[34 Pa.B. 319]
[Continued from previous Web Page] At the suggestion of many commentators and as mandated by section 304(a) of the act, the Department is adopting the new 2003 editions of the ICC codes. There were several minor changes relating to permit exemptions in Chapter 1 of the 2003 IBC. These changes are reflected in § 403.42(c)(1)(xi).
Code officials presented information that permits should not be required for window replacement without structural change. The Department added this exemption to § 403.42(c)(1)(xiii).
The Pennsylvania Municipal Authorities Association commented that §§ 403.42(e) and 403.62(e) should be amended to insure that public water and sewer authorities are included in exemptions enumerated in these sections. To address this concern, the Department changed the language of §§ 403.42(e) and 403.62(e) to delete the word ''service'' from public service utilities. The Department also referenced the definition of ''public utility'' in 66 Pa.C.S. § 102 (relating to definitions).
IRRC commented that the Department should identify, in § 403.42(f), the documents that should be attached to the permit application. The new application sections, §§ 403.42a(b) and 403.62a(b), enumerate that construction documents must include plans and specifications.
The Department added § 403.42(f) at the AIA's request. This will allow for the issuance of annual permits to allow additional installations to already-approved electrical, gas, mechanical or plumbing work. Section 403.42a(m) was also added to enumerate the application procedures for this permit.
IRRC commented that the Department should identify the official who may approve shop drawings before system installation. In reorganized § 403.42a(f)(3)(i), the building code official shall approve shop drawings. Based upon AIA comments, the Department clarified that shop drawings pertain to fire protection systems in § 403.42a(f).
IRRC and three commentators noted that § 403.42(n) requires the permit applicant to identify the individual who will observe construction. This person may be unknown at the time of the permit application. In reorganized § 403.42a(j), the Department requires the name of the licensed architect or engineer in responsible charge. It also requires the permit applicant to notify the building code official if another architect or engineer assumes responsible charge. Newly numbered § 403.42a(k) provides additional clarification that an applicant shall specify who will perform structural observation and inspection if sections 1704 or 1709 of the IBC requires structural observations or special inspections. Additionally, language pertaining to an architect or engineer being in ''responsible charge'' in § 403.42a(j) was used, at the AIA's request, to reflect the actual use of the term in these professions.
Section 403.42(k) of the proposed rulemaking required that the manufacturer's installation instructions related to exterior wall envelopes and testing details be included with the submission of construction documents. One commentator indicated that the specific manufacturer or product is not normally known during the construction planning. The Department deleted that requirement from the final-form rulemaking.
At the AIA's request, the Department modified provisions relating to the waiver of document submission. Section 403.42a(l) now allows for the waiver of site plan submission except for accessibility requirements. Documents that have to be prepared by a licensed architect or professional engineer may not be waived.
IRRC commented that § 403.43(c) (relating to grant, denial and effect of permits) requires a building code official to mark any necessary changes for UCC compliance on the construction documents. This may place the building code official in jeopardy of violating professional licensing laws for architects and engineers. The Department modified this requirement in the final-form rulemaking to require that only nondesign changes be marked by the building code official. The Department also changed this subsection and added § 403.63(c) (relating to grant, denial and effect of permits) to require that a building code official's approval must be marked on each page of the set of plans reviewed. The Department made this change following consultations with New Jersey state building code officials.
The UAAB commented that this section did not clearly indicate that only the Department could grant extensions of time variances or appeals relating to accessibility requirements. The Department added § 403.43(j) to restrict this authority to the Secretary.
One commentator was confused by the references to extensions of time in § 403.43(g) and (i). The building code official may grant extensions of time to commence construction after the building permit is issued. Only the Board of Appeals may grant extensions of time, appeals and variances on building code officials' orders to correct or violation orders. In response to the AIA's request, the Department also added § 403.43(k) to allow deferred submission of construction documents for portions of the construction.
To reflect the Department's practice of requiring the submission of revised plans for changes made during construction, the Department added this requirement in §§ 403.43(l) and 403.63(j). The final-form rulemaking already contained a fee for revisions of approved plans in § 401.2(b)(3).
Section 403.44(a) allows the use of alternative materials and equipment which are evaluated and approved by the National Evaluation Services, Inc. (NES) as meeting the UCC. IRRC, the AIA and three other commentators noted that there are other approved laboratories and quality assurance agencies which evaluate materials and equipment. Since the proposed rulemaking was published, ICC Evaluation Service, Inc. became the successor to the NES. The Department rewrote this section to expand the alternative methods and materials which may be utilized and which will meet UCC requirements. The Department also changed the section heading to ''alternative construction materials and methods'' because this is a more accurate description of this section's contents. The Department also added the ''International Performance Code 2003'' as an alternative means of compliance with the UCC.
