PROPOSED RULEMAKING
DEPARTMENT OF LABOR AND INDUSTRY
[34 PA.CODE CHS. 401, 403 AND 405]
Uniform Construction Code; Administrative and Enforcement; Elevators and Other Lifting Devices
[32 Pa.B. 4127] Under section 301 of the Pennsylvania Construction Code Act (act) (35 P. S. § 7210.301), the Department of Labor and Industry, Bureau of Occupational and Industrial Safety (Department) is submitting this proposed rulemaking as the administrative and enforcement provisions and standards for elevators and other lifting devices of the Uniform Construction Code (UCC).
The Department proposes this rulemaking for the adoption and enforcement of the UCC under sections 301--304 of the act (35 P. S. §§ 7210.301--7210.304) to read as set forth in Annex A. This notice of proposed rulemaking includes the Department's interpretation of the provisions of the act adopting the ''1999 BOCA National Building Code,'' Fourteenth Edition or its successor codes as the UCC. The current successor code is the ''International Building Code 2000'' (IBC).
Statutory Authority
This proposed rulemaking is issued under the authority provided in section 301 of the act, which requires the Department to promulgate regulations adopting the ''1999 BOCA National Building Code'' and allows the Department to make changes to Chapter 1 of the ''1999 BOCA Code.'' The Department must also adopt the ''International Fuel Gas Code'' and prescriptive methods for energy related standards under section 301 of the act.
Section 301 of the act requires that the regulations include a provision that gives the Department exclusive power to grant modifications and decide issues of technical infeasibility under the accessibility provisions of the UCC. The regulations must provide for a system of Department-conducted, periodic compliance reviews for accessibility, and an exception to the BOCA stairway tread and riser provisions for one-family and two-family dwellings.
Section 105(c) of the act (35 P. S. § 7210.105(c)) continues the Department's administrative and inspection authority over elevators and other lifting devices. This section also allows the Department to modify the standards of the ''BOCA Code'' for elevator construction, repair, maintenance and inspection. The Department may also set plan review and inspection fees under section 301(d)(2) of the act.
Background
The act establishes a Statewide building code, the UCC. This UCC provides uniform standards for builders and design professionals, and greater protection for building owners and occupants and the general public. The Department, municipalities and third-party agencies in this Commonwealth will utilize the UCC to insure that this Commonwealth has a uniform construction code that will promote safety, health, sanitary construction, state-of-the art techniques and cost-effectiveness in residential and commercial construction.
This proposd rulemaking establishes administrative provisions, enforcement provisions and elevator and other lifting devices standards for the UCC required by the act. This proposed rulemaking adopts model construction codes issued by the International Code Council (ICC) as part of the UCC. For elevators and lifting devices, this proposed rulemaking adopts: ''The American Society of Mechanical Engineers (ASME) A17.1,'' 2000 Edition, Parts I--VIII with exceptions; ASME B20.1, 1996 Edition including ASME B20.1b-1998 for conveying systems; ASME A90.1, 1997 Edition including ASME A90.1a-1999 for belt man-lifts; ''The American National Standards Institute (ANSI) B77.1,'' 1999 Edition for passenger ropeways; and ''ASME A18.1,'' 1999 Edition including ASME A.181a-2001a addenda for wheelchair and stairway lifts with changes.
The Legislative Reference Bureau informed the Department on December 28, 2001, that model codes and guidelines intended for adoption under the UCC are ''generally available publications'' meeting 45 Pa.C.S. § 727(9) (relating to matter not permitted to be published). These codes included model codes for construction issued by the ICC, standards for elevators issued by the American Society of Mechanical Engineers, the Department of Energy guidelines for energy conservation (COMcheck EZ™ and MECcheck™ ) and the ''Code for the Conservation of Space Conditioning for Housing in Pennsylvania: The PHRC alternative to Chapter 11, Energy Efficiency, of the International Residential Code (IRC) 2000 for Use in Pennsylvania.''
The final-form regulations for the UCC's training and certification requirements under section 701 of the act (35 P. S. § 7210.701) were published at 32 Pa.B. 1849 (April 13, 2002).
Compliance with Executive Order 1996-1, Regulatory Review and Promulgation
Since the passage of the act, the Department has undertaken extensive outreach and communication efforts to gain input from the various affected parties. Department representatives have participated in over 50 public presentations with over 3,500 attendees.
Members of the Department's Implementation Team also met with and communicated with interested persons and groups to answer questions and obtain their suggestions. These groups include: three Pennsylvania Chapters of Building Officials & Code Administrators, Inc (BOCA); representatives from BOCA International; Pennsylvania Code Training Consortium; Pennsylvania Housing Research Center (PHRC); Pennsylvania Builders Association; American Institute of Architects (Pennsylvania Chapter); City of Harrisburg; City of Pittsburgh--Bureau of Building Inspection; Keystone Chapter of Associated Builders and Contractors; Pennsylvania Ski Areas Association; Pflow Industries: Inc.-Vertical Reciprocating Conveyor Group; PM Associates of York--elevator inspectors: Delta Development Group representing Steel Inspection Agency; the Borough of Mount Joy; Building Codes Assistance Project; Pennsylvania Hospitals Association; Pennsylvania Manufactured Housing Association; Modular Building Systems Association; Pennsylvania State Association of Township Supervisors; Pennsylvania State Association of Boroughs; PP&L Utility; Pennsylvania Department of Health; Pennsylvania Emergency Management Agency; Department of Community and Economic Development (DCED); Department of General Services; and the United States Department of Energy.
