[32 Pa.B. 4127]
[Continued from previous Web Page]
Stage, Orchestra and Organ Console Elevators §§ 405.31--405.41.
These sections provide standards for a stage elevator, orchestra elevator and organ console approval; shaftways, projections or recesses; pits; swinging doors; railings and toeboards; shaftway guide rails; landing doors; lifting capacity; gross weight of the movable platforms; inspections and tests; platform safeties; operating controls; emergency stop switches; constant pressure pushbottom switches; reverse phase protection; elevator screws; gears; motor, controller and brake location; terminal limit switches; slack cables or slack chain devices; fused main line switches or circuit breakers switches; lighting; pit access doors; platform construction; adjacent lift sides; aprons, railings and toeboards and pressure-sensing strips; single operator controls; and two-way communication devices.
Affected Persons
This proposed rulemaking will affect the Department, political subdivisions, third-party agencies, contractors, design professionals and building owners. Municipalities will have to determine whether they will enforce the UCC and the manner of enforcement. They may use current or new employees, contract with third-party agencies or the Commonwealth, contract with other municipalities, join with other municipalities for joint enforcement or utilize any combination of these methods. The Department, municipalities and third-party agencies will be required to follow these regulations when making required inspections. The general public is also affected in that the use of a Statewide building code based on National standards will increase public safety.
The Department will educate and train its officials for compliance with the act's certification requirements. It also intends to provide educational and outreach programs for municipalities and third-party agencies. The Department's Industrial Board and Accessibility Advisory Board will have to review its procedures to ensure that appeals and requests are resolved appropriately. The Department will also establish procedures to resolve complaints brought under the UCC.
Health care facilities will have to comply with the UCC when there is no applicable existing Department of Health standard. The Department of Health may have to modify its approval procedures for these facilities. State-owned buildings, including facilities within the State system of higher education, will have to comply with the UCC.
The DCED will have to create new permit applications for municipalities and provide programs to educate municipal officials on UCC enforcement.
Fiscal Impact
The Commonwealth will incur ongoing costs related to the administration of this comprehensive Statewide building code required by the act.
The Department estimates that it will have to hire a UCC administrator and ten new plan examiners to implement this code. There are no projected increases in staffing for field inspectors, clerical and administrative staff. Additional expenses will result from modifying office space, microfilm and mailing increases and classification upgrades. The projected additional cost for the Department's mandatory implementation of the UCC is $1.871 million. Fees for plan reviews and inspections will offset some of these costs to the Commonwealth.
A local government will only incur costs if it decides to administer and enforce the UCC. A local government opting to enforce the building code will incur costs for plan review, inspection and enforcement. To offset these costs, local governments will be able to charge plan review and building permit fees to owners or builders.
This proposed rulemaking will require a minimum number of inspections. Local governments may determine that more inspections are required to enforce the UCC and insure public safety.
There may be an increase in construction costs for both commercial and residential construction in municipalities that do not currently enforce the ''BOCA Code.''
Reporting, Recordkeeping and Paperwork Requirements
This proposed rulemaking will require the creation of new forms. This proposed rulemaking will require local governments choosing to enforce the UCC and third-party agencies to use the DCED-developed Uniform Construction Permit Application. There are also additional recordkeeping requirements for municipalities. The Department and local municipalities choosing to enforce the UCC will be required to keep commercial building plan review, permit, inspection and enforcement records on a building as long as the building is in existence. A municipality must be able to provide building code and inspection records to the Commonwealth if it determines to opt out of enforcement of the UCC in the future.
Municipalities which choose to enforce the UCC will also be required to provide ordinances and additional information to the Department if they enact an ordinance which differs from the UCC but meets or exceeds UCC standards.
Sunset Date
A sunset date is not appropriate for this proposed rulemaking. The Department is required, under section 304 of the act, to adopt successor BOCA and other model building codes such as the ''ICC International One and Two Family Dwelling Code'' and the ''International Fuel Gas Code.'' This requirement provides the Department the opportunity to periodically monitor this proposed rulemaking.
Effective Date
This proposed rulemaking will be effective 90 days after publication of the final-form regulations in the Pennsylvania Bulletin.