IRRC commented that § 403.45(c) (relating to inspections) should be changed to allow construction code official inspection ''only'' during normal business hours. The Department made the revision that an inspection should occur during normal hours at the construction site. The Department also added language that would permit inspection at a time requested or agreed to by the permit holder. However, inspections could occur at different times if required under § 403.86 (relating to right of entry to inspect). At the AIA's request, the Department added language in subsection (c) that requires construction work to remain accessible and exposed for inspection.
IRRC and one commentator commented that the reference to a ''general building'' inspection in § 403.45(e)(1) was vague and needed clarity. The Department added references to the inspector certification categories for the different inspections listed in § 403.45(e)(1)--(7), which describe the inspections with more clarity. It also deleted the reference to elevator inspections that are governed in Chapter 405.
IRRC and one commentator commented that § 403.46(b) (relating to certificate of occupancy) does not include a time frame for the code official to issue the certificate of occupancy after receiving the final inspection report. The Department modified this subsection to require the certificate to be issued within 5 business days after the receipt of the final inspection report. The Department also added the requirement that the certificate of occupancy include the permit holder's name and address.
IRRC and 12 commentators questioned the requirements for public utility connections in § 403.47 (relating to public utility connections) and § 403.66 (formerly § 403.65) (relating to public utility connections). The Department completely rewrote these sections after discussing this issue with municipal code officials and public utility companies. Both sections are identical. Subsection (a) allows a building code official to authorize temporary connection of a utility so that construction may be completed and to reflect current practice in many municipalities and Chapter 1 of the IBC and the IRC. Subsection (b) requires the permit holder to provide written proof to the utility company that the building or structure has passed UCC inspections before electricity or gas may be connected to the completed construction. This requirement is based on current practice by many utilities.
IRRC also questioned whether the public utility requirements are affected if a municipality ''opts out'' of enforcement. In those municipalities, all third-party agencies are required to have a building code official who may authorize temporary utility connection under § 403.66(a).
Three commentators stated that the permit and inspection process for residential buildings in §§ 403.61--403.66 do not require plan submission or review. The Department added § 403.62a(b) requiring the submission of plans and specifications with the permit application. This requirement will also pertain to commercial construction in § 403.42a(b). The Department added § 403.62a(c) to allow a building code official to waive the submission of construction documents if the nature of the construction does not require review of plans to determine compliance with the UCC. The Department also added § 403.62a(e), which requires the application to include a site plan except if the building code official waives this requirement.
Another commentator stated that typical residential home construction and remodeling do not include plans prepared by a registered design professional. This final-form rulemaking does not impose this requirement because Pennsylvania licensure laws do not require a licensed architect or engineer to seal plans for one- or two-family dwellings.
The House Labor Relations Committee, IRRC and a number of commentators requested that the permit application and approval process for commercial and residential construction be as similar as possible. The Department revised and drafted §§ 403.41--403.43 and 403.61--403.63 to address this request.
The House Labor Relations and Local Government Committees, other legislators and the PSATS expressed concern about the impact of the final-form rulemaking on citizens making minor repairs to their residences. In response, the Department significantly revised § 403.62 to exempt numerous home repairs from permit requirements. Exempted repairs now include minor electrical work such as installation of dimmer switches and replacement of receptacles, switches and light fixtures. Exemptions will also cover, for example, construction of decks lower than 30 inches above grade, repair or replacement of a porch, replacement of siding, repair and replacement of appliances and ordinary repairs. The Department also excluded ordinary repairs from the permit requirement.
In revising § 403.62, the Department utilized New Jersey's construction code, section 5:23-9.3, as a guide. The Department considered establishing a monetary threshold for this exemption. However, this threshold could not be reasonably enforced because of the practical difficulties of determining the costs of a project and because a large project could be divided into phases to circumvent the final-form rulemaking. A monetary threshold could also require permits for work that is actually exempted under the Department's revised § 403.62. Moreover, a monetary threshold could exempt permits for work that should be reviewed and inspected such as construction that changes the structure or negatively impacts safety. A monetary limit would also require permits for construction that could reasonably be excluded such as deck construction. This option and leaving this decision to each municipality would also undermine the intent of having a uniform code.
The Department also considered residential exemptions based upon whether the construction involves the replacement of a nonstructural component or part with another component or part of equal type, size or specification. Exclusion based upon these criteria would cause confusion and enforcement difficulties. This type of exclusion would also be more restrictive, in many ways, than the Department's proposal. For example, construction of new decks and fences would require a permit under the amendment while the Department's proposal would exempt construction of certain new decks and fences. Additionally, construction and repairs that should be regulated for safety reasons (for example, water heaters and roofing) will be unregulated.
Based upon comments, the Department made revisions allowing emergency repairs without first obtaining a permit if application is made within 3 days of the repair or replacement (§§ 403.42(b) and 403.62(b)). The Department also added exclusions for ''ordinary repairs'' in subsection (d).
IRRC suggested that the Department use the term ''permit'' rather than ''building permit'' in § 403.64(a) and (g) (relating to inspections) (former § 403.63(a) and (g)) for clarity. The Department made this change.
