RULES AND REGULATIONS
Title 34—LABOR AND INDUSTRY
DEPARTMENT OF LABOR AND INDUSTRY
[34 PA. CODE CHS. 401 AND 403]
Uniform Construction Code
[51 Pa.B. 7981]
[Saturday, December 25, 2021]In accordance with section 304 of the Pennsylvania Construction Code Act (act) (35 P.S. § 7210.304) the Department of Labor and Industry (Department) amends Chapters 401 and 403 (relating to Uniform Construction Code (UCC) training and certification of code administrators; and administration) to read as set forth in Annex A.
Statutory Authority
This final-omitted rulemaking is issued under the authority provided in section 304(a)(3) of the act (35 P.S. § 7210.304(a)(3)), which provides that, by December 31 of the year of issuance, the Department shall adopt regulations updating the accessibility provisions of the most recently published edition of the International Code Council (ICC) codes and any other accessibility requirements which shall be specified in the regulations or contained in or referenced by the UCC relating to persons with disabilities.
Background
The act mandates a process for the adoption of updated building codes issued by the ICC. Although most building code provisions are reviewed by the Pennsylvania Uniform Construction Code Review and Advisory Council under the procedure outlined in section 108 of the act (35 P.S. § 7210.108), the act specifically excludes the accessibility provisions of the ICC codes from this review. 35 P.S. § 7210.107(b)(3). Instead, section 304(a)(3) of the act requires the Department to adopt, by December 31 of the year of issuance by the ICC, the ICC's updated accessibility standards for the construction, repair or alteration of buildings in the Commonwealth. In 2021, the ICC issued codes containing updated accessibility standards. Adoption of the current accessibility standards will ensure that commercial buildings meet current standards for accessible and usable facilities. These regulations will be effective upon publication in the Pennsylvania Bulletin.
The purpose of this final-omitted rulemaking is to adopt recognized international standards for accessible and usable buildings and structures, as directed by the act. The current accessibility regulations implemented the accessibility standards found in the 2021 ICC codes. This final-omitted rulemaking implements current state of the art accessibility standards and conforms to standards issued by the United States Department of Justice under the Americans with Disabilities Act (Pub.L. No. 101-336). Adopting Chapter 11 and Appendix E of the 2021 International Building Code (IBC) for new construction along with the accessibility provisions contained in the 2021 International Existing Building Code (IEBC), the 2021 International Plumbing Code (IPC) and the 2021 International Swimming Pool and Spa Code (ISPSC) will allow the Department to comply with the directive of the act to update accessibility requirements in the UCC with successor codes.
Compliance with Executive Order 1996-1, Regulatory Review and Promulgation
On July 15, 2021, the Accessibility Advisory Board (Board) held a public hearing to review and consider the updates to the accessibility provisions of the ICC codes. This is required by section 106(b) of the act (35 P.S. § 106(b)). The Board voted to endorse the accessibility updates found in the ICC codes. The Department has discussed the adoption of accessibility provisions for buildings with the Pennsylvania Builders Association and the Pennsylvania Association of Building Code Officials and both entities have expressed support for adoption of the accessibility provisions contained in the 2021 IBC for new construction and the accessibility provisions contained in the 2021 IEBC for existing buildings.
Purpose
The purpose of this final-omitted rulemaking is to amend §§ 401.1, 403.21, 403.26 and 403.28 to adopt the ICC accessibility updates.
Summary of Proposed Rulemaking
§ 401.1. Definitions
This section changes the definitions for the IBC and the IEBC to state that they include the accessibility provisions of the 2021 IBC and the 2021 IEBC. This was done because the ICC updated the accessibility provisions of the IBC and IEBC.
§ 403.21. Uniform Construction Code
The Department amends subsection (a)(2) to replace the accessibility provisions found in Chapter 11 of the 2018 IBC with the updated accessibility provisions of Chapter 11 of the 2021 IBC. This is being done to implement the latest accessibility standards.
The Department amends subsection (a)(6)(iii) to replace the accessibility provisions found in the 2018 IPC with the updated accessibility provisions found in the 2021 IPC. This is being done to implement the latest accessibility standards.