Contact Person
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to Charles J. Sludden, Director of Bureau of Occupational and Industrial Safety, Department of Labor and Industry, Room 1613, Labor and Industry Bldg., 7th and Forster Streets, Harrisburg, PA 17120, or by e-mail to csludden@state.pa.us within 30 days of publication in the Pennsylvania Bulletin.
The Department will hold three public hearings on this proposed rulemaking. See 32 Pa.B. 4211 (August 24, 2002) for a notice containing the times and locations of the public meetings.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 14, 2002, the Department submitted a copy of this proposed rulemaking to the Chairpersons of the Senate Committee on Labor and Industry and the House Labor Relations Committee and to the Independent Regulatory Review Commission (IRRC). In addition to submitting the proposed rulemaking, the Department has provided the Committees and IRRC with a copy of a detailed Regulatory Analysis Form prepared by the Department.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed rulemaking, it shall notify the Department within 10 days of the close of the Committees' review period. The notification shall specify the review criteria that have not been met by the portion of the proposed regulations to which an objection is made. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulations, by the Department, the General Assembly and the Governor of objections raised.
JOHNNY J. BUTLER,
SecretaryFiscal Note: 12-60. (1) General Fund; (2) Implementing Year 2002-03 is $1.87 million; (3) 1st Succeeding Year 2003-04 is $1.96 million; 2nd Succeeding Year 2004-05 is $2.06 million; 3rd Succeeding Year 2005-06 is $2.16 million; 4th Succeeding Year 2006-07 is $2.27 million; 5th Succeeding Year 2007-08 is $2.38 million; (4) Fiscal Year 2001-02 $10.4 million; Fiscal Year 2000-01 $10.0 million; Fiscal Year 1999-00 $9.70 million; (7) General Government Operations; (8) recommends adoption.
Annex A
TITLE 34. LABOR AND INDUSTRY
PART XIV. UNIFORM CONSTRUCTION CODE
CHAPTER 401. UNIFORM CONSTRUCTION CODE TRAINING AND CERTIFICATION OF CODE ADMINISTRATORS § 401.1. Definitions.
The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Accessibility Advisory Board--The Department's Accessibility Advisory Board created under section 106 of the act (35 P. S. § 7210.106).
* * * * * Board of appeals--A body established by a municipality or municipalities which are parties to an agreement for the joint administration and enforcement of the act to hear requests for variances or extensions of time, and appeals from code administrator decisions.
Building--A structure used or intended for supporting or sheltering any occupancy.
Building code official--A construction code official who manages, supervises and administers building enforcement activities. Duties include but are not limited to: management of building code enforcement activities; supervision of building inspectors or plan examiners; issuance of building permits, violation notices and orders to vacate; and the initiation of prosecutions.
* * * * * Certificate of occupancy--A certificate issued by a code administrator allowing occupancy of a building or structure under the Uniform Construction Code.
Chapter 11--Chapter 11 of the International Building Code relating to accessibility requirements adopted as part of the Uniform Construction Code.
* * * * * Code Requirements for Housing Accessibility--The ''Code Requirements for Housing Accessibility 2000'' issued by the ICC. The term includes all errata issued by the ICC.
COMcheck EZ™ --The ''2000 International Energy Conservation Code'' compliance guide containing state maps, prescriptive packages and related software published by the United States Department of Energy, Building Standards and Guidelines Program, April 2000, version 2.1.
Commercial construction--A building, structure or facility that is not a residential building.
* * * * * Conveyor--A horizontal, inclined or vertical device for moving or transporting bulk material, packages or objects in a path predetermined by the design of the device and having points of loading and discharge, fixed or selected, and related equipment and devices described in and governed by the ASME standards adopted in this chapter.
* * * * * Family child day-care home--A home other than the child's own home in which child day care is provided at any one time to four to six children unrelated to the owner under section 3.6(g) of the Fire and Panic Act (35 P. S. § 1223.6(g))
Filing date--The date that the Department or building code official receives the completed permit application.
Fire and Panic Act--The act of April 27, 1927 (P. L. 465, No. 299) (35 P. S. §§ 1221--1235), known as the Fire and Panic Act.
Group child day-care home--A home other than a child's own home in which child care is provided at any one time for more than 6 but fewer than 13 children who are unrelated to the owner under section 3.6(g) of the Fire and Panic Act (35 P. S. § 1223.6(g)).