IRRC and four commentators questioned why the lists of inspections required under § 403.64(d) and (f) (former § 403.63(d) and (f)) are different. These inspection provisions reflect section 501(e) of the act. The inspection requirements during construction differ from those that are required as part of the final inspection. However, this difference may be confusing. The Department rewrote subsection (f) to reference a final inspection and compliance with the UCC without enumerating specific inspections. IRRC also questioned the meaning of the term ''general building information'' in § 403.64(f) (former § 403.63(f)). The term ''general building information'' was deleted with the other enumerated building inspections.
IRRC also suggested that the Department add examples of the ''other inspection'' that a municipality may require to ascertain compliance with the UCC in § 403.64(e) (former § 403.63(e)). Examples or a list of possible inspections may limit the municipality's inspection authority. The type of additional inspections a municipality would perform would be based on unique construction circumstances or municipal code enforcement procedures.
Three commentators recommended that the Department eliminate the requirement in § 403.64(h) (formerly § 403.63(h)) that the municipality send a copy of the final inspection report to the lender because the lender may be unknown or because the municipality should not become involved in the business relationship between the lender and owner. The Department deleted this section.
The Department renumbered the remaining sections in this subchapter. IRRC commented that the final-form rulemaking should include a time frame in which the code official must issue the certificate of occupancy after receiving the final inspection report. The Department modified § 403.65(b) (relating to certificate of occupancy) to require the certificate to be issued within 5 business days after the receipt of the final inspection report.
The Department received numerous comments on the use of the term ''structure'' throughout the final-form rulemaking. The Department deleted this term from § 403.65 (former § 403.64). However, the ICC codes utilize this term. The Department accordingly placed a definition of ''structure'' in § 401.1.
The AIA objected to the provision in § 403.81(a) (relating to stop work order) that a building code official could issue a stop work order if the construction could interfere with an inspection. The Department deleted this provision because it also mandated that construction remain accessible and exposed for inspection in § 403.45(c). A building code official may issue a written stop order, nonetheless, if the construction violates the UCC or is being performed in a dangerous and unsafe manner.
The AIA requested that the Department add language to § 403.84 (relating to unsafe building, structure or equipment) indicating that a vacant building or structure is unsafe if it is not secure against entry. The Department agrees with this recommendation and revised § 403.84(a) to incorporate this recommendation.
IRRC and one commentator questioned the necessity of keeping building records for the life of the building if the building is substantially renovated under § 403.85(a) (relating to release, retention and sharing of commercial construction records). It is absolutely necessary to keep building plans and records for as long as the building is in existence. Even if the building is substantially renovated, existing structure or foundation and framework is not changed. The Department currently keeps building records for all commercial buildings for their entire existence. These records are used daily for violation determinations, fire and accident inspections and countless other reasons.
IRRC and other commentators also questioned public access to building records under § 403.85. The act of June 21, 1957 (P. L. 390, No. 212) known as the Right-to-Know Law (65 P. S. §§ 66.1--66.9) controls public access to these documents. The Department added § 403.85(e) and (f) to authorize release of records to the public under the Right-to-Know Law and to reflect public safety concerns. Consistent with the Right-to-Know Law, the Department, a municipality and a third-party agency acting on behalf of a municipality may prohibit the release of applications received, building plans and specifications, inspection reports and similar documents. These documents should be released to the building owner of record, the permit holder, the design professional of record or a third-party authorized by the building owner in writing to receive the documents upon presentation of valid identification. The Department, the Department of General Services, law enforcement or emergency response agencies and Federal, State or local health agencies may also have access to these records.
IRRC commented that § 403.86(a) allows a code official to enter a building at ''reasonable times.'' IRRC requested that the Department replace this phrase with ''normal business hours.'' The Department made this revision and added the phrase ''or at times agreed to by the owner.''
IRRC and the PBA indicated that the rulemaking does not address how and when the UCC takes effect in municipalities, especially the municipalities that do not inform the Department whether they will enforce the UCC. The PBA requested that the Department mandate that the UCC take effect within 90 days of publication. According to the PBA, this approach would avoid legal liability for builders because there would be no question on the date that the UCC took effect and no builder would be at a competitive disadvantage. See section 1103 of the act (35 P. S. § 7210.1103). However, this approach does not reflect the different dates that would be in place for municipalities that choose to enforce the UCC. Also, a municipality has to provide notice to the Department of UCC enforcement and that municipalities may not be ready to enact the UCC within 90 days and provide notice to builders of enforcement. See section 501(a)(2) of the act.
Section 403.101 (relating to effective date) was added to clearly specify the UCC's effective date. It provides that the UCC will take effect when: (1) a municipality enacts an ordinance adopting the UCC and provides notification to the Department within 210 days of publication; (2) 210 days elapses from the date of publication and the municipality provides no notification; or (3) a municipality elects not to enforce the UCC and provides notification within 210 days of publication. Based on comments received by a member of the UAAB, § 403.101 now clearly specifies that the Universal Accessibility Act will remain in force until the UCC takes effect to ensure that there will be continued compliance with accessibility standards.
