RULES AND REGULATIONS
Title 34—LABOR AND INDUSTRY
DEPARTMENT OF LABOR AND INDUSTRY
[ 34 PA. CODE CHS. 401 and 403 ]
Uniform Construction Code Training and Certification of Code Administrators; Administration
[39 Pa.B. 7196]
[Saturday, December 26, 2009]The Secretary of Labor and Industry (Secretary), under the authority of sections 301 and 304 of the Pennsylvania Construction Code Act (act) (35 P. S. §§ 7210.301, 7210.304), amends §§ 401.1, 403.1, 403.21, 403.26, 403.27, 403.28, 403.42, 403.42a, 403.43, 403.62, 403.62a, 403.63, 403.65, 403.102, 403.121 and 403.122 to read as set forth in Annex A.
Proposed Rulemaking Omitted
The Department of Labor and Industry (Department), under section 204 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S.§ 1204), known as the Commonwealth Documents Law (CDL), and 1 Pa. Code § 7.4 (relating to omission of notice of proposed rulemaking), finds that notice of proposed rulemaking under the circumstance is unnecessary and impractical and therefore may be omitted. The Department's justification for utilizing the proposed rulemaking omitted process is that the only changes being made in this amendment are those specifically mandated by the act or that reflect the numerous amendments to the act.
Section 304 of the act requires the Department, by December 31 of the year of the issuance of a new International Code Council (ICC) International Building Code, to promulgate regulations adopting the new code as the Uniform Construction Code (UCC), if the Uniform Construction Code Review and Advisory Council (Council) does not inform the Department that it should exclude any provisions of the triennial code from the UCC. The ICC updated its National codes and issued 2009 editions in early 2009. The Council informed the Department that it should not exclude any provisions of the new triennial ICC Codes. The act was amended by Act 157 of 2006 (Act 157); Acts 9 and 39 of 2007 (Acts 9 and 39, respectively) and Act 106 of 2008 (Act 106).
Background
Under section 304(a)(1) of the act, the Department is required to promulgate regulations adopting new triennial codes issued by the ICC as the UCC. This was done through final-omitted rulemaking upon the issuance of an updated triennial code by the ICC. The last triennial update to this code occurred through final-omitted regulations issued at 36 Pa.B. 7548 (December 16, 2006).
Act 106 amended the act to create the Council. This Council was given authority to review all new and amended provisions of the triennial ICC codes that comprise the UCC and to direct the Department to exclude any provision that is inconsistent with the act's intent and purpose or which is otherwise inappropriate for inclusion in the UCC. Otherwise, the Department will adopt the triennial updates as the UCC through regulation. See sections 107 and 304(a)(2) of the act (35 P. S. §§ 7210.107 and 7210.304(a)(2)).
During the month of April 2009, the Council held four public meetings and accepted testimony from stakeholders regarding various new and amended provisions of the 2009 ICC codes. On April 30, 2009, the Council notified the Department that it was not directing exclusion of any new or amended provision of the 2009 ICC codes. Therefore, the Department is required by section 304(a)(2) of the act to adopt the new triennial ICC codes as the UCC.
Purpose of the Final-Omitted Rulemaking
The purpose of this final-omitted rulemaking is to update §§ 401.1, 403.21, 403.26 and 403.27 as required by section 304 of the act, to incorporate the new successor building codes issued by the ICC and ANSI, and to incorporate the 2006-2008 amendments to the act in §§ 401.1, 403.1, 403.42, 403.42a, 403.43, 403.62, 403.62a, 403.63, 403.65, 403.102, 403.121 and 403.122.
Explanation of Regulatory Requirements
§ 401.1. Definitions.
The definition of agricultural building is amended to conform to Act 157. Act 157 exempted mushroom growing houses from the statutory definition of an agricultural building. See section 103 of the act (35 P. S. § 7210.103) (definition of ''agricultural building'').
The definitions for International Building Code, International Energy Conservation Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Performance Code, International Plumbing Code, International Residential Code, International Wildland-Urban Interface Code and Uniform Construction Code are amended in this regulation to reflect the most current editions required by section 304 of the act. In this amendment, the publication year in each definition is being changed from 2006 to 2009.
The definition of ICC Electrical Code is being deleted to reflect the ICC's decision not to publish a separate electric code. The definition of NEC is being added to reflect the decision of the International Code Council to refer to and incorporate parts of the NEC in its publications. The NEC is also referenced in Act 39. The definition of NFPA is also added, as the NFPA issues the NEC.