The Department utilized a website, www.dli.state.pa.us, to provide updates on the regulatory process and to solicit comments and questions. The Department also utilized its website to notify stakeholders of regulation updates and drafts. The stakeholder list comprises approximately 375 interested parties.
The Department held three large stakeholder meetings on December 16, 1999, July 19, 2000, and May 31, 2001. Prior to the May 31, 2001, stakeholders' meeting, the Department posted a first draft of this proposed rulemaking on its website for stakeholder comment. The rulemaking was reviewed with the Department's Industrial Board and Accessibility Advisory Board. The Department plans to hold three public hearings on this proposed rulemaking during the public comment period. This proposed rulemaking is also posted on the Department's website.
On March 5, 2002, Department representatives briefed the Pennsylvania House of Representatives' Local Government Committee on the UCC and the Department's progress on implementing regulations.
Purpose
As stated in section 102(b) of the act (35 P. S. § 7210.102(b)), the purpose of the act is to insure safe, uniform, cost-efficient and comprehensive construction standards throughout this Commonwealth by adopting a Statewide building code governing the construction, alteration, repair and new occupancy of structures.
This proposed rulemaking sets forth the administrative and enforcement provisions of the Statewide building code. It establishes the UCC's scope, lists the prescriptive methods adopted by the Department to comply with the ''International Energy Conservation Code'' and provides definitions and standards for child-care facilities required by the act. This proposed rulemaking also prescribes the permit and inspection processes for commercial and residential construction. It establishes enforcement procedures including notice of violations, orders to show cause and vacate and stop work orders. It provides for the retention and sharing of records between the Commonwealth and municipalities choosing to enforce the UCC. This porposed rulemaking establishes procedures for municipalities to opt in or out of UCC enforcement.
This proposed rulemaking also sets forth the requirements for municipal boards of appeal to decide requests for variances, extensions of time and to hear appeals of code administrator decisions under the act. It specifies safety standards for passenger elevators, conveying systems, lumber elevators, stage lifts, orchestra and organ console elevators and other lifting devices.
Summary of Proposed Rulemaking Section 401.1. Definitions.
This section provides definitions for the terms used in these regulations. The section defines the appeals and advisory boards that will hear variance requests and appeals under the UCC which are the ''Accessibility Advisory Board,'' ''Industrial Board'' and municipal ''board of appeals.'' It also defines the ''variance'' requests these bodies will hear and determine.
This section identifies and provides the addresses for the ''American National Standards Institute'' (ANSI), ''American Society for Testing and Materials'' (ASTM), ''American Society of Mechanical Engineers'' (ASME), ''ICC,'' ''National Evaluation Services, Inc.'' and ''Pennsylvania Housing Research Center (PHRC).'' It identifies and provides citations to ''Chapter 11 of the ''International Building Code 2000,'' ''Code Requirements for Housing Accessibility,'' ''ICC Electrical Code, International Building Code,'' ''International Energy Conservation Code,'' ''International Fire Code,'' ''International Fuel Gas Code,'' ''International Mechanical Code,'' ''International Plumbing Code'' and ''International Residential Code.''
This section provides definitions for ''building,'' ''conveyor'' and ''structure.'' A ''building'' is defined as a structure used or intended for supporting or sheltering any occupancy. A ''conveyor'' is defined as a device for moving or transporting bulk materials, packages or objects in a predetermined designed path. A ''structure'' is defined as a combination of materials that are built or constructed with a permanent location or attached to something that has a permanent location. The definition for ''structure'' will include all buildings.
This section provides a definition for ''building code official'' and ''person.'' A ''building code official'' is defined as the construction code official who supervises and administers building code enforcement activities. A ''person'' includes the governing authority for a county or municipality and a government entity other than the Commonwealth.
The alternative prescriptive methods to meet the energy conservation requirements of the UCC are defined. These prescriptive methods are found in COMcheck EZ™ , MECcheck™ and the ''PHRC Alternative to Chapter 11.''
This section contains definitions for ''certificate of occupancy,'' ''filing date'' and ''permit.'' The definition of ''certificate of occupancy'' is the document issued by the building code administrator, allowing the building or structure to be occupied. A ''permit'' is defined as the document issued by the building code official, allowing the construction, alteration, repair and demolition to a building, elevator or equipment. The ''filing date'' is the date the building code official receives the completed permit application.
This section defines: ''family child day-care home'' and ''group child day-care home'' as provided in section 3.6(g) of the act of April 27, 1927 (P. L. 465, No. 299) (35 P. S. § 1223.6(g)), known as the Fire and Panic Act; ''health care facility'' as provided in Health Care Facilities Act (35 P. S. §§ 448.101--448.904b); ''State-owned building,'' the ''Fire and Panic Act'' and the ''Health Care Facilities Act.''
This section also defines ''residential building'' and ''commercial construction.'' A ''residential building'' is defined as construction relating to detached one-family and two- family dwellings and multiple single-family dwellings (townhouses) that are not more than three stories in height with a separate egress and their own accessory structures. ''Commercial construction'' is defined as a building, structure or facility that is not a residential building.
This section also defines ''industrialized housing'' and ''manufactured housing.'' ''Industrialized housing'' is defined under section 3 of the Industrialized Housing Act (35 P. S. § 1651.3). Housing units defined as mobile homes are excluded from the definition. ''Manufactured housing'' is defined as housing which bears a label as required by and referenced in the Manufactured Housing Act (35 P. S. §§ 1656.1--1656.9), certifying that it conforms to Federal construction and safety standards adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C.A. §§ 5401--5426).