With the addition of § 403.101, the Department renumbered proposed §§ 403.101--403.103. IRRC also instructed the Department to correct the cross reference of § 401.3 (relating to certification required) in § 403.102(h) (former § 403.101(i)). The Department made this correction and this cross reference is made to § 403.2a. The Department also moved the subject matter in § 403.102(c) (former § 403.101(c)) to § 403.101.
IRRC questioned how the Department would notify municipalities which submit ordinances that equal or exceed UCC requirements for Department review of the Department's determination. See section 503(f) and (i) of the act. The Department added § 403.102(j) to address this concern. The Department will notify the municipality in writing of its determination under section 503(b) of the act.
The PBA recommended that the Department expand the rulemaking to detail the process for written challenges to municipal ordinances. The act provides the process for challenging an ordinance. The Department added § 403.102(k) to notify aggrieved parties of the statutory provisions and procedure for challenging a municipal ordinance. Section 403.102(k)(1) references the statutory provisions for a written challenge (see section 503(j) of the act) and § 403.102(k)(2) references the act's requirements for the Department's ruling on these challenges (see section 503(k) of the act).
The PBA and the American Forest and Paper Association suggested that the Department post all filed municipal ordinances, in their entirety, on its website. The Department will post summary information about proposed ordinances on its website. All ordinances, in their entirety, will be available for public inspection. The Department does not have the staff and resources to post and maintain entire ordinances accurately and timely on its website.
Under § 403.102(l) of the final-form rulemaking, a municipality may enact an ordinance that meets or exceeds §§ 403.42a(a)--(e) and (g)--(n) and 403.62(a)--(e).
IRRC questioned former § 403.101(l), which allows a municipality to require additional information on an addendum to an application. The Department deleted this requirement because it also removed the requirement that all permit applicants utilize an application form developed by DCED.
IRRC and numerous third-party agencies questioned why the Department did not state that municipalities opting not to enforce the UCC shall provide written notice to applicants for commercial building permits that they may obtain the services of a third-party agency in § 403.103(g) (former § 403.102(f)) (relating to municipalities electing not to enforce the Uniform Construction Code). The final-form rulemaking requires municipalities to notify these applicants that they must maintain the services of the Department. Section 501(e)(2) of the act allows a third-party agency under contract to the Department to conduct plan review and inspections in municipalities that ''opt out'' of enforcement. The Department is responsible for ultimately paying and assigning third-party agencies under contract. Accordingly, applicants should contact the Department directly so that it may appropriately govern these activities.
Because of comments and issuance of a new model code, compliance with the ''International Performance Code'' may be accepted as an alternative to UCC compliance in § 403.103(c). Based upon the PSATS comment and in accordance with section 501(e)(3) of the act, § 403.103(f) now reflects that a third-party agency does not have to provide a copy of the final inspection report to a municipality that does not enforce the UCC. Additionally, § 403.103(g)(5) was added to ensure that applicants for Department review of commercial construction in municipalities that ''opt out'' will have to provide the Department with information on the proposed occupancy or use of the building or structure.
IRRC and the UAAB suggested that the Department add language to § 403.104(a) (former § 403.103(a)) (relating to Department review) concerning the corrective action it can take after an investigation of complaints concerning municipal enforcement and administration of the UCC. The Department added subsection (c), which states that the Department may initiate an action in Commonwealth Court, initiate decertification proceedings against code administrators and initiate prosecutions. See section 903 of the act (35 P. S. § 7210.903) and sections 105 and 701 of the act.
IRRC asked what action would cause the Department to review a municipal enforcement program more than once in a 5-year period under § 403.104(b) (former § 403.103(b)). A written complaint would cause the Department to initiate a review at any time. The UAAB suggested lowering the review period to 3 years. The Department does not have the resources to perform any type of meaningful review more frequently without sacrificing other UCC enforcement. Additionally, the Department did not utilize the comment that violations of the accessibility provisions lead to mandatory prosecutions. The Department has discretion to enforce and prosecute, when appropriate, violations concerning accessibility. Mandating prosecution for every violation is not cost-effective, will unduly penalize individuals who attempt to comply with the act and will detract from the Department's preference for compliance and education over punishment. However, subsection (b) now specifies that the Department will review a municipal program regardless of the elapsed time if a complaint is received under section 105(a) of the act.
IRRC commented that the requirements for board of appeals members in § 403.121 (relating to board of appeals) were vague and suggested that the Department include more detailed information on qualifications. The qualifications for board of appeals members reflect Chapter 1 of the IBC in accordance with section 501(c) of the act. Overly stringent requirements may block effective code enforcement by unreasonably decreasing the availability of board members. However, this section was rewritten to provide for training and experience in construction, as a design professional, or as an inspector or plan reviewer. Additionally, a municipal code administrator may not serve on its board. The powers granted to the board of appeals under § 403.121(b) are consistent with section 501(c)(2) of the act.