Health care facility--A facility licensed under the Health Care Facilities Act.
Health Care Facilities Act--The Health Care Facilities Act (35 P. S. §§ 448.101--448.904b).
ICC--International Code Council, 5203 Leesburg Pike, Suite 708, Falls Church, Virginia 22041-3401.
ICC Electrical Code--The ''ICC Electrical Code-Administrative Provisions 2000'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
Industrial Board--The Department's Industrial Board established under sections 445 and 2214 of The Administrative Code of 1929 (71 P. S. §§ 155 and 574), which hears requests for variances and extensions of time and appeals of decisions of the Department under the Uniform Construction Code.
Industrialized housing--Under section 3 of the Industrialized Housing Act (35 P. S. § 1651.3), a structure designed primarily for residential occupancy which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation, or assembly and installation, on the building site. The term does not include housing units defined as mobile homes.
International Building Code--Chapters 2--29 and 31--35 of the ''International Building Code 2000'' (first printing), issued by the ICC. The term includes the supplement ''Code Requirements for Housing Accessibility 2000'' and all errata issued by the ICC.
International Energy Conservation Code--The ''International Energy Conservation Code 2000'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
International Fire Code--The ''International Fire Code 2000'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
International Fuel Gas Code--The ''International Fuel Gas Code 2000'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
International Mechanical Code--The ''International Mechanical Code 2000'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
International Plumbing Code--The ''International Plumbing Code 2000'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
International Residential Code--The ''International Residential Code for One- and Two-Family Dwellings 2000'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
Manufactured housing--Under section 901(a) of the act (35 P. S. § 7210.901(a)), 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).
MECcheck™ --The ''2000 International Energy Conservation Code'' compliance guide containing state maps, prescriptive energy packages and related software published by the United States Department of Energy, Building Standards and Guidelines Program, April 2000, version 3.2.
National Evaluation Services, Incorporated--National Evaluation Service, Inc., 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401.
PHRC--The Pennsylvania Housing Research Center, 219 Sackett Building, University Park, Pennsylvania 16802.
PHRC Alternative to Chapter 11--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'' issued December 2001.
* * * * * Person--Includes a corporation, partnership, business trust, other association, estate, trust, foundation or natural person. The term also includes the governing authority for a county or municipality, and a government entity other than the Commonwealth.
Permit--A document issued by a code administrator authorizing the construction, alteration, repair, demolition, location, maintenance or installation relating to a building, structure, elevator or equipment under the Uniform Construction Code.
Residential building--Construction that relates 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 means of egress and the dwellings' accessory structures. The term includes construction relating to a townhouse consisting of a dwelling unit constructed in a group of three or more units and each unit extends from foundation to roof and has open space on at least two sides.
* * * * * State-owned building--A building owned by or to be constructed for Commonwealth entities consisting of the General Assembly, the Unified Judicial System, the Pennsylvania Higher Education Assistance Agency, an executive agency, independent agency, and a State-affiliated entity or State-related institution as defined in 62 Pa.C.S. § 103 (relating to definitions).
Structure--A combination of materials that are built or constructed with a permanent location or attached to something that has a permanent location.
* * * * * Variance--A modification of a Uniform Construction Code standard approved by a board of appeals or the Industrial Board.
§ 401.2. Department fees.