The Department amends subsection (a)(10)(i) to replace the accessibility provisions found in the 2018 IEBC with the updated accessibility provisions found in the 2021 IEBC. This is being done to implement the latest accessibility standards.
The Department amends subsection (a)(12) to replace the accessibility provisions found in Appendix E of the 2018 IBC with the updated accessibility provisions of Appendix E of the 2021 IBC. This is being done to implement the latest accessibility standards.
§ 403.26. Swimming pools
The Department amends subsection (b) to replace the accessibility provisions found in the 2018 ISPSC with the updated accessibility provisions found in the 2021 ISPSC. This is being done to implement the latest accessibility standards.
§ 403.28. Uncertified buildings
The Department amends subsection (b)(3)(ii) and (iii) to replace the accessibility provisions found in the 2018 IBC with the updated accessibility provisions of the 2021 IBC. This is being done to implement the latest accessibility standards.
Affected Persons
This final-omitted rulemaking will affect all builders and contractors in the construction industry and all building code officials who enforce the regulations.
Fiscal Impact
To enforce these regulations, the Department and building code officials will need to purchase the 2021 IBC, IEBC, IPC and ISPSC.
Builders and contractors will have to absorb some costs to comply with the updated standards. The Department does not possess specific data on any increase of costs to builders or contractors.
Reporting, Recordkeeping and Paperwork Requirements
The Department will have to update the following forms: Accessibility Advisory Board Petition and Application for Building Permit. There are no additional reporting, record keeping or paperwork requirements.
Sunset Date
There is no sunset date for this final-omitted rulemaking. The act requires accessibility standards to be updated every 3 years following publication of the triennial revisions to the ICC codes.
Effective Date
This final-omitted rulemaking will take effect upon publication in the Pennsylvania Bulletin.
Contact Person
The contact person is Matthew W. Kegg, Director, Bureau of Occupational and Industrial Safety, Department of Labor and Industry, 651 Boas Street, Room 1613, Harrisburg, PA 17121, (717) 783-6304, mkegg@pa.gov.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P.S. § 745.5a(c)), on November 5, 2021, the Department submitted a copy of this final-omitted rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Committee on Labor and Industry and the Senate Committee on Labor and Industry. On the same date, the regulations were submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P.S. §§ 732-101—732-506).
Under section 5.1(j.2) of the Regulatory Review Act, on December 8, 2021, the final-omitted rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on December 9, 2021, and approved the final-omitted rulemaking.
Findings
The Department finds that:
(a) Final-omitted rulemaking is allowed when procedures specified in sections 201 and 202 of the Commonwealth Documents Law (45 P.S. §§ 1201 and 1202), are impracticable, unnecessary or contrary to the public interest. 45 P.S. § 1204(3).
(b) Following the procedures, outlined in sections 201 and 202 of the Commonwealth Documents Law, is impracticable and unnecessary since the Department is required to adopt the updated ICC accessibility codes without change.
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, 403.21, 403.26 and 403.28 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Department submitted these regulations to IRRC and the House and Senate Committees.
(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 the date of publication in the Pennsylvania Bulletin.
JENNIFER BERRIER,
Secretary(Editor's Note: See 51 Pa.B. 8061 (December 25, 2021) for IRRC's approval order.)
Fiscal Note: 12-115. 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 Accreditation Service, Inc.—The International Accreditation Service, Inc., 5360 Workman Mill Road, Whittier, California 90601.
International Building Code—An International Building Code issued by the ICC. Chapter 11 and Appendix E of the ''International Building Code 2021'' issued by the ICC. The term includes all errata issued by the ICC.
International Energy Conservation Code—An International Energy Conservation Code issued by the ICC. The term includes all errata issued by the ICC.
International Existing Building Code—An International Existing Building Code for Buildings and Facilities issued by the ICC. The accessibility provisions in the ''International Existing Building Code for Buildings 2021'' issued by the ICC. The term includes all errata issued by the ICC.
International Fire Code—An International Fire Code 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—10, 12—29 and 31—35 and Section 3006 (relating to elevator lobbies and hoistway opening protection) of the ''International Building Code of 2015,'' except:
(i) 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.
(ii) That Section 913.2.2 (relating to circuits supplying fire pumps) is excluded.