One commentator stated that the phrase ''governing body'' in former § 403.121(c)(1) conflicts with the First Class City Charter and possibly other home rule municipality charters. The Department deleted § 403.121(c)(1) and included a provision in § 403.121(a) that the municipality appoints members to serve on a board of appeals.
IRRC questioned why § 403.122(a) requires the filing of appeals with the building code official rather than the board of appeals. The Department changed this section to read that appeals are to be filed with the board of appeals.
IRRC commented that in § 403.122(b) the use of the terms ''postmark date'' and ''personal delivery'' should be clarified. The Department added definitions for these terms in § 401.1.
IRRC questioned why ''other appropriate relief'' may be taken by the board of appeals in § 403.122(i)(4) because the phrase was unclear and suggested that the Department provide some examples of ''other appropriate relief.'' The Department agreed that the term was unclear and deleted this provision.
Section 403.122(j) requires that a board of appeals will provide written notice of its decision to the owner, the owner's agent and the building code official. IRRC asked if the municipality would also receive written notice. Written notice will be provided to the building code as an employee or agent of the municipality.
Tom Wenner, an accessibility advocate, suggested that the language in § 403.141(b) (relating to enforcement by the Department) regarding the certified accessibility specialist be consistent with the language in § 403.102(o). The Department changed the last line of § 403.141(b) to refer to certified accessibility specialist as a ''code administrator certified as an accessibility specialist.''
The Department modified § 403.142(d)(5) to require that the Accessibility Advisory Board provide written notification of hearings at least 5 days prior to the hearing unless the owner waives this period. The Department made this revision because IRRC requested more specific requirements for a time period and the manner of notification.
The Department received a number of comments requesting that it regulate mine elevators, automated people movers, personnel hoists and material lifts. This would expand the Department's jurisdiction into areas regulated by other government entities. Automated people movers are rail devices and are not considered lifting devices that fall within the final-form rulemaking. The Federal government regulates mine elevators and personnel hoists. Accordingly, the Department is preempted from regulating these items. The Department has historically only regulated and inspected devices lifting individuals.
IRRC questioned the use of the terms ''dwelling units'' in § 405.1(b) (relating to scope). The Department also received many comments concerning elevator inspection in private dwellings. The Department reviewed § 405.1 and clarified the language in § 405.1(b)(3) to state that elevators in residential buildings accessible by the occupants of more than one dwelling unit are not excluded from the UCC. However, lifts in other private residences are excluded.
IRRC questioned the level of repair or renovation that would be required for existing elevators. The Department also received numerous comments on how the periodic testing and inspection requirements applied to existing elevators. To clarify the repair and renovation requirements and the applicability of the testing and inspection requirements of §§ 405.7--405.9 (relating to periodic inspections; periodic testing; and periodic dynamic testing) to existing elevators, the Department added language to § 405.1(c)(3). Specifically, an elevator owner may continue to operate an elevator in accordance with the code in existence at the time the elevator was installed if the owner complies with the testing and inspection requirements of §§ 405.7--405.9.
In § 405.2(a) (relating to standards), the Department adopted numerous National standards to govern elevators and lifting devices. All of these standards reference other standards. To clarify which of the standards referenced in the adopted standards apply under the UCC, the Department added language stating that the referenced standards are adopted to the extent that they are not excluded by § 405.2(b).
In § 405.2(a)(2), the Department updated the adopted ''ASME B20.1'' standard to the most current 2002 edition. In § 405.8(a), the Department updated its reference to ''ASME A17.1-2000'' by incorporating the 2002 addenda. In § 405.8(b), the Department updated its reference to ''ASME A18.1-1999'' by incorporating the 2001 addenda.
The Department received numerous comments on the testing schedules for hydraulic elevators. IRRC and PM Associates commented that test cycles for hydraulic elevators should be shorter and that the testing should be phased-in. The Department agrees with this comment. In § 405.8(a)(3), the Department reduced the inspection interval from 5 years to 3 years and phased-in the testing requirements over a 3-year period. Elevators installed before 1973 shall be tested in the first year. Elevators installed between 1973 and 1992 shall be tested in the second year. Elevators installed after 1992 shall be tested in the third year. Elevator owners may have these tests performed prior to the required phase-in year. For consistency with this section, the Department deleted § 405.2(d)(4) on testing intervals for hydraulic elevators.
The Department also added § 405.8(b) to require witnessing of each test required by § 405.8.
Upon review of the final-form rulemaking's testing requirements, the Department discovered that it did not specifically set forth the testing scheduled for vertical reciprocating conveyers. The Department added § 405.8(f) to require these devices with platform safety devices to be tested at 5-year intervals. The Department also discerned that the test documentation on elevator equipment was not specifically addressed. The Department added § 408.5(h), which requires elevator inspection companies to mark elevators which pass these tests with metal tags containing information on test performed, date and name of company performing the test. This will assist the owner by providing information for future tests, inspections and maintenance on the elevator at the elevator site.