Section 401.2. Department fees.
This section establishes Department fees for issuance of commercial building permits and inspections, and elevator and lifting device, plan review and inspections.
Permit fees for new construction are calculated based on use group and square footage. The Department established these fees using the BOCA fee table. These fees were calculated to cover the Department's projected costs for plan review, inspection and enforcement functions.
The permit fee for alterations and modifications is 5.5¢ × cost of construction. The Department established this fee based on the Center Region Council of Governments' fee schedule. The section contains fees for review of revised plans, interim accessibility plan reviews and inspections and Industrial Board and Accessibility Advisory Board variance requests.
The elevator and lifting device fees are based on current Department charges for permits and inspections. Several of the fees were increased to reflect additional costs for plan reviews and inspections anticipated by the Department with the implementation of the UCC.
Section 401.2a. Municipal and third-party agency fees.
This section provides that a municipality or third-party agency that enforces the UCC may establish fees for plan review, inspections and other UCC-related activities. This section requires the municipal building code official or third-party agency to make the fee schedule available to the public. A municipality or third-party agency may establish a fee refund policy, withhold the issuance of a certificate or permit until the fee is paid and establish other fees authorized by law.
Chapter 403. Administration Section 403.1. Scope.
This proposed section applies to the construction, alteration, repair, movement, equipment, removal, demolition, location, maintenance, occupancy or change of occupancy of every building or structure occurring on or after the effective date of this rulemaking and to all existing structures that are not legally occupied.
This proposed section does not apply to: new construction or renovation for which a permit application was made or a design or construction contract was signed prior to the effective date of the regulations; accessory buildings; or agricultural buildings. A code administrator may exempt a dwelling unit from the UCC's electrical provisions under section 901(b) of the act (35 P. S. § 7210.901(b)), if the unit is utilized by a member of a recognized religious sect which opposes the use of electricity.
A permit issued under construction regulations before the effective date of adoption of final-form rulemaking will remain valid as long as the construction commenced within 2 years from the issuance date of the permit or a time period specified by municipal ordinance, whichever is less.
A legal occupancy of a structure existing on the effective date of adoption of final-form rulemaking may continue without change except where the UCC provides otherwise.
The UCC will apply to residential buildings or structures governed by a homeowners or community associations under section 104(d)(2)(ii) and 304(a)(2) of the act (35 P. S. §§ 7210.104(d)(2)(ii) and 7210.304(a)(2)).
§ 403.2. Other statutes or ordinances.
Under section 104(d)(1) of the act, the UCC preempts and rescinds all construction standards established by statute, regulation or local ordinance. This section also sets forth the effect of ordinances adopted by a city of the first class under section 303(a)(2) of the act.
Standards § 403.21. Uniform Construction Code.
This section adopts, under section 301 of the act, the 2000 edition (first printing) of the following codes as the UCC: chapters 2 through 29 and 31 through 35 of the ''International Building Code''; ''ICC Electrical Code''; ''International Mechanical Code''; ''International Fuel Gas Code''; ''International Plumbing Code''; ''International Residential Code''; ''International Fire Code''; ''International Energy Conservation Code''; and ''Code Requirements for Housing Accessibility.'' Appendices to these listed codes are not adopted as part of the UCC except for sections AE501-AE503 and AE601-AE605 of Appendix E of the ''International Residential Code'' relating to manufactured housing.
This section also establishes special stairway tread and rise provisions required by section 301(a)(6) of the act which will be in effect until December 31, 2003.
The section provides additional prescriptive methods to demonstrate compliance with ''International Energy Conservation Code'' requirements. The additional prescriptive methods for detached residential buildings are found in the ''Code for the Conservation of Space Conditioning Energy for Housing in Pennsylvania: The PHRC Alternative to Chapter 11, Energy Efficiency, of the International Residential Code (IRC) 2000 for Use in Pennsylvania'' (PHRC Alternative) and the United States Department of Energy compliance guide, ''MECcheck™ .'' The additional prescriptive method for all other buildings or structures is found in another United States Department of Energy compliance guide, ''COMcheck™ .''
The PHRC developed its alternative approach for residential housing in response to a request from the Pennsylvania Builders Association for a method that would not require residential builders to perform onsite building calculations. New residential construction in this Commonwealth will meet the window glazing requirements of the ''International Code 2000,'' in the aggregate, under the PHRC alternative. Residential builders will not be required to calculate the window-to-wall ratio in new home construction by using the PHRC alternative.
At the United States Department of Energy's direction, Pacific Northwest National Laboratory analyzed and prepared a report on the PHRC alternative for residential construction. This laboratory found that the PHRC alternative had slightly more stringent standards for some building designs and slightly less stringent standards for other buildings. The Department met with representatives from Pennsylvania Builders Association, PHRC and the Responsible Energy Code Alliance to thoroughly discuss this alternative. It appears to the Department that utilizing the PHRC alternative for residential construction effectively balances energy savings and costs for residential structures under section 301(c) of the act. This alternative will facilitate compliance with UCC energy conservation requirements and will yield overall energy savings similar to the savings that would be obtained by using other prescriptive methods.
§ 403.22. Health care facilities.