The definition of Residential building is updated to reflect changes to that definition made by the ICC in the new triennial version of the International Residential Code.
The definition of Pennsylvania's alternative residential energy provisions is amended to reflect the most current edition issued by the PHRC and to provide that it includes errata issued by the PHRC. The publication year is changed from 2006 to 2009.
§ 403.1. Scope.
Subsection (a)(2) is amended to reflect the changes to the regulatory process mandated by Act 106. Act 106 provides that the December 31 deadline for the adoption of the latest triennial codes does not apply if the Council informs the Department that it should exclude any provisions of the triennial codes from the UCC. See section 304(a)(1) of the act.
Subsection (b) is amended to include exemptions to the UCC by Act 39. Subsection (b)(12) is added to reflect the exclusion for certain structures erected for less than 30 days contained in section 104(b)(8) of the act (35 P. S. § 7210.104(b)(8)). This section excludes structures which are erected for the purpose of participation in a fair, flea market, arts and crafts festival or other public celebration, which are less than 1,600 square feet in size, erected for a period of less than 30 days and are not a swimming pool, spa or hot tub. Subsection (b)(13) is added to reflect the exclusion of pole barns at agricultural fairs that are used for agricultural purposes and animal display contained in section 901(e) of the act (35 P. S. § 7210.901(e)).
Section 403.1(f) is amended to reflect the Act 157 exclusion of the UCC plumbing provisions as applied to dwelling units or one-room schoolhouses utilized by members of a recognized religious sect. See section 901(b) of the act (35 P. S. § 7210.901(b)). Additionally, grammatical errors are corrected.
§ 403.21. Uniform Construction Code.
Subsection (a)(1) is amended to include language from Act 13 of 2004 (Act 13) regarding stairway riser height and tread depth in certain occupancies. See section 301(a)(6) of the act. Act 13 established special requirements for stairways in certain residential and commercial dwelling units. When the Department submitted final-omitted regulatory changes in 2006, it included the act's requirements for residential buildings, but failed to include the stairway requirement applicable to certain commercial buildings.
Subsection (a)(2)—(4) is amended to delete the reference to the International Electrical Code in recognition of the ICC's decision not to publish an electrical code and to insert the ''International Performance Code'' published by the ICC.
Subsection (a)(6)(i) is amended to reflect a change in the numbering of the referenced section of the ''International Residential Code'' that applies to interconnected smoke alarms.
Subsection (a)(7) is amended to reflect a change in the numbering of the referenced section of the ''International Fire Code'' relating to natural cut trees.
Subsection (b) is amended to conform with section 302(a)(1) (35 P. S. § 7210.302(a)(1), which provides that the codes and standards referenced in Chapter 35 of the ''BOCA National Building Code,'' or its successor code, are adopted to the extent that they are referenced in Chapter 35. However, the International Building Code, which is the successor code to the BOCA National Building Code, was altered so that other chapters now adopt all ICC codes in their entirety, except the International Fire Code. This section clarifies that the ''International Fire Code'' was not adopted in its entirety and that it is only adopted to the extent that it is referenced in Chapter 35 of the ''International Building Code.''
A typographical error is corrected in § 403.21(c). The reference to paragraphs (a)(9) and (12)—(14) was changed to accurately reference paragraphs (a)(9) and (11)—(13). In addition, this subsection was amended to clarify that both appendices and resource information are adopted for use. A mistaken reference to other code appendices is also being corrected.
§ 403.26. Swimming pools.
Subsection (a) is amended to update the references to sections of the ''International Building Code'' and the ''International Residential Code.'' The sections have been renumbered or renamed in the new triennial edition of the adopted codes.
§ 403.27. Applicability and use of standards.
Subsection (a) is amended to remove the reference to the ICC Electrical Code in recognition of the ICC's decision not to publish an electrical code. In addition, the reference to the 2006 codes is removed as unnecessary. The definition of each listed code in § 401.1 specifies the edition of each code which is adopted.
§ 403.28. Uncertified buildings.
Subsection (b)(5) is amended to conform to section 902(c)(2) of the act (35 P. S. § 7210.902(c)(2), which provides that a construction code official may deny a certificate of occupancy to an uncertified building. When the current regulation was promulgated, the Department inadvertently excluded this language.