IRRC and the Pennsylvania Ski Areas Association commented that the requirement in § 405.11(d) (relating to accident report) that a lifting device involved in an accident may not be returned to operation until the Department provides approval would create a serious problem for the ski industry. The Pennsylvania Ski Areas Association stated that most accidents occurring on ski lifts are not caused by a mechanical problem but by skiing accidents. In the proposed rulemaking, this section required ski areas to shut down ski lifts every time a skier falls when getting off the lift through no fault of the equipment. The Department agrees and modified § 405.11(d) to require the equipment to be shut down only in cases of fatal injury. The Department also added § 405.11(e), which requires elevators and lifting equipment involved in nonfatal accidents resulting from mechanical or electrical failure to be placed out of operation until the Department approves the equipment for service.
One commentator raised the concern that ski lift owners may not know when a skier injured by a lift is hospitalized. The commentator suggested amendment of this provision to provide direction regarding situations when an owner is not immediately aware that the injured party is hospitalized. This comment will not be implemented. The Department will accept notification from the ski lift owner within 24 hours of knowledge of the accident. Ski lift owners will not be penalized for not reporting accidents resulting in hospitalization of the injured party, if they did not know of the hospitalization.
IRRC also questioned how the accident reports required in § 405.11(b) would be available to ski area owners and staff. These forms will be available on the Department's website and they will be available in paper format from the Department. The Department will accept notification by mail and fax.
IRRC commented that the term ''initial inspection'' used in § 405.12(w) (relating to lumber elevators) concerning full load testing for rated lifting capacity is unclear. In the elevator inspection industry, the term is understood as the first inspection on a new equipment installation. Only the Department performs initial inspections. This test would only be performed on new installations.
IRRC and Robert L. Seymour and Associates, Inc. requested that the Department clarify who approves landing door interlocks under § 405.35(b) (relating to landing doors). The Department modified this section to state that Department approval is required.
The Department rewrote § 405.36(c) (relating to lifting capacity) as new § 405.37 (relating to operating speed). The lifting capacity speed enumerated in § 405.36(c) is more correctly characterized as an operating speed and should be a stand-alone section that is not incorporated as part of lifting capacity.
Robert L. Seymour and Associates, Inc. questioned the emergency stop switch provisions in § 405.38 (relating to operating controls). The Department reorganized the provisions for emergency stop switches in § 405.38 for clarity.
In § 405.42 (relating to additional requirements), the Department clarified the gross weight calculation of moveable platforms in subsection (d) and the requirement for secondary disconnection device when motor or controller is not visible from mainline disconnect switch.
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 the notice of proposed rulemaking, published at 32 Pa.B. 4127, to IRRC and the Chairpersons of the Senate Committee on Labor and Industry and the House Labor Relations Committee for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on November 19, 2003, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 20, 2003, and approved the final-form rulemaking.
Contact Person
The contact person is Charles J. Sludden, Jr., Director, Bureau of Occupational and Industrial Safety, Department of Labor and Industry, Room 1613, Labor and Industry Building, 7th and Forster Streets, Harrisburg, PA 17120, csludden@state.pa.us.
Findings
The Department finds that:
(1) Public notice of intention to promulgate administrative regulations amended by this order has been given under section 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The final-form rulemaking adopted by this order is necessary and appropriate for the administration of the act.
Order
The Department, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 34 Pa. Code, are amended by amending §§ 401.1 and 401.2; and by adding §§ 401.2a, 403.1--403.3, 403.21--403.27, 403.41, 403.42, 403.42a, 403.43--403.48, 403.61, 403.62, 403.62a, 403.63--403.66, 403.81--403.86, 403.101--403.104, 403.121, 403.122, 403.141, 403.142, 405.1--405.12 and 405.31--405.42 to read as set forth in Annex A.
(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 take effect April 9, 2004.
STEPHEN M. SCHMERIN,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 33 Pa.B. 5994 (December 6, 2003).)
Fiscal Note: 12-60. (1) General Fund; (2) Implementing Year 2002-03 is $0; (3) 1st Succeeding Year 2003-04 is $1,500,000; 2nd Succeeding Year 2004-05 is $22,000; 3rd Succeeding Year 2005-06 is $7,000; 4th Succeeding Year 2006-07 is $7,500; 5th Succeeding Year 2007-08 is $10,000; (4) 2001-02 Program--$9,100,000; 2000-01 Program--$8,800,000; 1999-00 Program--$8,400,000; (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:
ALI--The Automatic Lift Institute, Post Office Box 33116, Indialantic, Florida, 32903-3116.
ANSI--American National Standards Institute, 11 West 42nd Street, New York, New York 10036.
