested change. Model code organizations have specific training, testing and continuing education requirements for certification. Professional associations generally do not have these requirements.

   IRRC questioned what would constitute evidence of substantial education in associated fields under § 401.5(a)(2)(iii) and suggested that the Department clarify this language. The Department modified this subsection to require evidence of completion of 30 hours of continuing education or a college degree program in associated fields.

   Four commentators, IRRC, PACO, Michael A. Perrone and Cindy L. Davis objected to the absence of a certification category for BOCA CBO. The Department added § 401.5(a)(3) to allow individuals who passed the CBO examination to waive the examination requirements for the residential building inspector, building inspector and building plans examiner categories.

   IRRC sought information on the required application fee for waiver under § 401.5(b). The Department amended this section to cross reference the application fee under § 401.2.

   Sections 401.6 and 401.7 were changed in response to the comments received by the Department. The Department changed all the certification category references from one and two family dwellings to residential to conform to the administrative and enforcement provisions of the UCC that the Department is currently drafting. BOCA suggested the revision of the fire prevention inspector category to fire inspector I and the revision of the accessibility specialist to accessibility inspector/plans examiner because of the changes BOCA made to its certification categories. The Department made the suggested changes. However, the Department will use the designation fire inspector without the ''I'' because the Department will recognize only one certification in this category. The certified building code official category was also added to this section as discussed previously.

   Commentators, IRRC, Gmerek & Hayden and Joe Pirozzi, objected to the number of occupation certifications for elevator and lifting device inspection found in the proposed rulemaking in §§ 401.6 and 401.7. The proposed rulemaking contained certification test requirements and specifications for elevator inspector, belt manlift inspector, conveying system inspector and passenger ropeway inspector. Gmerick & Hayden stated that the Department currently maintains jurisdiction over these types of devices with only one inspector category and that other jurisdictions do not require multiple licenses for lifting device inspection. In addition, Joe Pirozzi commented that categories for elevator inspector and ski-lift/tram inspector would be adequate. In response to these comments, the Department deleted the auto lift, belt manlift and conveying system inspector categories.

   IRRC and Robert Duncan questioned the large number of certification categories. Robert Duncan provided the example of a sole inspector in a small municipality requiring 18 certifications. Michael Perrone suggested that a person who is certified as a commercial inspector would be qualified to perform the corresponding inspections for residential structures without additional certification. The Department agrees and redrafted the certification specifications in § 401.7 to allow building, electrical, mechanical, plumbing and energy inspectors certified to perform inspections on commercial buildings to perform these same inspections on residential buildings without obtaining the equivalent residential certification. This may greatly reduce the number of required certifications.

   Robert Duncan also objected to the testing requirements for the energy inspector classifications. PACO was concerned over the three separate tests for various energy certification categories. The proposed rulemaking required separate tests for residential, commercial and plan approval. In response to this comment, the Department redrafted the certification specifications in § 401.7 to allow building energy inspectors certified to perform inspections on commercial buildings to perform energy inspections on residential buildings without obtaining the equivalent residential energy inspector certification.

   Section 401.8 (relating to certification renewal) was changed in response to IRRC's comments. IRRC asked how the Department would make renewal information and forms available to the public. The Department amended § 401.8(b) to state that the Department will post renewal forms on its website and that it will also provide the form upon request. The Department will also make the forms available through municipal and professional associations, municipalities and the Department of Community and Economic Development (DCED). IRCC also questioned the required renewal fee. The Department amended § 401.8(b) to reference the fees for renewal applications stated in § 401.2. Certificationholders are responsible for monitoring the expiration date of their certification. However, the expiration date will be posted on every certification identification card.

   The Department also changed § 401.8(a) to clarify that if a certificationholder receives a certification in an additional category, the expiration date of the existing certification will be the date of expiration for the additional certification category. The Department made this change to avoid redundant renewals and unnecessary expenses and inconvenience to certificationholders. Obtaining additional certification requires the completion of additional examinations and preparation. A certificationholder still must complete required continuing education under this amendment.