§ 403.42. Permit requirements and exemptions.
Subsection (e) is amended to conform to Act 157, which provides that a permit is not required for equipment that is under the ownership and control of a public service agency. See section 502(a.1) of the act (35 P. S. § 7210.502(a.1)).
§ 403.42a. Permit application.
Subsection (b) is amended to require that a permit application include all other permits or approvals related to construction required under § 403.102(n). This amendment reflects changes to the act made by Act 157. See section 502(a)(1) of the act (35 P. S. § 7210.502(a)(1)).
Subsection (k) is amended to revise the reference to section 1709 to 1710 of the ''International Building Code,'' due to renumbering of sections in the 2009 edition by the International Code Council.
§ 403.43. Grant, denial and effect of permits.
Subsection (a) is amended to reflect the Act 157 requirement addressing denial of a building permit. If a permit is denied, the code administrator must, in writing, identify the elements of the application which are not in compliance with the relevant UCC provisions and ordinance, as appropriate, and provide a citation to the relevant provisions of the UCC and ordinance. See section 502(a)(2) of the act.
§ 403.62. Permit requirements and exemptions.
Subsection (e) is amended to conform to Act 157, which provides that a permit is not required for equipment that is under the ownership and control of a public service agency. See section 502(a.1) of the act.
§ 403.62a. Permit application.
Subsection (b) is amended to require that a permit application include all other permits or approvals related to construction required under § 403.102(n). This amendment reflects changes to the act made by Act 157. See section 502(a)(1) of the act.
§ 403.63. Grant, denial and effect of permits.
Subsection (a) is amended to reflect the Act 157 requirement that, when drawings are prepared by design professionals who are licensed or registered and contain a certification that the plans meet the applicable UCC standards and ordinance, as appropriate, a building permit must be granted or denied within 5 business days of the date of filing or the application is deemed approved. It also reflects the Act 157 requirement that reasons for denial must identify the elements of the application which are not in compliance with the relevant provisions of the UCC and ordinance and provide a citation to the relevant provisions of the UCC and ordinance. See section 502(a)(2) of the act.
§ 403.65. Certificate of occupancy.
Subsection (b) is amended to require that a building code official issue a certificate of occupancy after receipt of a final inspection report that indicates compliance with the UCC and ordinance within 10 business days in cities of the first class and within 5 business days in all other jurisdictions. This amendment reflects changes made by Act 157. See section 502(a)(1) of the act.
§ 403.102. Municipalities electing to enforce the Uniform Construction Code.
Subsection (i) is amended to conform to changes in Act 157 requiring that a municipality seeking to enact an ordinance containing standards that equal or exceed the UCC include in its submission to the Department a detailed statement containing the differences between the proposed ordinance and the UCC that includes code sections affected by the changes and the time and place of public hearing. See section 502(f) of the act. Subsection (k) is amended to provide that an aggrieved party shall serve a copy of any challenge to an ordinance upon the municipality. See section 502(j) of the act.
Subsection (n) is amended to include the Act 157 requirement that a municipality provide a list of all other required permits necessary prior to the issuance of a building permit. See section 502(a)(1) of the act. The existing subsections (n) and (o) are now renumbered to (o) and (p).
Subsection (q) is added to provide that a municipality may enact an ordinance imposing code requirements on structures exempted under § 403.1(b)(12). This provision is required by Act 39.
§ 403.121. Board of appeals.
Subsection (h) is added under Act 157, which provides that the fee for an appeal to a board of appeals may not exceed the actual costs of publishing the hearing notice, court reporter services and all other necessary administrative services. See section 501(c)(4) of the act (35 P. S. § 7210.501(c)(4)).
§ 403.122. Appeals, variances and extensions of time.
Subsection (e) is amended to include the Act 157 requirement that in cases before a board of appeals involving a residential building, the board of appeals must convene a hearing within 30 days of the appeal. Subsection (j) is also amended under Act 157, to require that appeals involving residential buildings shall be heard within 30 days and the board shall render a written decision to the parties within 5 business days, or within 10 business days in cities of the first class. Failure by the board to act within the time period results in the appeal being deemed granted. See section 501(c)(5) of the act.
Fiscal Impact
There is no fiscal impact on the Department. Compliance with updated building codes may have some fiscal impact on the regulated community.
Paperwork
The final-omitted rulemaking will not generate additional paperwork for the public or the Commonwealth.