Health care facilities will continue to comply with the Health Care Facilities Act, Department of Health regulations, building codes and regulations set forth in the applicable licensure laws and this section. Additionally, applicants must obtain a license under the Health Care Facilities Act before occupancy of new construction. An applicant shall submit alteration plans to the Department of Health and obtain its approval before a renovated facility is occupied. A building code official will provide written notice of the Department of Health construction and occupancy requirements when plans are approved.
The provisions for elevators found in this section will apply to health care facilities.
§ 403.23. Child care facilities.
This section provides that a family child day-care home and a group child day-care home must comply with sections 3.6(f)(1)(i), (f.1) and (g) of the Fire and Panic Act (35 P. S. § 1223.6(f)(1)(i), (f.1) and (g)) and this section.
A family child day-care home must meet Chapter 9 of the ''International Building Code'' or meet minimum requirements for smoke detection units found in section 3.6(f.1) of the Fire and Panic Act. Single station smoke detectors may be utilized under the minimum requirements of this section.
A group child day-care home which provides care to 7 to 12 children which includes a child who is 2 1/2 years of age or under must comply with use group I-4 of the ''International Building Code.'' A group child day-care home which provides care to 7 to 12 children and all the children are older than 2 1/2 years must comply with use group E of the ''International Building Code.''
A child day-care facility must comply with use group I-4 of the ''International Building Code'' if it provides care to five or more children, one of whom is 2 1/2 years old or under, and the facility is not located in a home.
§ 403.24. Historic buildings, structures and sites.
This section allows a building code official to exclude a historic building or structure from compliance with the UCC or portions of the UCC if it meets the requirements of section 902 of the act (35 P. S. § 7210.902).
§ 403.25. Manufactured and industrialized housing.
This section establishes, under section 901(a) of the act that the UCC applies to site preparation, foundation construction, utility connection, alteration and repair of manufactured and industrialized housing. It also applies to the construction, alternation, repair or occupancy if the manufactured or industrialized housing is sold to a subsequent purchaser. The UCC does not apply to manufactured housing assembled by and shipped from the manufacturer and which bears a label, which certifies that it conforms to Federal standards adopted under the Housing and Community Development Act of 1974. The UCC does not apply to industrialized housing as assembled by and shipped from the manufacturer. The DCED will retain jurisdiction to enforce its statutes relating to manufactured and industrialized housing units and resolve complaints concerning these units.
§ 403.26. Applicability.
Chapter 403 is to be used for the administration of the UCC. The provisions of Chapter 1 of the ''International Building Code'' are not adopted as part of the UCC. Where sections in the regulation and adopted standards differ, the most restrictive material, method of construction or other requirement will apply. The specific requirement of this part of the regulation will apply if there is a conflict between a general requirement and a specific requirement. The provisions of this chapter will govern if there is a conflict between this chapter and the provisions of the codes adopted as the UCC.
Permit and Inspection Process for Commercial Construction § 403.41. Commercial construction.
This section will apply to commercial buildings, structures and facilities.
§ 403.42. Permit application.
This section requires an owner or authorized agent who intends to construct, repair, remodel, demolish or change the occupancy of a commercial building to obtain a permit. Permits are not required for most fences, oil derricks, retaining walls, water tanks, sidewalks and driveways. Permits are also not required for painting, papering, tiling, carpeting, cabinets, counter tops, similar finishing work, temporary motion picture, television, theater sets, stage sets and scenery. A permit is not required for prefabricated swimming pools accessory to Group R-3 occupancy, shade cloth structures constructed for nursery or agricultural purposes, playground equipment accessory to one-family and two-family dwellings, window awnings supported by an exterior wall and movable cases, counters and partitions.
A permit will not be required for electrical work consisting of minor repair and maintenance, electrical equipment used for radio and television transmissions and the installation of a temporary system for the testing or servicing of electrical equipment or apparatus.
Gas work performed on portable heating appliances and the replacement of minor parts that do not alter approval of equipment or make the equipment unsafe do not require a permit.
A permit will not be required for mechanical work on: portable heating appliances; portable ventilation equipment; portable cooling units; steam, hot or chilled water piping within any heating or cooling equipment; replacement of any parts which do not alter approval of the equipment or make the equipment unsafe; portable evaporative coolers; and, self-contained refrigeration systems containing 10 pounds or less of refrigerant and placed into action by motors no more than 1 horsepower.
A permit will not apply to plumbing repairs for: stopping leaks in a drain or a water, soil, waste or vent pipe; clearing stoppages or repairing leaks in pipes, valves or fixtures; and, the removal of and reinstallation of water closets if the valves, pipes or fixtures are not replaced or rearranged on delivery. A permit is not required for the installation of equipment that is owned and controlled by a public service utility.
The following repairs will require a permit: cutting away a wall or partition; the removal or cutting of a beam or load-bearing support; the removal or change of a required means of egress; and, the addition, alteration, replacement or relocation of any standpipe, water supply, sewer, drainage, gas, soil, waste, vent or similar piping, electric wiring or mechanical.
Applicants will be required to complete an application form provided by the DCED. A municipality may require additional information on an addendum to the form. An applicant will also have to submit construction documents, information concerning special inspection and structural observation programs, Department of Transportation highway access permits and any other data required by the building code official for the permit application. Plan documents must show the nature and extent of the work proposed and that the work will conform to the UCC. The documents must detail the location, construction, size and character of all portions of the means of egress. The construction documents for occupancies other than Groups R-2 and R-3 must designate the number of occupants to be accommodated on every floor and in all rooms and spaces. Shop drawings for fire protection systems must indicate conformance with this regulation.