ASME--The American Society of Mechanical Engineers, Three Park Avenue, New York, New York 10016-5990.
Accessibility Advisory Board--The Department's Accessibility Advisory Board created under section 106 of the act (35 P. S. § 7210.106).
Accredited academic institution--A high school, technical or vocational school, private school licensed or registered with the Department of Education, junior college, community college or university.
Act--The Pennsylvania Construction Code Act (35 P. S. §§ 7210.101--7210.1103).
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, or the building code official's designee, who manages, supervises and administers building code enforcement activities under § 401.7(a)(18) (relating to certification category specifications). Duties include, but are not limited to: management of building code enforcement activities; supervision of building inspectors or plan examiners; authorizing issuance of certificates of occupancy; issuance of building permits, violation notices and orders to vacate; and the initiation of prosecutions.
Certificate of occupancy--A certificate issued by a building code official allowing occupancy of a building or structure under the Uniform Construction Code.
Certified building official--A classification administered by the International Code Council or its predecessor organization.
Chapter 11--Chapter 11 of the International Building Code relating to accessibility requirements adopted as part of the Uniform Construction Code.
Code administrator--A municipal code official, construction code official or third-party agency certified with the Department under the act or the Department under section 103 of the act (35 P. S. § 7210.103). The term includes an individual certified in a category established under this chapter to perform plan review of construction documents or administer and enforce codes and regulations in that category under the act or related acts.
Commercial construction--A building, structure or facility that is not a residential building.
Construction code official--An individual certified by the Department in an appropriate category established under section 701(b) of the act (35 P. S. § 7210.701(b)) to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations in that category under the act or related acts under section 103 of the act.
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.
Current code administrator--An individual who performed plan review of construction documents, inspections of one-family or two-family residential property or other buildings, structures and equipment or administered and enforced a construction code program, and who was employed by or under contract with the Commonwealth or a municipality prior to the effective date of adoption of the final-form regulations for the Uniform Construction Code. The term includes an individual who performed these duties as an employee, contractor or agent of a person employed by or under contract with the Commonwealth or a municipality of this Commonwealth prior to April 9, 2004.
Department--The Department of Labor and Industry of the Commonwealth.
Elevator--Hoisting and lowering devices governed by ASME standards adopted by the Department under the Uniform Construction Code and other lifting devices subject to the requirements of the Uniform Construction Code.
Facility--All or any portion of buildings, structures, site improvements, elements and pedestrian or vehicular routes located on sites where the buildings or structures are located.
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.
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 2003'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
ICC Evaluation Services, Inc.--The ICC Evaluation Services, Inc., 5360 Workman Mill Road, Whittier, California 90601.
ISO--The International Organization for Standardization, 1, Rue de Varembé, Case Postale 56 CH 1211, Geneva 20, Switzerland.
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 2003'' (first printing), issued by the ICC. The term includes all errata issued by the ICC.
International Energy Conservation Code--The ''International Energy Conservation Code 2003'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
International Accreditation Service, Inc.--The International Accreditation Service, Inc., 5360 Workman Mill Road, Whittier, California 90601.
International Existing Building Code--The ''International Existing Building Code for Buildings and Facilities 2003 (First Printing) issued by the International Code Council. The term includes all errata issued by the ICC.
International Fire Code--The ''International Fire Code 2003'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
International Fuel Gas Code--The ''International Fuel Gas Code 2003'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
International Mechanical Code--The ''International Mechanical Code 2003'' (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 2003'' (First Printing) issued by the ICC. The term includes all errata issued by the ICC.
International Plumbing Code--The ''International Plumbing Code 2003'' (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 2003'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
International Urban--Wildland Interface Code--The ''International Urban-Wildland Interface Code 2003'' issued by the ICC. The term includes all errata issued by the ICC.
Legally occupied--Use or habitation of a building or facility that was occupied in accordance with all valid construction statutes and ordinances in effect before April 9, 2004.
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).
NSPI--National Spa & Pool Institute, 2111 Eisenhower Avenue, Alexandria, Virginia 22314.
Occupancy--Approved use of a building or a structure under the Uniform Construction Code.
PHRC--The Pennsylvania Housing Research Center, 219 Sackett Building, University Park, Pennsylvania 16802.
Passenger ropeway--An aerial tramway, aerial lift, surface lift, tow, conveyor or other lifting device which carries, pulls or pushes passengers along a level or inclined path by means of a haul rope or other flexible element which is driven by a power unit remaining essentially at a single location.
Pennsylvania's alternative residential energy provisions--The ''Pennsylvania Alternative Residential Energy Provisions'' issued February 2003 by the PHRC.
Permit--A document issued by a building code official authorizing the construction, alteration, repair, demolition, location, maintenance or installation relating to a building, structure, elevator or equipment under the Uniform Construction Code.
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.