Sunset Date
The final-omitted rulemaking will become effective on December 31, 2009. The regulation is scheduled for review within 3 years of final publication. No sunset date has been assigned.
Contact Person
The contact person is Edward L. Leister, Director, Bureau of Occupational and Industrial Safety, Labor and Industry Building, 651 Boas Street, 16th Floor, Harrisburg, PA 17120, e-mail: eleister@state.pa.us.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on October 23, 2009, the Department submitted a copy of the final-form regulations, proposed rulemaking omitted, to the Independent Regulatory Review Commission (IRRC) and the Senate Committee on Labor and Industry and the House Labor Relations Committee (Committees). In addition to submitting the final-form regulations, the Department also provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department.
Under section 5.1(j.1)—(j.3) of the Regulatory Review Act, these final-form regulations were deemed approved by the Committees on November 23, 2009. IRRC met on December 10, 2009 and approved the regulations in accordance with section 5.1(e) of the Regulatory Review Act.
Findings
The Department finds that the final-omitted rulemaking is necessary and appropriate for the administration and enforcement of the authorizing statute. Under section 204 of the Commonwealth Documents Law, the Department also finds that the proposed rulemaking procedures in sections 201 and 202 of the Commonwealth Documents Law (45 P. S. §§ 1201 and 1202) are unnecessary because it is in the public interest to expedite this amended regulation.
Order
The Department, acting under authorizing statute, orders that:
(a) The regulations of the Department, 34 Pa. Code Chapters 401 and 403, are amended by amending §§ 401.1, 403.1, 403.21, 403.26, 403.27, 403.28, 403.42, 403.42a, 403.43, 403.62, 403.62a, 403.63, 403.65, 403.102, 403.121 and 403.122 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Secretary of the Department shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as to legality and form as required by law.
(c) The Secretary of the Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall become effective on December 31, 2009.
SANDI VITO,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 39 Pa.B. 7271 (December 26, 2009).)
Fiscal Note: 12-89. No fiscal impact; (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:
* * * * * Agricultural building—
(i) A structure utilized to store farm implements, hay, feed, grain or other agricultural or horticultural products or to house poultry, livestock or other farm animals, a milk house and a structure used to grow mushrooms.
(ii) The term includes a carriage house owned and used by members of a recognized religious sect for the purposes of housing horses and storing buggies.
(iii) The term does not include habitable space or spaces in which agricultural products are processed, treated or packaged and will not be construed to mean a place of occupancy by the general public.
* * * * * ICC—International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401.
ICC Evaluation Services, Inc.—The ICC Evaluation Services, Inc., 5360 Workman Mill Road, Whittier, California 90601.
* * * * * International Building Code—Chapters 2—29 and 31—35 of the ''International Building Code 2009'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
International Energy Conservation Code—The ''International Energy Conservation Code 2009'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
* * * * * International Existing Building Code—The ''International Existing Building Code for Buildings and Facilities 2009'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
International Fire Code—The ''International Fire Code 2009'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
International Fuel Gas Code—The ''International Fuel Gas Code 2009'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
International Mechanical Code—The ''International Mechanical Code 2009'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
International Performance Code—The ''International Performance Code for Buildings and Facilities 2009'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
International Plumbing Code—The ''International Plumbing Code 2009'' (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 2009'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
International Wildland-Urban Interface Code—The ''International Wildland-Urban Interface Code 2009'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
* * * * * NEC—NFPA-70, the ''National Electrical Code 2008'' issued by the NFPA on July 26, 2007. The term includes all errata issued by the NFPA.
NFPA—The National Fire Protection Association, One Batterymarch Park, Quincy, MA 02169.
* * * * * Pennsylvania's Alternative Residential Energy Provisions—The ''Pennsylvania Alternative Residential Energy Provisions'' issued in 2009 by the PHRC. This term includes all errata issued by the PHRC.
* * * * * Residential building—Detached one-family and two-family dwellings and townhouses which are not more than three stories above grade plane in height with a separate means of egress and their accessory structures.
* * * * * Uniform Construction Code—This chapter, ''The International Building Code 2009'' (first printing) and the ''International Residential Code for One- and Two-Family Dwellings 2009'' (first printing), available from the International Code Council, Inc., 4051 W. Flossmoor Road, Country Club Hills, Illinois 60478-5795, 1 (888) 422-7233; and any standards adopted by the Department in this chapter under section 301 of the act (35 P. S. § 7210.301).