Construction documents will contain specific information relating to the exterior wall envelope, a site plan including accessibility requirements drawn to scale and the elevation certification required in flood hazard areas. This section also requires a licensed architect or licensed professional engineer to prepare the construction documents. An unlicensed person may prepare design documents when no additions to the building or changes to the building's structure or means of egress are made and no compensation is paid for plan preparation.
A building code official could waive or modify the submission of construction documents or other data if the work does not require review of construction documents or other data to obtain compliance with the UCC.
This section requires a permit applicant to comply with the Boiler and Unfired Pressure Vessel Law (35 P. S. §§ 1331.1--1331.9); the Liquefied Petroleum Gas Act (35 P. S. §§ 1321--1329); the Health Care Facilities Act; and the Older Adult Daily Living Centers Licensing Act (62 P. S. §§ 1511.1--1511.22).
§ 403.43. Grant, denial and effect of permits.
A building code official will have to grant or deny a permit application within 30 business days of the filing date. This section allows a building code official to establish a different deadline for permit approvals in a historic district. The building code official and the applicant may agree to extend the deadline for approval.
Procedures are set forth for plan approval. The issuance of a permit will not bar prosecution or other legal action for violations of the act, the UCC or a construction ordinance. Approval may be revoked when the permit is issued in error, on the basis of inaccurate or incomplete information or in violation of any act, regulation, ordinance or the UCC. A permit will become invalid unless the authorized construction work begins within 180 days after the permit's issuance or if the authorized construction work is suspended or abandoned for 180 days after the work has commenced. The building code official may grant an extension of time. However, a permit will not be valid for more than 5 years from its date of issuance.
§ 403.44. Construction materials and changes.
This section provides that materials, equipment and devices evaluated by the National Evaluation Services, Inc. and meeting the codes incorporated as the UCC are considered approved.
This section also provides that changes to construction, which do not comply with the approved construction documents, must be resubmitted for approval.
§ 403.45. Inspections.
A construction code official will inspect all construction relating to the permit. The permit holder will ensure that the construction is accessible for inspection and notify the code official when work is ready for inspection. Construction beyond the phase currently under inspection may not continue without the construction code official's approval.
Construction must remain accessible until the construction code official allows the work to continue, if it does not pass inspection.
Inspections are required for: general building; electrical; plumbing; accessibility; fire protection; mechanical; energy conservation; and elevators and other lifting devices. A construction code official will file a final inspection report to indicate compliance with UCC requirements in these areas.
§ 403.46. Certificate of occupancy.
A building cannot be used or occupied without a certificate of occupancy. A building code official will issue a certificate of occupancy after receipt of a final inspection report which indicates UCC compliance. The contents of the certificate of occupancy are listed.
A building code official may issue a certificate of occupancy for a portion of a building if the building portion independently meets UCC requirements. A building code official may suspend or revoke a certificate of occupancy when the certificate was issued in error, based on incorrect information supplied by the permit applicant or in violation of the UCC.
§ 403.47. Public utility connections.
This section prohibits the connection of a building or system to a utility, source of energy, fuel or power without authorization. A building code official may authorize temporary connection and authorize disconnections.
§ 403.48. Boilers.
This section sets forth coverage of the Boiler and Unfired Pressure Vessel Law.
Building Permit and Inspection Process for Residential Buildings. § 403.61. Residential buildings.
This section applies to municipalities and third-party agencies and municipalities electing to enforce the UCC.
§ 403.62. Permit application and approval.
This section requires an owner or authorized agent who intends to construct, repair, remodel, demolish or change the occupancy of a residential building to obtain a permit. A permit will be required to erect, install, alter, repair, remove, convert or replace an electrical, gas, mechanical or plumbing system. Permits will not be required for most fences, retaining walls, water tanks, sidewalks and driveways. Permits will not be required for painting, papering, tiling, carpeting, cabinets, counter tops and similar finishing work, prefabricated swimming pools that are less than 24 inches deep, swings and other playground equipment, window awnings, minor electrical repair and maintenance work, gas work performed on portable heating, cooking or clothes drying appliances and the replacement of minor parts that do not alter approval of equipment or make the equipment unsafe.
A permit is not required for the following mechanical work: portable heating and ventilation appliances; portable cooling units; steam, hot or chilled water piping within any heating or cooling equipment; replacement of any parts which do not alter approval of the equipment or make the equipment unsafe; and, self-contained refrigeration systems containing 10 pounds or less of refrigerant and placed into action by motors of no more than 1 horsepower.
A permit is not required for the following plumbing repairs: stopping leaks in a drain, or a water, soil, waste or vent pipe; clearing stoppages or repairing leaks in pipes; and, the removal of and reinstallation of water closets if the valves, pipes or fixtures are not replaced or rearranged.
A permit is not required for the installation of equipment that is owned and controlled by a public service utility.
An applicant for a building located in a flood hazard area under the National Flood Insurance Program will be required to submit certain information with the construction documents.
§ 403.63. Inspections.
This section requires that a construction code official inspect all construction associated with the permit. A permit holder will have to ensure that the construction is accessible for inspection and notify the construction code official when work is ready for inspection. Construction beyond the phase currently under inspection will be prohibited without the construction code official's approval.
After inspection, the construction code official will notify a permit holder whether the construction complies with the UCC. Construction that does not pass inspection must remain accessible until the construction code official allows the work to continue.
The following inspections are required: foundation inspection; plumbing, mechanical, gas and electrical system inspection; frame and masonry inspection; and wallboard inspection.