   BOCA recommended deleting § 401.8(e)(5) which requires a training provider to state the subject matter of a course on the certificate of attendance. BOCA stated that it does not provide this information. However, § 401.9(a) (relating to continuing education) requires at least 1/3 of an applicant's continuing education credits be in approved courses related to the applicant's certifications. Without having information on course subject matter, the Department would be unable to verify this requirement. Accordingly, the Department did not make this suggested change. The Department will work with BOCA so that this information is available for certification purposes.

   Section 401.9 was changed in response to comments received by the Department. BOCA recommended that the Department specify the credit hours that will be awarded for a certification examination and for attendance at code change hearings. The Department revised § 401.9(b) to specify the number of credits awarded in these areas:

   1.  General courses: One credit hour for each 60 minutes actually spent at one course except as otherwise listed in this subsection.

   2.  Self-study course: One credit hour for each 60 minutes of completion time calculated by the sponsor.

   3.  Certification examination: Five credit hours for an examination in an additional certification category.

   4.  Model code organization code change hearing: One credit hour for each 60 minutes actually spent in attendance.

   Section 401.10 (relating to Department-approved providers) was changed in response to IRRC's comments. IRRC asked how the Department would notify code administrators and construction code officials of approved training providers. The Department added the provision that it will make approved provider information available on its website and that it will also provide this information upon request in subsection (b). The Department will also make this information available through DCED and CTC.

   Section 401.11 (relating to certification of third-party agency) was changed to clarify the process for certification renewal for third-party agencies. The Department added § 401.11(f) which will require a third-party agency to meet all of the following requirements for certification renewal: 1) submission of a completed renewal form; 2) payment of the required fee under § 401.2; 3) submission of proof of liability insurance coverage under § 401.12 (relating to liability insurance); and 4) that it is not decertified under § 401.14 (relating to decertification or refusal to certify).

   The MDIA objected to the type of insurance coverage required by proposed § 401.12. The MDIA agreed with the Department's adoption of a minimum of $1 million of errors and omissions insurance as required in § 401.12(a). However, it suggested that the Department also require an additional $1 million in general liability insurance coverage.

   The Department, under section 701(k) of the act, is requiring professional errors and omissions insurance. It determined that this requirement is more appropriate than compelling general liability insurance coverage. An errors and omissions policy covers plan review and inspection. A general liability policy covers general casualty. Requiring insurance under both policies would be an expense that is not necessary to comply with the act's purpose and actual language.

   The Department also amended § 401.13 (relating to list of code administrators) based on IRRC's comment. IRRC stated that the final-form regulations should state how the public and municipalities could access the Department's list of certified code administrators. Section 401.13 was amended and will provide that the Department will maintain a list of code administrators and their certification categories on its website and that the Department will also provide this information upon request.

   The Department revised § 401.14(a)(8) to provide for reciprocal action or certification denial based upon certification actions undertaken by the proper authority in Canada in addition to state and Federal jurisdictions.

   The Department amended § 401.14(c)(4) in response to IRRC's comments. IRRC commented that this subsection, requiring a presiding officer to promptly transmit a proposed report in a decertification proceeding to the Secretary, is vague. It suggested the insertion of a specific time period. The Department added that the proposed report would be transmitted to the Secretary within 15 days after issuance.

   IRRC questioned the requirement in § 401.14(e)(2) which stated that a code administrator who has been convicted of a felony or crime related to code enforcement must demonstrate that he is fully rehabilitated before the Department will reinstate his certification. IRRC stated the regulation had no criteria to determine full rehabilitation and suggested the Department add criteria to the final-form regulations. The Department deleted any references to rehabilitation and replaced it with the requirement that recertification may not be detrimental to public health and safety. This should alleviate the ambiguity noted by IRRC and still provide for public protection.

   IRRC and Robert Duncan questioned the time period for registration of current code administrators found in § 401.15. The proposed rulemaking allowed current code administrators engaged in plan review or inspection of residential structures to continue to perform these activities without meeting the training and certification requirements of this regulation for 3 years from the effective date of adoption of this rulemaking. It allowed current code administrators engaged in plan review or inspection of commercial structures to continue to perform these activities without meeting the training and certification requirements of these regulations for 5 years from effective date of adoption of this rulemaking. These current code administrators are required to meet the certification requirements of these regulation at the end of the 3- or 5-year period.