* * * * *
CHAPTER 403. ADMINISTRATION
GENERALLY § 403.1. Scope.
(a) Application.
* * * * * (2) The Department will promulgate regulations adopting the new triennial BOCA National Building Code, or its successor building code as the Uniform Construction Code by December 31 of the year of the issuance under section 304(a)(1) of the act (35 P. S. § 7210.304(a)(1)). This deadline will not apply if the Uniform Construction Code Review and Advisory Council established under section 107 of the act (35 P. S. § 7210.107) informs the Department that it should exclude any provisions of the triennial codes from the Uniform Construction Code. New buildings or renovations to existing buildings for which a design or construction contract was executed before the effective date of the regulatory amendment adopting the latest triennial versions of the construction codes and standards shall comply with the codes and standards in effect at the time that the design or construction contract was executed.
(b) Exclusions and exemptions. The Uniform Construction Code does not apply to:
* * * * * (12) Structures which are:
(i) Erected for the purpose of participation in a fair, flea market, arts and crafts festival or other public celebration.
(ii) Less than 1,600 square feet in size.
(iii) Erected for a period of less than 30 days.
(iv) Not a swimming pool, spa or hot tub.
(13) A pole barn that is constructed on agricultural fairgrounds and is only used for agricultural purposes and animal display. If an exempted pole barn has electrical service, a permit and inspections to determine compliance with the electrical provisions of the Uniform Construction Code are required.
* * * * * (f) The electrical, plumbing and lumber and wood provisions, except for the wood provisions related to pressure treatment, of the Uniform Construction Code do not apply to a dwelling unit or one-room school house utilized by a member or members 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) The permit applicant shall file an application with the code administrator stating the manner in which an electrical provision, a plumbing provision or a lumber and wood provision of the Uniform Construction Code conflicts with the applicant's religious beliefs. The application must also contain an affidavit by the applicant stating:
(i) The permit applicant is a member of a religious sect.
(ii) The religious sect has established tenets or teachings which conflict with an electrical, a plumbing or a lumber and wood provision of the Uniform Construction Code.
(iii) The permit applicant adheres to the established tenets or teachings of the sect.
(A) For a dwelling unit, the dwelling will be used solely as a residence for the permit applicant and the applicant's household.
(B) For a one-room school house, the school house will be used solely by members of the religious sect.
* * * * *
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,'' except that in occupancies in Use Group R-3 and within dwelling units in occupancies in Use Group R-2 the maximum riser height shall be 8 1/4 inches (210 mm) and the minimum tread depth shall be 9 inches (229 mm). A 1-inch (25 mm) nosing shall be provided on stairways with solid risers.
(2) The ''International Mechanical Code.''
(3) The ''International Fuel Gas Code.''
(4) The ''International Performance Code.''
* * * * * (6) The ''International Residential Code,'' except that:
(i) The provisions of R314.4 requiring interconnected smoke alarms do not apply to one-family and two-family dwellings undergoing alterations, repairs or additions. Noninterconnected battery operated smoke alarms shall be installed in these dwellings.
* * * * * (7) The ''International Fire Code.'' Section 806.1.1 of the International Fire Code (relating to natural cut trees) is not adopted under this chapter. A municipality that elects to adopt an ordinance for the administration and enforcement of the Uniform Construction Code may, by ordinance, restrict the placement of natural cut trees in an occupancy group. The ordinance restricting the placement of natural cut trees is not subject to section 503(b)—(k) of the act (35 P. S. § 7210.503(b)—(k)) and § 403.102(i)—(k) (relating to municipalities electing to enforce the Uniform Construction Code).
* * * * * (b) The code adopted under subsection (a)(7) is part of the Uniform Construction Code to the extent that it is referenced in Chapter 35 of the ''International Building Code'' under section 302(a)(1) of the act (35 P. S. § 7210.302(a)(1)). 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). This chapter's administrative provisions govern under § 403.27(e) (relating to applicability and use of standards) if there is a conflict with the provisions of the codes relating to administration incorporated under subsection (a).
(c) Appendices to a code or standard listed in subsection (a) are not adopted in the Uniform Construction Code except for the appendices and resource information found in the ''International Existing Building Code'' and the appendices found in (a)(11)—(13).
§ 403.26. Swimming pools.