Personal delivery--The date that the appeal or request for a variance or extension of time under §§ 403.122 and 403.142 (relating to appeals, variances and extensions of time; and Accessibility Advisory Board) was delivered to a common carrier, or was received by facsimile transmission or hand-delivery at the office of the building code official.
Postmark--The date of the official United States Postal Service postmark on the envelope containing an appeal or request for variance or extension of time under §§ 403.122 and 403.142 or the date of a private postage meter mark on the envelope containing the appeal or request.
Repair--Reconstruction or renewal of any part of an existing building for the purpose of its maintenance.
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 which includes the dwellings' accessory structures.
Secretary--The Secretary of the Department.
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.
Third-party agency--A person, firm or corporation certified by the Department as a construction code official and contracted to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations under the act.
Uniform Construction Code--This chapter; ''The International Building Code First Edition 2003'' and the ''International Residential Code for One- and Two-Family Dwellings 2003,'' available from the International Code Council, Inc., 4051 W. Flossmoor Road, Country Club Hills, Illinois 60478-5795, 1 (800) 786-4452; and any standards adopted by the Department in this chapter under section 301 of the act (35 P. S. § 7210.301).
Variance--A modification of a Uniform Construction Code standard approved by a board of appeals or the Industrial Board and by the Secretary for accessibility requirements.
§ 401.2. Department fees.
(a) The following fees apply to the certification of code officials. The Department will charge one fee per certification application. An individual may apply for certification for multiple categories on a single application form. Fees are nonrefundable.
(1) Initial certification and registration--$50.
(2) Certification renewal--$50.
(3) Third-party agency certification and renewal--$250.
(4) Identification card replacement--$10.
(b) The following fees shall apply to the Department's issuance of a permit for the construction, alteration or demolition of a building or structure:
(1) New construction (i) New buildings and additions $100 plus 20¢ per square foot of floor area or each fraction of floor area. (ii) New structures and facilities other than buildings $300 (2) Alterations, renovations or modifications of existing buildings or structures $100 plus $20 for each $1,000 of estimated cost of alterations, renovations or modification certified by the permit applicant (3) Revisions of approved plans and accelerated approval $300 (4) Department accessibility plan review and inspection under § 403.141(b) (relating to enforcement by the Department) $200 (5) Building or structure demolition $100 (6) Annual permit $100 (c) The following fees apply to the issuance of a permit for the installation or repair of an elevator and lifting device: (1) Electric elevator (i) 1 to 10 openings $300 (ii) Each additional opening (per opening) $10 (2) Roped hydraulic elevator and roped/chained reciprocating conveyors $300 (3) Hydraulic elevator, limited use/limited access elevator and direct acting hydraulic vertical reciprocating conveyor $200 (4) Aerial tramway and aerial detachable lift (i) Basic fee $500 (ii) Additional fee per tower over 15 towers $35 (5) Aerial lift, fixed (i) Basic fee $300 (ii) Additional fee per tower over ten towers $35 (6) Surface lift, tow and conveyor $200 (7) Escalator and moving walk $300 (8) Wheelchair lift and inclined stairway chairlift $150 (9) Orchestra lift, belt manlift, stage lift, organ lift and other lifting devices $300 (10) Permit for major repair $200 (11) Reinspection following failed major repair inspection (per inspection) $100 paid before reinspection (12) Reinspection following failed acceptance inspection (to a maximum of $300 per inspection) 50% of initial permit fee paid before reinspection (13) Revision of plans 50% of initial permit fee (d) The following fees shall apply to periodic elevator and other lifting device inspections under § 405.7 (relating to periodic 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 (e) The following fees shall apply to witnessing periodic tests under § 405.8 (relating to periodic testing): (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 (f) The following fees shall 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 (g) The following fees shall apply to a certificate of operation: (1) Annual renewal $ 25 (2) Duplicate $ 25 (h) The following fees shall apply to a variance request: (1) Industrial Board variance request appeal or extension of time $100 (2) Accessibility Advisory Board variance request application $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.
CHAPTER 403. ADMINISTRATION GENERALLY
Sec.
403.1. Scope. 403.2. Other statutes or ordinances. 403.3. Building code official delegation. 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. Swimming pools. 403.27. Applicability and use of standards. PERMIT AND INSPECTION PROCESS FOR COMMERCIAL CONSTRUCTION
403.41. Commercial construction. 403.42. Permit requirements and exemptions. 403.42a. Permit application. 403.43. Grant, denial and effect of permits. 403.44. Alternative construction materials and methods. 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 requirements and exemptions. 403.62a. Permit application. 403.63. Grant, denial and effect of permits. 403.64. Inspections. 403.65. Certificate of occupancy. 403.66. 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. Release, retention and sharing of commercial construction records. 403.86. Right of entry to inspect. MUNICIPAL ELECTION
403.101. Effective date. 403.102. Municipalities electing to enforce the Uniform Construction Code. 403.103. Municipalities electing not to enforce the Uniform Construction Code. 403.104. 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
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