(a) * * *
* * * * *
(b) The following fees apply to the issuance of a permit: (1) New construction (per square foot). (i) Use group A-1 for assembly and theater with stage 62¢ (ii) Use group A-1 for assembly and theater without stage 55¢ (iii) Use group A-2 for assembly and nightclub 43¢ (iv) Use group A-2 for assembly, restaurant, bar and banquet hall 42¢ (v) Use group A-3 for assembly and church 54¢ (vi) Use group A-3 for assembly, general community hall, library and museum 40¢ (vii) Use group A-4 for assembly and arena 43¢ (viii) Use group B for business 41¢ (ix) Use group E for educational construction (kindergarten to 12th grade) 42¢ (x) Use group F-1 for moderate hazard factory and industrial 23¢ (xi) Use group F-2 for low hazard factory and industrial 23¢ (xii) Use group H-1 for high hazard, explosives 24¢ (xiii) Use group H-2 through H-4 for high hazard 22¢ (xiv) Use group H-5 for hazardous production materials 39¢ (xv) Use group I-1 for institutional and supervised environment 41¢ (xvi) Use group I-2 for institutional and incapacitated 63¢ (xvii) Use group I-3 for institutional, restrained and correctional facility construction 47¢ (xviii) Use group I-4 for institutional and day care facilities 41¢ (xix) Use group M for mercantile 31¢ (xx) Use group R-1 for residential and hotels 44¢ (xxi) Use group R-2 for residential and multi-family 36¢ (xxii) Use group R-4 for residential and care/assisted-living facilities 41¢ (xxiii) Use group S-1 for moderate-hazard storage 41¢ (xxiv) Use group S-2 for low-hazard storage 22¢ (xxv) Use group U for utility and miscellaneous 17¢ (2) Alterations/modifications(× cost of construction) 5.5¢
(3) Revisions of plans. $300 (4) Interim accessibility plan review and inspection $200 (5) Elevator and lifting device. (i) Electric elevator. (A) 1 to 10 openings $300 (B) Each additional opening (per opening) $10 (ii) Roped hydraulic elevator and roped/chained reciprocating conveyors $300 (iii) Hydraulic elevator, limited use/limited access elevator and direct acting hydraulic vertical reciprocating conveyor $200 (iv) Aerial tramway and aerial detachable lift. (A) Basic fee. $500 (B) Additional fee over 15 towers (per tower) $35
(v) Aerial lift, fixed. (A) Basic fee $300 (B) Each additional tower (per tower over ten towers) $35
(vi) Surface lift, tow and conveyor $200 (vii) Escalator and moving walk $300 (viii) Wheelchair lift and inclined stairway chairlift $150 (ix) Orchestra lift, belt manlift, stage lift, organ lift and other lifting devices $300 (x) Permit for major repair $200 (xi) Reinspection following failed major repair inspection (per inspection) $100 (xii) Reinspection following failed acceptance inspection (to a maximum of $300 per inspection) $50 of initial permit fee (xiii) Revision of plans 50% of initial permit fee (6) Subparagraphs (xi) and (xiii) fees shall be paid before reinspection. (c) The following fees shall apply to periodic elevator and lifting device inspections under § 405.7 (relating to periods inspections): (1) Electric elevator with one to ten openings $ 75 (2) Electric elevator with 11 to 20 openings $100 (3) Electric elevator with more than 20 openings $125 (4) Roped hydraulic elevator, roped/chained vertical reciprocating conveyor, rack and pinion elevator, special purpose personnel elevator, power sidewalk elevator, roof-top elevator and elevator used for construction $ 75 (5) Hydraulic elevator, limited use/limited access elevator, screw column elevator, hand elevator, inclined elevator, dumbwaiter and direct acting hydraulic vertical reciprocating conveyor $ 60 (6) Aerial tramway and aerial detachable lift $150 (7) Aerial lift, fixed $100 (8) Surface lift, tow and conveyor $ 75 (9) Wheelchair lift and inclined stairway chairlift $ 75 (10) Escalator and moving walk $ 50 (11) Orchestra lift, belt manlift, stage lift, organ lift and other lifting devices $ 75 (d) The following fees apply to witnessing periodic inspections and tests under § 405.8 (relating to periodic inspection and test): (1) Electric elevators with one to ten openings $125 (2) Electric elevators with 11--20 openings $150 (3) Electric elevators with more than 20 openings $175 (4) Roped hydraulic elevator and roped/chained vertical reciprocal conveyor $110 (5) Hydraulic elevator, limited use/limited application elevator and direct hydraulic vertical reciprocating conveyor $ 85 (6) Escalator and moving walk $ 85 (7) Wheelchair lift and inclined stairway chairlift $ 75 (8) Orchestra lift, belt manlift, stage lift and organ lift $125 (9) Other equipment $ 85 (e) The following fees apply to the witnessing of periodic dynamic testing required under § 405.9 (relating to periodic dynamic testing): (1) Aerial tramways $300 (2) Detachable aerial grips $300 (3) Fixed grip aerial lifts $200 (f) Certificate of operation. (1) Renewal $ 25 (2) Duplicate $ 25 (g) Variance request. (1) Industrial Board variance request $100 (2) Accessibility Advisory Board variance request $100 § 401.2a. Municipal and third-party agency fees.