   The Department slightly modified § 401.15 from the proposed rulemaking to, in part, reflect IRRC and Robert Duncan's comments. These final-form regulations will allow current code administrators to engage in activities for residential construction for 3 years and 5 years for commercial construction. However, the time period will commence from the effective date of the final-form rulemaking for the administrative and enforcement provisions of the UCC that the Department will submit. This should provide even more time for the training and certification of code administrators. Additionally, this effective date is more reasonable because it reflects a time period when the UCC will be in effect. The UCC also has to be in effect so that the Department may provide testing for the building code official and passenger rope inspector categories.

   The Department also promulgated the training and certification regulation before the administrative and enforcement provisions of the UCC. The Department posted its draft training and certification regulation on its website on June 16, 2000, to give municipalities and current code official notice of the anticipated requirements. The 3- and 5- year time periods, in addition to this previous posting, provide municipalities and current code officials with sufficient time to plan and train for certification. This need for ample notification is balanced against the desire to implement a UCC as soon as possible and within the discretionary time that the General Assembly provided to the Department in section 701(e) of act (Residential: 3-7 years/Commercial: 5-10 years).

   IRRC and Robert Duncan questioned whether current code administrators would lose registration and the ability to conduct plan review or inspections during the 3- or 5-year registration period for changing employers during that time period. A current code administrator would not lose registration for a change of employers because the registration is issued to the code administrator and not to the employer. However, the Department added § 401.15(g), which states that a current code administrator is not required to obtain a new registration for a change of employer. The Department also added subsection (h) to clarify that a current code administrator may not perform reviews or inspections relating to accessibility requirements.

   BOCA suggested that an additional subsection be added to § 401.15 to clarify that the 5-year registration period for current code administrators does not apply to the accessibility inspector/plans examiner certification category. The Department considered and ultimately rejected this suggestion. Section 701(e)(2) of the act clearly provides that the Department will retain jurisdiction over the accessibility provisions of the UCC until municipal code administrators meet the requirements for certification.

   Cindy L. Davis stated that the terms ''code administrator,'' ''construction code official'' and ''building code official'' appear to be used interchangeably. A code administrator is the category that covers all persons who perform plan review of construction documents, or administer and enforce regulations. The term includes a municipal code official, construction code official, a third-party agency and the Department. A construction code official is an individual certified by the Department in any category established under section 701(b) of the act. A construction code official will perform plan review of construction documents, inspect construction or enforce and administer codes and regulations. Separate proposed rulemaking for the administrative and enforcement provisions of the UCC will contain a specific definition for building code official. A building code official will be the construction code official that supervises, manages and enforces building enforcement activities. However, the Department reviewed this entire chapter and made changes in the terminology to insure that these terms were used consistently and clearly. Additionally, future rulemaking on the administration and enforcement portion of the UCC will further explain the distinctions between these terms.

   Senator Mike Waugh and Senator Charlie Dent wrote to the Department to inform it of issues relating to rehabilitation of existing structures. The letter was informative. However, no change in the regulations was required.

   The Dingman Township Board of Supervisors commented that there may a serious shortage of trained and qualified construction code officials during the UCC's initial implementation period. The Dingman Township Board of Supervisors suggested that the Department take adequate steps to insure that there are an adequate number of qualified individuals in all geographic areas of this Commonwealth. The Department is aware of this potential problem and is attempting to plan for and adequately staff Department personnel to cover any need for qualified personnel.

   The Department received a comment on the Board of Appeals requirement under the administrative and enforcement provisions of the UCC from the Dingman Township Board of Supervisors. This is not a matter addressed by this rulemaking. The Department will address this comment in its proposed rulemaking for administration and enforcement.

   The Department also received a letter from the Madison Township Supervisors expressing concern over the new building code inspection requirements and stating that rural municipalities cannot afford the hiring of inspectors with all of the required certifications and that implementation of this chapter will significantly impact the township's income and bring challenges from their constituents if they opt out. However, the Department is required by the act to adopt the IBC 2000 and require certification of the building code officials.

