PROPOSED RULEMAKINGS
DEPARTMENT OF
LABOR AND INDUSTRY
[ 34 PA. CODE CHS. 401 AND 403 ]
Uniform Construction Code
[42 Pa.B. 1861]
[Saturday, April 7, 2012]In accordance with section 304 of the Pennsylvania Construction Code Act (act) (35 P. S. § 7210.304), the Department of Labor and Industry (Department) is submitting a proposed rulemaking for the regulation of construction. The Department proposes to amend §§ 401.1 and 403.21 (relating to definitions; and Uniform Construction Code) under the act to read as set forth in Annex A.
Statutory Authority
This proposed rulemaking is issued under the authority in section 304(a)(3) of the act, which provides that the Department shall promulgate regulations updating accessibility standards by adopting Chapter 11 and Appendix E of the International Building Code of 2012, or its successor, by December 31 of the year of issuance of the new code.
Background
The act mandates a process for the adoption of updated building codes issued by the International Code Council. Although most building code provisions are reviewed by the Uniform Construction Code Review and Advisory Council, under section 107 of the act (35 P. S. § 7210.107), the General Assembly excluded accessibility provisions of the International Building Code from review. In 2011, the act was amended to require that the Department regularly adopt updated accessibility standards for the construction, repair or alteration of buildings in this Commonwealth by December 31 of the year of issuance, beginning with Chapter 11 and Appendix E of the International Building Code of 2012. Therefore, the Department is required to adopt these provisions by December 31, 2012. Adoption of the current accessibility standards will ensure that commercial buildings meet current standards for accessible and usable facilities.
The Department has sought input from the Accessibility Advisory Board (Board), created under section 106 of the act (35 P. S. § 7210.106). The Board consists of members appointed by the Secretary, including members with physical disabilities, an architect, a member of the business community, a representative of the multifamily housing industry and a municipal official. Under section 106(b) of the act, the Board has reviewed the proposed rulemaking and given its advice to the Secretary.
Purpose
The purpose of this proposed rulemaking is to adopt recognized international standards for accessible and usable buildings and structures, as directed by the act of April 25, 2011 (P. L. 1, No. 1). The proposed rulemaking brings the Commonwealth's standards for accessible and usable buildings to the current state of the art and conforms to standards issued by the United States Department of Justice under the Americans with Disabilities Act of 1990 (42 U.S.C.A. §§ 12101—12213). Adopting Chapter 11 and Appendix E of the 2012 International Building Code will allow the Department to comply with the act.
Summary of Proposed Rulemaking
§ 401.1. Definitions
This section amends the definition of ''International Building Code'' to provide that the term includes Chapter 11 and Appendix E of the 2012 edition of the International Building Code. It clarifies that the remaining adopted provisions of the International Building Code are the 2009 edition.
§ 401.21. Uniform Construction Code
This section excludes Chapter 11 and Appendix E of the 2009 International Building Code from the codes adopted as the Uniform Construction Code. It adopts Chapter 11 and Appendix E of the 2012 International Building Code.
Affected Persons
This proposed rulemaking will affect owners of new commercial buildings or commercial buildings undergoing addition, renovation or repair. It also ensures that persons with physical disabilities will be able to access and use commercial buildings in this Commonwealth.
Fiscal Impact
The Commonwealth will incur minimal additional costs under this proposed rulemaking. The costs are related to the purchase of updated code books for Commonwealth personnel. The cost to enforce the proposed rulemaking will be the same as the current regulations. This proposed rulemaking will not increase administrative, enforcement or legal activity.
Reporting, Recordkeeping and Paperwork Requirements
This proposed rulemaking will not require the creation of new forms or reporting requirements. Current forms may be updated.
Sunset Date
A sunset date is not appropriate for this proposed rulemaking. The act directs the Department to update the regulations with each new International Code Council, or successor code, edition.
Effective Date
This proposed rulemaking will take effect upon final-form publication in the Pennsylvania Bulletin.
Contact Person
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to Edward Leister, Director, Bureau of Occupational and Industrial Safety, Department of Labor and Industry, 16th Floor, Labor and Industry Building, 651 Boas Street, Harrisburg, PA 17120, eleister@pa.gov within 30 days of publication in the Pennsylvania Bulletin.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 23, 2012, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Committee on Labor and Industry and the House Labor Relations Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
JULIA K. HEARTHWAY,
SecretaryFiscal Note: 12-94. 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:
* * * * * International Building Code—Chapters [2—29] 2—10, 12—29 and 31—35 of the ''International Building Code 2009'' (first printing) issued by the ICC. Chapter 11 and Appendix E of the ''International Building Code 2012'' issued by the ICC. The term includes all errata issued by the ICC.
* * * * *
CHAPTER 403. ADMINISTRATION
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] 2—10, 12—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) Chapter 11 of the International Building Code of 2012.
(3) The ''International Mechanical Code.''
[(3)] (4) ''The International Fuel Gas Code.''
[(4)] (5) ''The International Performance Code.''
[(5)] (6) ''The International Plumbing Code.''
* * * * * [(6)] (7) The ''International Residential Code,'' except that:
* * * * * [(7)] (8) 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).
[(8)] (9) The ''International Energy Conservation Code.''
[(9)] (10) The ''International Existing Building Code.''
[(10)] (11) The ''International Wildland-Urban Interface Code.''
[(11)] (12) Appendix E of the ''International Building Code of 2012.''
[(12)] (13) Appendix H of the ''International Building Code.''
[(13)] (14) Appendix G of the ''International Residential Code.''
* * * * *
[Pa.B. Doc. No. 12-608. Filed for public inspection April 6, 2012, 9:00 a.m.]
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