(a) A municipality or third-party agency that enforces the Uniform Construction Code may establish fees for its administration and enforcement and time periods for payment of the fees. The municipality or third-party agency may establish a required time period for payment of the fees and fees for plan review, inspections and other activities related to the Uniform Construction Code.
(b) The building code official for the municipality and a third-party agency shall make the fee schedule available to the public.
(c) A municipality or third-party agency may establish a fee refund policy.
(d) A municipality or third-party agency may withhold issuance of a certificate or permit until a required fee is paid.
(e) A municipality may establish other fees authorized by law.
(Editor's Note: Chapter 403 is a proposed new chapter. The text is printed in regular face to enhance readability.)
CHAPTER 403.ADMINISTRATION
GENERALLY
403.1. Scope. 403.2. Other statutes or ordinances.
STANDARDS
403.21. Uniform Construction Code. 403.22. Health care facilities. 403.23. Child day-care facilities. 403.24. Historic buildings, structures and sites. 403.25. Manufactured and industrialized housing. 403.26. Applicability.
PERMIT AND INSPECTION PROCESS FOR COMMERCIAL CONSTRUCTION
403.41. Commercial construction. 403.42. Permit application. 403.43. Grant, denial and effect of permits. 403.44. Construction materials and changes. 403.45. Inspections. 403.46. Certificate of occupancy. 403.47. Public utility connections. 403.48 Boilers.
PERMIT AND INSPECTION PROCESS FOR RESIDENTIAL BUILDINGS
403.61. Residential buildings. 403.62. Permit application and approval. 403.63. Inspections. 403.64. Certificate of occupancy. 403.65. Public utility connections.
DEPARTMENT, MUNICIPAL AND THIRD-PARTY ENFORCEMENT FOR NONCOMPLIANCE
403.81. Stop work order. 403.82. Notice of violations. 403.83. Order to show cause/order to vacate. 403.84. Unsafe building, structure or equipment. 403.85. Retention and sharing of commercial construction records. 403.86. Right of entry to inspect.
MUNICIPAL ELECTION
403.101. Municipalities electing to enforce the Uniform Construction Code. 403.102. Municipalities electing not to enforce the Uniform Construction Code. 403.103. Department review.
BOARD OF APPEALS
403.121. Board of appeals. 403.122. Appeals, variances and extensions of time.
DEPARTMENT ENFORCEMENT
403.141. Enforcement by the Department. 403.142. Accessibility Advisory Board.
GENERALLY § 403.1. Scope.
(a) The Uniform Construction Code applies to the construction, alteration, repair, movement, equipment, removal, demolition, location, maintenance, occupancy or change of occupancy of every building or structure which occurs on or after _____ (Editor's Note: The blank refers to the effective date of adoption of this proposal.) and all existing structures that are not legally occupied.
(b) The Uniform Construction Code does not apply to:
(1) New buildings or renovations to existing buildings for which an application for a permit was made to the Department or a municipality before _____ (Editor's Note: The blank refers to the effective date of adoption of this proposal.).
(2) New buildings or renovations to existing buildings on which a contract for design or construction was signed before _____ (Editor's Note: The blank refers to the effective date of adoption of this proposal.).
(3) Carports, detached private garages, greenhouses, sheds having a building area less than 500 square feet that are accessory to detached one-family dwellings, buildings or structures of an accessory character, and miscellaneous structures not classified in the Uniform Construction Code.
(4) An agricultural building defined under section 103 of the act (35 P. S. § 7210.103).
(5) Manufactured or industrialized housing shipped from the factory under section 901(a) of the act (35 P. S. § 7210.901(a)) as provided in § 403.25 (relating to manufactured and industrialized housing).
(c) Prior permits and construction.
(1) A permit issued under construction regulations before _____ (Editor's Note: The blank refers to the effective date of adoption of this proposal.) remains valid and the construction of the building or structure may be completed in accordance with the approved permit. The permit is invalid unless the construction commenced within 2 years of permit issuance or a time period specified by municipal ordinance, whichever is less. The permit holder shall acquire a new permit under section 104(c) of the act (35 P. S. § 7210.104(c)) if the permit was not actively prosecuted during this time period.