(a) A swimming pool, hot tub and spa which is accessory to a one- or two-family dwelling must comply with all of the following:
(1) Chapter 42 of the ''International Residential Code.''
(2) Appendix G of the ''International Residential Code.''
(3) Section 2406.4, paragraph 9 of the International Building Code (glazing in walls and fences enclosing indoor and outdoor swimming pools, hot tubs and spas).
(4) Section 3109.4 of the ''International Building Code'' (residential swimming pools).
(b) A swimming pool that is not accessory to a one- or two-family dwelling must comply with this chapter, the ''American National Standards for Public Pools'' issued by ANSI and APSP (ANSI/NSPI-1 2003) and the Public Bathing Law (35 P. S. §§ 672—680d).
(c) A hot tub or spa that is not accessory to a one- or two-family dwelling must comply with this chapter and the ''American National Standard for Public Spas'' issued by ANSI and APSP (ANSI/NSPI-2 1999).
§ 403.27. Applicability and use of standards.
(a) Portions of this chapter designate and incorporate portions of the following ICC copyrighted works:
(1) The ''International Building Code.''
(2) The ''International Residential Code.''
(3) The ''International Plumbing Code.''
(4) The ''International Mechanical Code.''
(b) The ''International Residential Code'' and the ''International Existing Building Code'' apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings no more than three stories in height with a separate means of egress and their accessory structures.
(c) The ICC owns the copyrighted works in subsection (a). Reproduced with permission. All rights reserved.
(d) If different sections of this chapter 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.
(e) 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).
(f) 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).
§ 403.28. Uncertified buildings.
* * * * * (b) Under section 902(b) of the act, uncertified buildings within the Department's jurisdiction must meet the following requirements which do not apply to uncertified buildings under subsection (a):
* * * * * (5) A construction code official may deny the issuance of a certificate of occupancy if the official deems that a building is unsafe because of inadequate means of egress, inadequate lighting and ventilation, fire hazards or other dangers to human life or to public welfare.
* * * * *
PERMIT AND INSPECTION PROCESS FOR COMMERCIAL CONSTRUCTION § 403.42. Permit requirements and exemptions.
* * * * * (e) A permit is not required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment under the ownership and control of public service agencies.
* * * * * § 403.42a. Permit application.
* * * * * (b) A permit applicant shall submit an application to the building code official and attach construction documents, including plans and specifications, and information concerning special inspection and structural observation programs, Department of Transportation highway access permits, all other permits or approvals related to the construction required under § 403.102(n) (relating to municipalities electing to enforce the Uniform Construction Code) and other data required by the building code official with the permit application. The applicant shall submit three sets of documents when the Department conducts the review.
* * * * * (k) The permit applicant shall describe an inspection program, identify a person or firm who will perform special inspections and structural observations if section 1704 or 1710 of the ''International Building Code'' requires special inspections or structural observations for the construction.
* * * * * § 403.43. Grant, denial and effect of permits.
(a) A building code official shall grant or deny a permit application, in whole or in part, within 30 business days of the filing date. Reasons for the denial must be in writing, identifying the elements of the application which are not in compliance with the relevant provisions of the Uniform Construction Code and ordinance as appropriate and providing a citation to the relevant provisions of the Uniform Construction Code and ordinance as appropriate, and sent to the applicant. The building code official and the permit applicant may agree in writing to extend the deadline by a specific number of days. A building code official may establish a different deadline to consider applications for a permit in an historic district.
* * * * *
PERMIT AND INSPECTION PROCESS FOR RESIDENTIAL BUILDINGS § 403.62. Permit requirements and exemptions.
* * * * * (e) A permit is not required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment under the ownership and control of public service agencies.
§ 403.62a. Permit application.
(a) Applications for a permit required under § 403.62 (relating to permit requirements and exemptions) shall be submitted to the building code official in accordance with this section.
(b) A permit applicant shall submit an application to the building code official and attach construction documents with plans and specifications and all other permits or approvals related to the construction required by § 403.102(n) (relating to municipalities electing to enforce the Uniform Construction Code).
(c) A building code official may waive the submission of construction documents if the nature of the construction does not require the review of the construction documents to determine compliance with the Uniform Construction Code.
(d) A permit applicant for a building or structure located in a flood hazard area under the National Flood Insurance Program shall submit the following information with the construction documents:
(1) Delineation of flood hazard areas, floodway boundaries and flood zones and the design flood elevation, as appropriate.