A building code official may require additional inspections. A construction code official has to file a final inspection report to indicate compliance with the general building, electrical, plumbing, mechanical, energy conservation and fuel gas requirements of the UCC after the completion of all construction work.
A third-party agency under contract with a building permit holder is required to submit a copy of the final inspection report to the municipality, the property owner and the lender designated by the builder. A municipality enforcing the UCC will send a copy of the final inspection report to the property owner, the builder and the lender designated by the builder.
§ 403.64. Certificate of occupancy.
A building cannot be used or occupied without a certificate of occupancy. A building code official will issue a certificate of occupancy after receipt of a final inspection report which indicates compliance with the UCC. A certificate of occupancy will have to contain the information listed in this section.
A building code official may issue a certificate of occupancy for a portion of a building if the portion independently meets the UCC. A building code official may suspend or revoke a certificate of occupancy when the certificate was issued in error, based on incorrect information supplied by the permit applicant or in violation of the UCC.
A third-party agency under contract with a building permit holder must submit a copy of the certificate of occupancy to the municipality.
§ 403.65. Public utility connections.
A building code official must authorize utility connections. A building code official may order the disconnection of a utility in cases of immediate harm. The requirements for residential buildings are the same standards for commercial buildings in § 403.47.
Department, Municipal and Third-Party Enforcement for Noncompliance § 403.81. Stop work order.
A building code official may issue a written stop work order when he determines that construction work violates the UCC, is dangerous or unsafe or will interfere with required inspection. A person who continues construction work after service of an order may be subject to criminal penalties.
§ 403.82. Notice of violations.
When UCC violations are found during an inspection, the construction code official must discuss the inspection results with the owner at the completion of the inspection. The building code official may issue a written notice of violations to the owner containing a description of the violations and an order requiring correction of the violations within a reasonable period.
The building code official will inspect the building and determine whether the violation was corrected after the compliance date has expired. The enforcement process will end if the violation is corrected. The building code official may issue an order to show cause if the violation is not corrected
§ 403.83. Order to show cause/order to vacate.
A building code official may initiate an action to vacate or close a building or seal equipment out of service by issuing an order to show cause. An order to show cause must contain the grounds for the action, the alleged violations, and notification that the building may be vacated or the equipment sealed.
An answer to an order to show cause may be filed under this section. The answer may contain a request for a variance or an extension of time for compliance. The building code official will forward requests for variances, extensions of time or appeals regarding interpretations of the UCC to the board of appeals and requests regarding accessibility to the Department within 5 days. The board of appeals will consolidate the answer with any pending request for a variance or an extension of time or an appeal filed by the owner.
A pending request for variance or extension of time, or appeal will be considered as a stay to an enforcement action.
After receipt of the answer, the building code official may issue a stop work order, vacate or close the building or structure, place equipment out of operation, abate or modify the alleged violation and order other action to protect persons or property.
The construction code official will inspect the construction at the expiration of the time period granted for compliance. If the building, structure or equipment continues to violate the UCC, the building code official may issue an order vacating or closing the building or placing equipment out of operation.
§ 403.84. Unsafe building, structure or equipment.
A building code official may determine that a building, structure or equipment is unsafe. The building code official shall order the building to be vacated or the equipment sealed when the official determines that an unsafe condition exists.
When a building is ordered vacated, the building code official will post a notice at each entrance. A building code official will not rescind the order to vacate until the owner abates or corrects the unsafe condition. The Department is the only entity that may remove or authorize the removal of a seal of an elevator or other lifting device when the owner abates or corrects the unsafe condition.
§ 403.85. Retention and sharing of commercial construction records.
A building code official shall keep records of all submitted documents in an electronic to a hardcopy format which will allow reproduction upon request. A building code official may charge for reproduction costs.
A municipally shall make its records available to the Department when it ceases UCC enforcement. The Department must make its records available to a municipality that elects to begin UCC enforcement.
§ 403.86. Right of entry to inspect.
A construction code official may enter a building at reasonable times to perform an inspection under the UCC or if reasonable cause exists to believe that there is a condition on the premises that violates the UCC.
The construction code official shall present credentials to the occupant and receive permission to enter. A construction code official may not enter a building that is unoccupied or after normal hours without locating the owner and obtaining permission to enter. The construction code official may seek the assistance of a law enforcement agency to gain entry to enforce the UCC.
Municipal Election § 403.101. Municipalities electing to enforce the Uniform Construction Code.
A municipality that elects to enforce the UCC must enact an ordinance adopting the UCC as its municipal building code. The initial election period is within 90 days of the effective date of this regulation.
After the initial election period, a municipality may still elect to administer and enforce the UCC by providing 180 days notice to the Department of its intention to adopt a UCC ordinance.
A municipality that has elected to administer and enforce the UCC may cease administration and enforcement upon 180 days notice to the Department. A municipality shall notify the Department in writing within 30 days of any changes to its UCC ordinance or information concerning the building code official.
A municipality may elect to utilize any one or a combination of the following means to administer and enforce the UCC: designate an employee to serve as a building code official; contract with a third-party agency; utilize an intermunicipal agreement; contract with another municipality; and contract with the Department for plan reviews, inspection and enforcement for commercial construction.
A municipality may retain ordinances in effect on July 1, 1999, that contain standards that equal or exceed the UCC.
A municipality may enact an ordinance containing standards that equal or exceed the UCC following Department review. To enact this ordinance, the municipality shall notify the Department of the proposed ordinance and submit required information and an explanation describing how the proposed ordinance will equal or exceed the UCC.