(2) Construction may be completed without a permit under section 104(c)(2) of the act (35 P. S. § 7210.104(c)(2)) where construction of a building or structure commenced before _____ (Editor's Note: The blank refers to the effective date of adoption of this proposal.) and a permit was not required at that time.
(3) The legal occupancy of a structure existing on _____ (Editor's Note: The blank refers to the effective date of adoption of this proposal.) may continue without change except where the Uniform Construction Code provides otherwise.
(d) The Uniform Construction Code applies to the construction of a residential building or structure governed by a homeowner's or community association under sections 104(d)(2)(ii) and 304(a)(2) of the act (35 P. S. §§ 7210.104(d)(2)(ii) and 7210.304(a)(2)).
(e) An electrical provision of the Uniform Construction Code does not apply to a dwelling unit utilized by a member of a recognized religious sect if a code administrator grants an exemption under section 901(b) of the act (35 P. S. § 7210.901(b)) as follows:
(1) A member of a recognized religious sect shall file an application with the code administrator stating the manner in which an electrical provision of the Uniform Construction Code conflicts with the applicant's religious beliefs. The application shall also contain an affidavit by the applicant stating:
(i) The applicant is a member of a religious sect.
(ii) The religious sect has established tenets or teachings which conflict with an electrical provision of the Uniform Construction Code.
(iii) The applicant adheres to the established tenets or teachings of the sect.
(iv) The dwelling unit will be used solely as a residence for the applicant and the applicant's household.
(2) The code administrator shall grant the application for the exemption if made in accordance with paragraph (1).
(3) If an applicant receives an exemption for a dwelling unit under section 901(b) of the act and the applicant subsequently sells or leases the dwelling unit, the applicant shall bring the dwelling unit into compliance with the provision of the Uniform Construction Code from which it was exempted prior to the dwelling unit being sold or leased unless the prospective subsequent owner or lessee files an affidavit in compliance with paragraph (1).
§ 403.2. Other statutes or ordinances.
(a) Under section 104(d)(1) of the act (35 P. S. § 7210.104(d)(1)), the provisions of the Uniform Construction Code listed in § 403.21 (relating to Uniform Construction Code) preempt and rescind construction standards provided by a statute, local ordinance or regulation.
(b) Under section 303(a)(2) of the act (35 P. S. § 7210.303(a)(2)), a municipal building code ordinance provision in effect in or adopted by a city of the first class on or before January 1, 1998, shall remain in effect until December 31, 2003. The provisions of the ordinance which do not comply with the Uniform Construction Code on December 31, 2003, will be amended to provide for the minimum requirements of the Uniform Construction Code.
STANDARDS § 403.21. Uniform Construction Code.
(a) The Department adopts and incorporates by reference the following codes as the Uniform Construction Code:
(1) The provisions of Chapters 2--29 and 31--35 of the ''International Building Code.''
(2) The ''ICC Electrical Code.''
(3) The ''International Mechanical Code.''
(4) The ''International Fuel Gas Code.''
(5) The ''International Plumbing Code.''
(6) The ''International Residential Code.''
(7) The ''International Fire Code.''
(8) The ''International Energy Conservation Code.''
(9) The ''Code Requirements for Housing Accessibility.''
(10) Sections AE501--AE503 and AE601--AE605 of Appendix E of the ''International Residential Code.''
(b) The codes and standards adopted under subsection (a) are part of the Uniform Construction Code to the prescribed extent of each code or standard. The provisions of the Uniform Construction Code apply if there is a difference between the Uniform Construction Code and the codes or standards adopted in subsection (a).
(c) Appendices to a code or standard listed in subsection (a) are not adopted in the Uniform Construction Code except for the provisions adopted in subsection (a)(10).
(d) Until December 31, 2003, a permit applicant shall use one of the following specifications for stairway construction in use groups R-3, within dwelling units in occupancies in use group R-2 and in occupancies in use group U which are accessory to an occupancy in use group R-3.
(1) Specifications utilized in place of exception 5 under section 1003.3.3.3 of the ''International Building Code'':
(i) The maximum riser height shall be 8 1/4 inches.
(ii) The minimum tread depth shall be 9 inches.
(iii) A 1-inch nosing shall be provided on all stairways with solid risers.