(2) The elevation of the proposed lowest floor including basement and the height of the proposed lowest floor including basement above the highest adjacent grade is to be included in the documents if the building or structure is located in areas of shallow flooding (Zone AO).
(3) Design flood elevations contained on the municipality's Flood Insurance Rate Map produced by the Federal Emergency Management Agency. The building code official and the applicant shall obtain and reasonably utilize design flood elevation and floodway data available from other sources if this information is not contained on the municipality's Flood Insurance Rate Map.
(e) The application must contain a site plan showing the size and location of the new construction and existing structures on the site and the structures' distance from lot lines. If the construction involves demolition, the site plan must indicate construction that is to be demolished and the size and location of existing structures and construction that will remain on the site or plot. A building code official may waive or modify the site plan requirement when the permit application is for an alteration or a repair or if the waiver is warranted for other reasons.
§ 403.63. Grant, denial and effect of permits.
(a) A building code official shall grant or deny a permit application, in whole or in part, within 15 business days of the filing date or the application is deemed approved. If the drawings were prepared by a design professional who is licensed or registered under the laws and regulations of the Commonwealth and the application contains a certification by the licensed or registered design professional that the plans meet the applicable standards of the Uniform Construction Code and ordinance as appropriate, a building code official shall grant or deny a permit application, in whole or in part, within 5 business days of the filing date or the application is deemed approved. Reasons for denial must be in writing, identifying the elements of the application which are not in compliance with the relevant provisions of the Uniform Construction Code and ordinance as appropriate and providing a citation to the relevant provisions of the Uniform Construction Code and ordinance as appropriate, and sent to the permit applicant. The building code official and the applicant may agree in writing to extend the deadline by a specific number of days.
* * * * * § 403.65. Certificate of occupancy.
(a) A residential building may not be used or occupied without a certificate of occupancy issued by a building code official.
(b) A building code official shall issue a certificate of occupancy after receipt of a final inspection report that indicates compliance with the Uniform Construction Code and ordinance within 5 business days or within 10 business days in cities of the first class. The certificate of occupancy must contain the following information:
(1) The permit number and address of the residential building.
(2) The name and address of the owner of the residential building.
(3) A description of the portion of the residential building covered by the occupancy permit.
(4) A statement that the described portion of the residential building was inspected for compliance with the Uniform Construction Code.
(5) The name of the building code official who issued the occupancy permit.
(6) The construction code edition applicable to the occupancy permit.
(7) If an automatic sprinkler system is provided.
(8) Any special stipulations and conditions relating to the building permit.
(c) A building code official may issue a certificate of occupancy for a portion of a residential building if the portion independently meets the Uniform Construction Code.
(d) A building code official may suspend or revoke a certificate of occupancy when the certificate was issued in error, on the basis of incorrect information supplied by the permit applicant, or in violation of the Uniform Construction Code. Before a certificate of occupancy is revoked, a building owner may request a hearing before the board of appeals in accordance with § 403.122 (relating to appeals, variances and extensions of time).
(e) A third-party agency under contract with a building permit holder shall submit a copy of the certificate of occupancy to the municipality.
(f) A building code official may issue a temporary certificate of occupancy for a portion or portions of the building or structure before the completion of the entire work covered by the permit if the portion or portions may be occupied safely. The building code official shall set a time period during which the temporary certificate of occupancy is valid.
MUNICIPAL ELECTION § 403.102. Municipalities electing to enforce the Uniform Construction Code.
* * * * * (i) A municipality may enact an ordinance containing standards that equal or exceed the Uniform Construction Code as adopted by § 403.21 (relating to the Uniform Construction Code) under section 503 of the act (35 P. S. § 7210.503) after Department review and approval. A municipality may enact ordinances under this section which adopt additional code requirements for alterations or repairs to residential buildings. A municipality may enact ordinances under this section which adopt stricter code requirements than required by the act for the regulation of utility and miscellaneous use structures. The municipality shall notify the Department of the proposed ordinance and submit the following to the Department for its review:
(1) The complete ordinance.
(2) The information required in subsection (c).
(3) A detailed statement containing the differences between the proposed ordinance and the Uniform Construction Code including code sections affected by the changes and how the ordinance will equal or exceed the Uniform Construction Code.
(4) The time and place of public hearing.