A municipality may enact an ordinance relating to UCC administration and enforcement which meets or exceeds sections of this regulation relating to permit application and approval, construction materials and changes, inspections, certificates of occupancy, public utility connections, stop work orders, notice of violations, orders to show cause and orders to vacate, unsafe buildings, structures and equipment and the retention and sharing of commercial construction records.
The Department will enforce the UCC's accessibility requirements until the municipality employs or contracts with a certified accessibility specialist.
A municipality may observe Department inspections of State-owned buildings in its jurisdiction and review all Department plan review documents.
§ 403.102. Municipalities electing not to enforce the Uniform Construction Code.
A municipality will have to provide written notification to the Department within 120 days of the effective date of adoption of this proposal if it elects not to enforce the UCC. In municipalities electing not to enforce the UCC, an applicant for a residential building permit must obtain the services of a certified third-party agency to conduct plan review and inspections. A third-party agency which conducts plan review and inspection of residential buildings must retain copies of all inspection reports relating to UCC compliance.
A third-party agency must send a copy of the final inspection report to the property owner, builder, municipality and a lender designated by the builder. A municipality must provide written notification to a permit applicant for buildings other than residential buildings that he must obtain the Department's services for plan review and inspection. The municipality shall send a copy of the notice to the Department.
§ 403.103. Department review.
The Department will review and investigate complaints relating to enforcement and administration under section 105 of the act. It will submit a report to the municipal governing body or third-party agency and provide recommendations to address any deficiencies that it finds.
The Department will review each municipal enforcement program at least once every 5 years to ensure that code administrators are adequately administering and enforcing the accessibility provisions of the UCC and submit a written report to the municipality of its findings.
Board of Appeals § 403.121. Board of appeals.
A municipality which has adopted a UCC ordinance or is a party to an agreement for the joint administration and enforcement of the UCC must establish a board of appeals under section 501(c) of the act (35 P. S. § 7210.501(c)). The board of appeals will hear and rule on appeals, requests for variances and requests for extensions of time.
The municipality's governing body will appoint board members qualified by training and experience to hear and make determinations concerning building construction matters. Members of a municipality's governing body may not serve on a board of appeals. Positions on the board may be filled with qualified persons who reside outside of the municipality, if the municipality cannot find qualified residents to fill the positions. A board member may not cast a vote or participate in a hearing of any matter in which the member has a personal, professional or financial interest.
Two or more municipalities may establish a joint board of appeals through an intermunicipal agreement.
A board of appeals may not hear appeals, requests for variance or requests for extension of time relating to accessibility under the act.
§ 403.122. Appeals, variances and extensions of time.
An owner may seek a variance, extension of time or appeal a building code official's decision. An appeal must be based on a claim that the intent of the UCC was incorrectly interpreted, the provisions of the act do not apply or that an equivalent form of construction is to be used. An appeal will automatically suspend an action to enforce an order to correct until the appeal is resolved.
The owner may request a hearing. The board may deny or grant all or part of the request or grant other appropriate relief. The board shall provide a written decision to the owner and to the building code official.
Requests for variances and extensions of time and appeals of a building code official's decision relating to accessibility must be filed with the Department's Accessibility Advisory Board.
Department Enforcement § 403.141. Enforcement by the Department.
The Department will conduct plan and specification review and inspections for all State-owned buildings. It will notify municipalities of all inspections of State-owned buildings and provide municipalities the opportunity to observe inspection of the buildings.
The Department will also retain jurisdiction over accessibility until a municipality administering and enforcing the UCC obtains the services of a Department-certified accessibility specialist.
The Department will enforce the UCC for commercial buildings in municipalities that have not adopted an ordinance to enforce the UCC.
The Department's Industrial Board will decide petitions for variances and extensions of time and appeals of Department decisions under the UCC. The Industrial Board will hold the first hearing on a petition within 45 days of receipt of the petition.
§ 403.142. Accessibility Advisory Board.
The Secretary of the Department has the exclusive power to grant modifications of technical accessibility standards and extensions of time under section 106 of the act (35 P. S. § 7210.106). The Accessibility Advisory Board will: review and comment on all proposed regulations under the act; review all applications for modifications or variances of accessibility standards and advise the Secretary whether a modification or variance should be granted; hear appeals from decisions of building code officials; and recommend modifications or variances, or extensions of time.
The Accessibility Advisory Board will consider enumerated factors when a request for an extension of time or a variance or other appropriate relief is requested. The procedures for resolution of appeals are in this section.
The Accessibility Advisory Board will recommend the appropriate action to the Secretary. The Secretary will make the final decision on the request and will issue written notice of the decision.
Elevators and Other Lifting Devices § 405.1. Scope.
Chapter 405 applies to the construction, alteration, addition, repair, movement, equipment, removal, maintenance, use and change in use of every elevator and lifting device after the effective date of this section.
This section does not apply to new construction of or renovations to existing elevators and lifting devices for which a permit application was made or for which a contract for design or construction was signed before the effective date of this regulation. It also does not apply to elevators and lifting devices in private residences.
A permit issued before the effective date of the adoption of a final-form rulemaking will be valid and the construction of the elevator or lifting device may be completed in accordance with that permit. The permit will remain valid if construction begins within 2 years of its issuance. If construction does not begin within 2 years, the permit is rescinded.