(2) Stairway specifications utilized in place of section R-314.2 of the ''International Residential Code'':
(i) The maximum riser height is 8 1/4 inches. There may be no more than a 3/8 inch variation in riser height.
(ii) The minimum tread depth is 9 inches measured from tread nosing to tread nosing.
(iii) The greatest tread run within any flight of stairs may not exceed the smallest by more than 3/8 inch.
(iv) All treads may have a uniform projection of not more than 1 1/2 inches when solid risers are used.
(v) Stairways may not be less than 3 feet in clear width and clear headroom of 6 feet 8 inches shall be maintained for the entire run of the stair.
(vi) Handrails may project from each side of a stairway a distance of 3 1/2 inches into the required width of the stair.
(e) A permit applicant may utilize one of the following prescriptive methods to demonstrate compliance with the energy conservation requirements of the Uniform Construction Code in addition to the prescriptive methods contained in the Uniform Construction Code. The standards are those listed for the climatic zone of this Commonwealth where the building or structure is located.
(1) The prescriptive methods for detached residential buildings contained in MECcheck™ or the PHRC Alternative to Chapter 11.
(2) The prescriptive methods for all other buildings or structures contained in COMcheck™ .
§ 403.22. Health care facilities.
(a) A health care facility shall comply with all of the following:
(1) The Health Care Facilities Act.
(2) Regulations of the Department of Health in 28 Pa. Code Part IV (relating to health facilities).
(3) Building codes and regulations set forth in the applicable licensure laws and regulations under section 105(d) of the act (35 P. S. § 7210.105(d)).
(4) This chapter.
(b) Chapter 405 (relating to elevators and other lifting devices) always applies to health care facilities.
(c) In addition to the requirements of this chapter, an applicant for a health care facility shall obtain a license from the Department of Health under the Health Care Facilities Act and its regulations and comply with the Department of Health's license application procedures and its licensing regulations.
(d) An applicant for construction or alteration of a health care facility shall do all of the following:
(1) Submit construction or alteration plans to the Department of Health before commencing construction or performing the alteration.
(2) Obtain a license from the Department of Health before occupancy of a new health care facility.
(3) Obtain approval from the Department of Health before occupancy of an altered portion of an existing health care facility.
(e) A Department of Health inspector may inspect a health care facility site before, during and after construction to monitor compliance with Department of Health's health facility regulations.
(f) A building code official shall provide written notice of Department of Health license and approval requirements for construction and occupancy under the Health Care Facilities Act and regulations at the time of plan approval.
(g) This section applies to construction or alteration of all health care facilities that the Department or a building code official review and approve under this chapter.
§ 403.23. Child day-care facilities.
(a) A family child day-care home and group child day-care home shall 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), (f.1) and (g)) and this section.
(b) A family child day-care home, which provides care for five or fewer children for less than a 24-hour period, shall comply with use group R-3 of the ''International Building Code.''
(c) A family child day-care home, which provides care to six children, which includes a child who is under 2 1/2 years of age, shall comply with use group I-4 of the ''International Building Code.''
(d) A family child day-care home, which provides care to six children that are all 2 1/2 years of age or older, shall comply with use group E of the ''International Building Code.''
(e) A family day-care home shall meet one of the following relating to smoke detection units:
(1) Chapter 9 of the ''International Building Code'' (Fire protection systems).
(2) Smoke detection units which comply with all of the following requirements:
(i) Have a nonreplaceable lithium battery as its power source.
(ii) Meet the applicable Underwriters Laboratories® standard.
(iii) Have a minimum 10-year limited warranty, commencing with the date of purchase.
(iv) Sound an alarm that is audible to persons in the indoor child-care space with all intervening doors closed when each detector is activated.
(v) The facility operator maintains proof of purchase of the detectors, including the date of purchase, in the facility's fire drill logs.
(f) A family day-care center may utilize smoke detectors that are single station units under subsection (e)(2).
(g) 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 shall comply with use group I-4 of the ''International Building Code.''
(h) A group child day-care home which provides care to 7 to 12 children and all children are 2 1/2 years of age or older shall comply with use group E of the ''International Building Code.''
(i) A child day-care facility shall comply with use group I-4 of the ''International Building Code'' if it meets all of the following conditions:
(1) Provides care to five or more children.