   IRRC commented that the required number of certifications and related training would place a financial burden on small municipalities that maintain a qualified code administrator. IRRC suggested that the regulations specifically allow municipalities to share code administrators. However, these regulations focus specifically on training and certification requirements. This chapter does not address the manner in which municipalities may administer the UCC program. The Department's future rulemaking for administration and enforcement will address UCC enforcement. The Department will allow joint enforcement by municipalities and sharing of building code officials under section 501(b) of act (35 P. S. § 7210.501(b)).

Effective Date

   This final-form rulemaking takes effect July 12, 2002.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 26, 2001, the Department submitted a copy of the notice of proposed rulemaking, published at 31 Pa.B. 3543, to IRRC and to the Chairpersons of the Senate Committee on Labor and Industry and the House Labor Relations Committee for review and comment.

   The Department also provided the Committees and IRRC with copies of the comments received as well as other documentation in accordance with section 5(c) of the Regulatory Review Act (71 P. S. § 745.5(c)). In preparing these final-form regulations, the Department considered the comments from IRRC, stakeholders and the public. The Department did not receive comments from the Senate or House Committees.

   Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), these final-form regulations were deemed approved by the House and Senate Committees on February 27, 2002. IRRC met on March 7, 2002, and approved these final-form regulations in accordance with section 5.1(e) of the Regulatory Review Act.

Contact Person

   The contact person is Charles J. Sludden, Director of the Bureau of Occupational and Industrial Safety, Department of Labor and Industry, Room 1613, Labor and Industry Bldg., 7th and Forster Streets, Harrisburg, PA, 17120, csludden@state.pa.us.

Findings

   The Department finds that:

   (1)  Public notice of intention to promulgate administrative regulations by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the related regulations at 1 Pa. Code §§ 7.1 and 7.2.

   (2)  The final-form regulations adopted by this order are necessary and appropriate for the administration of the act.

Order

   The Department, acting under the authorizing statutes, orders that:

   (a)  The regulations of the Department, 34 Pa. Code, are amended by adding §§ 401.1--401.16 to read as set forth in Annex A.

   (b)  The Secretary of the Department shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as required by law.

   (c)  The Secretary of the Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect July 12, 2002.

JOHNNY J. BUTLER,   
Secretary

   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 32 Pa.B. 1590 (March 23, 2002).)

   Fiscal Note: Fiscal Note 12-57 remains valid for the final adoption of the subject regulations.

Annex A

TITLE 34.  LABOR AND INDUSTRY

PART XIV.  UNIFORM CONSTRUCTION CODE

CHAPTER 401.  UNIFORM CONSTRUCTION CODE TRAINING AND CERTIFICATION OF CODE ADMINISTRATORS

Sec.

401.1.Definitions.
401.2.Department fees.
401.3.Certification required.
401.4.Application and identification.
401.5.Waivers.
401.6.Certification categories and testing.
401.7.Certification category specifications.
401.8.Certification renewal.
401.9.Continuing education.
401.10.Department-approved providers.
401.11.Certification of third-party agency.
401.12.Liability insurance.
401.13.List of code administrators.
401.14.Decertification or refusal to certify.
401.15.Registration of current code administrators.
401.16.Change of address or employer.

§ 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, P. O. Box 33116, Indialantic, Florida, 32903-3116.

   ASME--The American Society of Mechanical Engineers, Three Park Avenue, New York, New York 10016-5990.

   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).

   Certified building official--A classification administered by the International Code Council or its predecessor organization.

   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.

   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.

   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 the effective date of the final-form regulations for the Uniform Construction Code.

   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.

   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.

   Secretary--The Secretary of the Department.

   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.

   Uniform Construction Code--The International Building Code First Edition 2000, the International Residential Code for One- and Two- Family Dwellings 2000, available from BOCA International, 4051 W. Flossmoor Rd., Country Club Hills, IL 60478-5795, 1 (800) 214-4231; and any standards adopted by the Department in this chapter under section 301 of the act (35 P. S. § 7210.301).

§ 401.2.  Department fees.

   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.

§ 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.

§ 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 § 401.5 (relating to waivers) within the 6 years prior to July 12, 2002.

   (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.

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