(iii) That in Section 2609.4 (relating to area limitations and greenhouses), exception three is modified to include ''or maintaining plants.''
(2) Chapter 11 of the ''International Building Code of 2021.''
(3) The ''International Mechanical Code of 2015.''
* * * * * (6) The ''International Plumbing Code of 2015'' except:
(i) A municipality within a county of the second class may not administer and enforce the ''International Plumbing Code'' adopted under this chapter.
(ii) A municipality within a county of the second class that has adopted a plumbing code and accompanying rules and regulations under the Local Health Administration Law (16 P.S. §§ 12001—12028), shall retain the authority to promulgate and enforce this plumbing code and to make any changes it deems necessary if the changes meet the Uniform Construction Code's minimum requirements.
(iii) The accessibility provisions contained in the following sections of the ''International Plumbing Code of 2021'' are adopted:
(A) Section 403.4 (relating to signage).
* * * * * (10) The ''International Existing Building Code of 2015'' except that Section 101.2 (relating to scope) is modified to add an exception for detached residential buildings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures to comply with either the International Existing Building Code of 2015 or the International Residential Code of 2015.
(i) The accessibility provisions contained in the following sections of the ''International Existing Building Code of 2021'' are adopted:
(A) (Reserved).
(B) Section 306 (relating to accessibility for existing buildings).
(C) Section 1101.2 (relating to creation or extension of nonconformity).
(D) Section 1508 (relating to construction sites).
(E) Appendix ''B'' (relating to supplementary accessibility requirements for existing buildings and facilities).
(11) The ''International Wildland-Urban Interface Code of 2015.''
(12) Appendix E of the ''International Building Code of 2021.''
(13) Appendix H of the ''International Building Code of 2009.''
* * * * * § 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 the ''International Residential Code of 2015'' which adopts, by reference, the ''International Swimming Pool and Spa Code of 2015.''
(b) A swimming pool, hot tub or spa that is not accessory to a one- or two-family dwelling must comply with the Public Bathing Law (35 P.S. §§ 672—680d) and the ''International Building Code of 2015'' which adopts, by reference, the ''International Swimming Pool and Spa Code of 2015.'' The accessibility provisions contained in Section 307.1.4 (relating to general design requirements) of the ''International Swimming Pool and Spa Code of 2021'' are adopted.
§ 403.28. Uncertified buildings.
(a) Under section 902(b)(6) of the act (35 P.S. § 7210.902(b)(6)), an uncertified building that was built before April 27, 1927, is deemed to be legally occupied until the owner proposes to renovate, add an addition, alter or change the occupancy of the building. The renovation, addition, alteration or change in occupancy must comply with the Uniform Construction Code.
(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):
(1) Maximum story height, minimum allowable construction type based on floor area, vertical opening and shaft protection requirements, means of egress requirements pertaining to minimum number of exits, maximum travel distances to exits, means of egress illumination, minimum egress widths and heights for exit doors, exit stairs, exit ramps and exit corridors requirements under the ''International Building Code of 2015.''
* * * * * (3) Accessibility requirements are applicable as follows:
(i) If construction of an uncertified building began before September 1, 1965, accessibility requirements will not be imposed by the Department.
(ii) If construction of a building began after August 31, 1965, and before February 18, 1989, and if the building is a State-owned building, a restaurant or a retail commercial establishment, the building must have at least one accessible main entrance, an accessible route from the accessible entrance to any public spaces on the same level as the accessible entrance and, if toilet rooms are provided, the building must have at least one toilet room for each sex or a unisex toilet room complying with the accessibility requirements of the ''International Building Code of 2021.''
(iii) If construction of the building began after February 17, 1989, all accessibility requirements of the ''International Building Code of 2021'' shall be met.
(4) Structural requirements will not be imposed unless the Department determines that the building or a portion of the building has defects that are defined as dangerous in section 202 of the ''International Existing Building Code of 2015.'' If the building is dangerous, the Department may impose only those requirements minimally necessary to remove danger to the building's occupants.
* * * * *
[Pa.B. Doc. No. 21-2148. Filed for public inspection December 23, 2021, 9:00 a.m.]
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