* * * * * (k) A written challenge of an ordinance is governed by the following:
(1) An aggrieved party may file a written challenge of an ordinance within 30 days of its enactment with the Department and shall serve a copy of the challenge upon the municipality under section 503(j) of the act.
(2) The Secretary will issue a ruling on the challenge within 45 days of receipt of the filing of the last challenge to the ordinance or within 30 days of the Department hearing on the challenge, whichever occurs last, under section 503(k) of the act.
* * * * * (n) A municipality will provide a list of all other required permits necessary before issuance of the building permit. A municipality will not be liable for the completeness of any list.
(o) The Department will enforce Chapter 11 (Accessibility) of the Uniform Construction Code and other accessibility requirements contained in or referenced by the Uniform Construction Code until a municipality employs or contracts with a code administrator certified as an accessibility inspector/plans examiner under this part.
(p) A municipality may observe Department inspections of State-owned buildings in its jurisdiction under section 105(b)(1) of the act (35 P. S. § 7210.105(b)(1)). A municipality may review all building plans and plan review documents for State-owned buildings in the Department's custody.
(q) A municipality may enact an ordinance imposing the code requirements spelled out in section 503(a)(2) of the act (35 P. S. § 7210.503(a)(2)) on the structures exempted under § 403.1(b)(12) (relating to scope).
BOARD OF APPEALS § 403.121. Board of appeals.
(a) A municipality which has adopted an ordinance for the administration and enforcement of the Uniform Construction Code or is a party to an agreement for the joint administration and enforcement of the Uniform Construction Code shall establish and appoint members to serve on a board of appeals under section 501(c) of the act (35 P. S. § 7210.501(c)).
(b) The board of appeals shall hear and rule on appeals, requests for variances and requests for extensions of time. An application for appeal shall be based on a claim that the true intent of the act or Uniform Construction Code has been incorrectly interpreted, the provisions of the act or Uniform Construction Code do not fully apply or an equivalent form of construction is to be used.
(c) The composition of a board of appeals is governed by all of the following:
(1) A member of the board of appeals shall be qualified by training and experience to pass on matters pertaining to building construction. Training and experience may consist of licensure as an architect or engineer, experience in the construction industry, and training or experience as an inspector or plan reviewer.
(2) A member of the board of appeals holds office at the pleasure of the municipality's governing body.
(3) Members of a municipality's governing body and its code administrators may not serve on a board of appeals.
(4) A municipality may fill a position on the board of appeals with a qualified person who resides outside of the municipality when it cannot find a person within the municipality who satisfies the requirements of this section.
(d) Two or more municipalities may establish a joint board of appeals through an intermunicipal agreement under 53 Pa.C.S. §§ 2301—2315 (relating to intergovernmental cooperation).
(e) A board of appeals member may not cast a vote or participate in a hearing in any appeal, request for variance or request for extension of time in which the member has a personal, professional or financial interest.
(f) A board of appeals shall schedule meetings and provide public notice of meetings in accordance with 65 Pa.C.S. §§ 701—716 (relating to Sunshine Act).
(g) A board of appeals may not act upon appeals, requests for variance or requests for extension of time relating to accessibility under the act.
(h) The fee for an appeal in a municipality which has adopted an ordinance for the administration and enforcement of the Uniform Construction Code or is a party to an agreement for the joint administration and enforcement of the Uniform Construction Code will not exceed the actual costs of publishing the hearing notice, court reporter services and other necessary administrative services under section 501(c) of the act (35 P. S. § 7210.501(c)(4)).
§ 403.122. Appeals, variances and extensions of time.
* * * * * (e) A board of appeals shall hold a hearing within 60 days from the date of an applicant's request unless the applicant agreed in writing to an extension of time. A board of appeals shall convene a hearing within 30 days of receipt of an appeal or request for variance or extension of time involving the construction of a one- or two-family residential building.
* * * * * (j) The board of appeals shall provide a written notice of its decision to the owner and to the building code official. A board of appeals shall render a written decision regarding an appeal or request for variance or extension of time involving the construction of a one- or two-family residential building within 5 business days, or within 10 business days in cities of the first class, of the latest hearing. The appeal shall be deemed granted if a board of appeals fails to act within this time period.
* * * * *
[Pa.B. Doc. No. 09-2367. Filed for public inspection December 24, 2009, 9:00 a.m.]
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