(2) Cares for a child who is under 2 1/2 years of age or under.
(3) Is not located in a home.
(j) A child day-care facility shall comply with use group E of the ''International Building Code'' if it meets all of the following conditions:
(1) Provides care to six or more children.
(2) All of the children are 2 1/2 years of age or older.
(3) Is not located in a home.
§ 403.24. Historic buildings, structures and sites.
A building code official may exclude an entire historic building or structure or part of the building or structure from compliance with the Uniform Construction Code if it meets all of the following conditions under section 902 of the act (35 P. S. § 7210.902):
(1) The building or structure is an existing or new building or structure that is not intended for residential use on historic sites.
(2) The building or structure is identified and classified by Federal or local government authority or the Historical and Museum Commission as an historic building or site.
(3) A building code official judges the building or structure or parts of the building and structure as safe and excluded from the Uniform Construction Code in the interest of public health, safety or welfare. The building code official shall apply the Uniform Construction Code to parts of the building or structure where its exclusion jeopardizes the public health, safety and welfare.
§ 403.25. Manufactured and industrialized housing.
(a) Manufactured housing is governed by the following under section 901(a) of the act (35 P. S. § 7210.901(a)):
(1) Except as provided in paragraph (2), the Uniform Construction Code 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 construction and safety standards adopted under the Housing and Community Development Act of 1974 (42 U.S.C.A. §§ 5401--5426).
(2) Sections AE501--AE503 and AE601--AE605 of Appendix E of the International Residential Code adopted under the Uniform Construction Code apply to the following:
(i) Site preparation.
(ii) Foundation construction.
(iii) Connection to utilities.
(3) The Uniform Construction Code applies to the following:
(i) Alteration or repair to the unit that does not fall within 24 CFR 3280.1--3280.904 (relating to manufactured home construction and safety standards) and the manufacturer's installation instructions after assembly and shipment by the manufacturer.
(ii) Additions to the delivery to the unit after delivery to the site.
(iii) Construction, alteration, repair or occupancy if the manufactured housing is resold to a subsequent purchaser.
(iv) Construction, alteration, repair or occupancy if the original purchaser relocates the manufactured housing.
(b) Industrialized housing is governed by the following under section 901(a) of the act:
(1) Except as provided in subsection (b)(2), the Uniform Construction Code does not apply to industrialized housing assembled by and shipped from the manufacturer.
(2) The Uniform Construction Code applies to all of the following:
(i) Site preparation.
(ii) Foundation construction.
(iii) Utilities connection.
(iv) Installation.
(v) Construction, alteration or repair to the industrialized housing unit after installation.
(vi) Construction, alteration, repair or occupancy if industrialized housing is resold to a subsequent purchaser.
(vii) Construction, alteration, repair or occupancy if industrialized housing is relocated.
(c) The Department of Community and Economic Development may enforce and take action under the Industrialized Housing Act (35 P. S. §§ 1651.1--1651.12) and the Manufactured Housing Construction and Safety Standards Authorization Act (35 P. S. §§ 1656.1--1656.9).
§ 403.26. Applicability.
(a) This chapter governs the administration of the Uniform Construction Code and the following applies:
(1) Chapter 1 of the ''International Building Code'' is not adopted as part of the Uniform Construction Code.
(2) Portions of this chapter designate and incorporate portions of the following ICC 2000 copyrighted works:
(i) The ''International Building Code.''
(ii) The ''International Residential Code.''
(iii) The ''International Electrical Code.''
(iv) The ''International Plumbing Code.''
(v) The ''International Mechanical Code.''
(3) The ICC owns the copyrighted works in paragraph (2). Reproduced with permission. All rights reserved.
(b) If different sections of this part specify different materials, method of construction or other requirements, the most restrictive material, method of construction or other requirement shall govern. The specific requirement of this part applies if there is a conflict between a general requirement and a specific requirement.
(c) This chapter governs if there is a conflict between this chapter and the provisions of the codes relating to administration incorporated under § 403.21(a) (relating to Uniform Construction Code).
(d) A provision of the ''International Mechanical Code'' does not apply if the provision conflicts with the Boiler and Unfired Pressure Vessel Law (35 P. S. §§ 1331.1--1331.9).
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