An elevator or lifting device which has a certificate of operation issued by the Department before the effective date of this final-form rulemaking may remain in use, if it is maintained in accordance with a previous Department permit or approval.
§ 405.2. Standards.
This section adopts ''ASME A17.1,'' 2000 Edition, Parts 1-9 with listed exceptions as part of the UCC for elevators and other lifting devices. The Department also adopts: ''ASME B20.1,'' 1996 Edition including ''ASME B20.1b-1998 addenda,'' for conveying systems; ''ASME A90.1,'' 1997 Edition including ''ASME A90.1a-1999 addenda'' for belt man-lifts; ''ANSI B77.1,'' 1999 Edition for passenger ropeways, aerial tramways, surface lifts, tow and conveyors; and, ''ASME A18.1,'' 1999 Edition including ''ASME A.18.1a-2001 addenda'' for vertical and inclined wheelchair lifts and stairway lifts. Testing under sections 10.3.2 and 10.3.3, ''ASME A18.1-199'' will occur at 5-year intervals.
Portions of ''ASME A17.1,'' 2000 Edition that are not adopted as part of the UCC are listed in this section. Portions of ''ASME B20.1,'' 1996 Edition that are not adopted as part of the UCC are listed in this section.
This section will apply when there is a conflict with a code or standard related to elevators or lifting devices.
§ 405.3. Permit application.
The owner must apply to the Department for a permit before the construction, alteration, replacement or repair of an elevator or lifting device. The application and supporting construction documents must clearly detail the location, nature and extent of the proposed construction and its compliance with the UCC. The Department will grant or deny a complete permit application within 30 days and provide written notification for any denial.
The Department may suspend or revoke a permit when the permit was issued erroneously, based on inaccurate, incorrect or incomplete information or issued in violation of the UCC. A permit will become invalid unless construction work is commenced within 180 days after its issuance or if the work is suspended or abandoned for a period of 180 days after it is commenced. The Department may grant written extensions of time for periods of 180 days. A permit will not be valid for more than 5 years.
A permit is not valid until the Department collects the required fees.
§ 405.4. Approved designs, equipment and devices.
A platform, car, cabin or chair safety device may be installed after it receives a Department-issued certificate of acceptance issued after successful testing of the device.
§ 405.5. Acceptance inspection.
The Department will conduct an acceptance inspection to confirm compliance with the UCC before a new elevator or lifting device or an elevator or lifting device under major repairs is put into service.
§ 405.6. Certificate of operation.
An elevator or lifting device may not be operated without a Department-issued certificate of operation. The Department will issue a certificate of operation for the elevator or other lifting device after it passes an inspection.
A certificate of operation is valid for 24 months from the issuance date for equipment requiring a 6-month periodic inspection and for 48 months from the issuance date for equipment requiring a 12-month periodic inspection. The certificate of operation may remain valid for an additional 30 days, if a periodic inspection is conducted within 30 days of the certificate's expiration date.
The certificate of operation or a copy shall be posted in the elevator car, platform, lifting device or attached to the controller in the machine room. The certificate of operation for escalators, moving walks and other equipment without a machine room shall be available during a periodic inspection.
§ 405.7. Periodic inspections.
A construction code official shall conduct periodic inspections and document compliance with the UCC at intervals that do not exceed 6 months for elevators and lifting devices. A construction code official shall conduct periodic inspections of all other lifting devices at intervals that do not exceed 12 months. A construction code official shall inspect a lifting device that is used on a seasonal basis before the beginning of the season of operation. A construction code official who performed a periodic inspection shall complete an inspection report, which shall be submitted within 15 days of the inspection in a format acceptable to the Department. A construction code official shall notify the Department of any lifting device that failed a periodic inspection within 1 working day.
§ 405.8. Periodic inspection and testing.
This section requires that testing under ''ASME A17.1,'' 2000 Edition be witnessed by a construction code official and performed at 5-year and 3-year intervals dependant on the category that is being inspected. A construction code official who witnesses a periodic test shall complete a test report containing listed information. Test results shall be submitted within 15 days in a format acceptable to the Department.
§ 405.9. Periodic dynamic testing.
This section establishes the applicable sections for periodic dynamic testing under ''ANSI B77.1,'' 1999 Edition.
§ 405.10. Major repairs, replacements and alterations.
This section establishes that repairs, replacement and alterations of elevators or other lifting devices must comply with ''ASME A17.1,'' 2000 Edition
An elevator or lifting device shall be taken out of service when a major repair, replacement or alteration is performed upon it. The owner shall provide written notification to the Department when the major repair, replacement or alteration is completed. The elevator or lifting device may be returned to service after it passes a Department inspection.
§ 405.11. Accident report.
The owner of an elevator or lifting device shall submit an accident report to the Department, if the elevator or lifting device is involved in an accident resulting in fatal injury or hospitalization to a person or where there is damage to the elevator or lifting device which renders it unsafe. The accident report shall be submitted on a Department-prescribed form within 24 hours of the accident. The elevator or lifting device that was involved in an accident may not return to operation until the Department provides approval.
§ 405.12. Lumber elevators.
This section defines a lumber elevator and provides that an individual may not ride a lumber elevator. This section also provides requirements for the following: shaftway standards; gate requirements to protect all points of loading and unloading; locking device requirements; elevator pit requirements; lifting capacity and speed requirements; operating, terminal limit and emergency stop switch requirements; reverse phase protection requirements; platform safeties requirements; automatic shut-off requirements; main line switch or circuit breaker switch requirements; lighting requirements; and platform construction requirements.
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