34 Pa. Code § 403.21. Uniform Construction Code.

STANDARDS

§ 403.21. Uniform Construction Code.

(a)  The Department adopts and incorporates by reference the following codes as the Uniform Construction Code:
   (1)  The provisions of Chapters 2—10, 12—29 and 31—35 of the ‘‘International Building Code of 2018,’’ 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)   The following provisions of Chapter 30 are adopted:
       (A)   Section 3002.1 (relating to hoistway enclosure protection).
       (B)   Section 3002.2 (relating to number of elevator cars in a hoistway).
       (C)   Section 3002.4 (relating to elevator car to accommodate ambulance stretcher).
       (D)   Section 3002.7 (relating to common enclosure with stairway).
       (E)   Section 3004.2.1 (relating to enclosure).
       (F)   Section 3004.3.1 (relating to enclosure).
       (G)   Section 3005.4 (relating to machine rooms, control rooms, machinery spaces, and control spaces).
       (H)   Section 3006 (relating to elevator lobbies and hoistway opening protection).
       (I)   Section 3007 (relating to fire service access elevators).
       (J)   Section 3008 (relating to occupant evacuation elevators).
     (iii)   Section 803.3 (relating to heavy-timber exemption) is modified to add the phrase: ‘‘In buildings equipped throughout with an automatic sprinkler system installed in accordance with section 903.3’’ before the word exposed.
     (iv)   The following provisions are excluded:
       (A)   Section 704.2 (relating to column protection).
       (B)   Section 704.4.1 (relating to light frame construction).
     (v)   The following provisions of the ‘‘International Building Code of 2015’’ are adopted:
       (A)   Section 704.2 (related to column protection).
       (B)   Section 704.4.1 (relating to light-frame construction).
   (2)  Chapter 11 of the ‘‘International Building Code of 2021.’’
   (3)  The ‘‘International Mechanical Code of 2018.’’
   (4)  The ‘‘International Fuel Gas Code of 2018.’’
   (5)  The ‘‘International Performance Code for Buildings and Facilities of 2018.’’
   (6)  The ‘‘International Plumbing Code of 2018’’ 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).
       (B)   Section 403.5 (relating to drinking fountain location).
       (C)   Section 404 (relating to accessible plumbing facilities).
       (D)   Section 405.3.1 (relating to water closets, urinals, lavatories and bidets).
   (7)  The ‘‘International Residential Code of 2018,’’ 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.
     (ii)   The following specifications apply to residential stairway treads and risers.
       (A)   The maximum riser height is 8 1/4 inches. There may be no more than a 3/8 inch variation in riser height within a flight of stairs. The riser height is to be measured vertically between leading edges of the adjacent treads.
       (B)   The minimum tread depth is 9 inches measured from tread nosing to tread nosing.
       (C)   The greatest tread depth within any flight of stairs may not exceed the smallest by more than 3/8 inch.
       (D)   Treads may have a uniform projection of not more than 1 1/2 inches when solid risers are used.
       (E)   Stairways may not be less than 3 feet in clear width and clear headroom of 6 feet 8 inches shall be maintained for the entire run of the stair.
       (F)   Handrails may project from each side of a stairway a distance of 3 1/2 inches into the required width of the stair.
     (iii)   The following provisions are excluded:
       (A)   Section R302.5.1 (relating to opening protection).
       (B)   Section R322.2.1 (relating to elevation requirements for flood hazard areas).
       (C)   Section R322.3.2 (relating to elevation requirements for coastal high hazard areas).
       (D)   Exception 2 of section R325.5 (relating to openness).
       (E)   Section R703.7.1 (relating to lath).
       (F)   Section R703.7.2 (relating to plaster).
       (G)   Section R703.7.3 (relating to water-resistive barriers).
       (H)   Section R806.2 (relating to minimum vent area).
       (I)   Section R1005.8 (relating to insulation shield).
       (J)   Section N1101.4 (relating to above code programs).
       (K)   Section N1103.3.5 (relating to building cavities).
       (L)   Section N1105.4.2 (relating to compliance report).
       (M)   Section N1106.3 (relating to energy rating index).
       (N)   Section N1106.6.1 (relating to compliance software tools).
       (O)   Section N1106.6.4 (relating to specific approval).
       (P)   Section N1106.6.5 (relating to input values).
       (Q)   Section N1108.1.1.2 (relating to heating and cooling systems).
       (R)   Section N1109.1.2 (relating to heating and cooling systems).
       (S)   Section M1305.1.3.2 (relating to pit locations).
       (T)   Section M1502.3.1 (relating to exhaust termination outlet and passageway size).
       (U)   Section P2503.5.1 (relating to rough plumbing).
       (V)   Section P2903.5 (relating to water hammer).
       (W)   Section P2906.6.1 (relating to saddle tap fittings).
     (iv)   The following provisions are modified:
       (A)   Section R311.7.4 (relating to walkline) is amended by adding figure R311.7.4 (relating to winder tread and landing detail).

       (B)   Section R325.6 (relating to habitable attic) is amended by removing subsection 4.
       (C)   Subsection 2.4 of section R408.3 (relating to unvented crawl space) is amended to read as follows: ‘‘Dehumidification sized in accordance with manufacturer’s specifications.’’
       (D)   Section R702.7.3 (relating to minimum clear airspaces and vented openings for vented cladding) is amended by adding a comma after the word ‘‘vinyl’’ in subsection 1.
       (E)   Section R703.7 (relating to exterior plaster (stucco)) is amended by requiring compliance with ASTM standards C926-2018B and C1063-2018B.
       (F)   The last sentence of section R806.1 (relating to ventilation required) is amended to read as follows: ‘‘Required ventilation openings shall open directly to the outside air.’’
       (G)   The first sentence of section R806.3 (relating to vent and insulation clearance) is amended to read as follows: ‘‘Where eave or cornice vents are installed, nothing shall block the free flow of air.’’
       (H)   The Fenestration U-Factor in Climate Zone 3 for Table N1102.1.2 (relating to insulation and fenestration requirements by Component) is amended to 0.35.
       (I)   Section N1105.2 (relating to mandatory requirements) is amended to require compliance with the mandatory provisions of section N1102.4.1.2 (relating to testing).
       (J)   Section E3901.11 (relating to foyers) is amended by replacing 3 feet (914 mm) with 6 feet (1829 mm) and a minimum of one receptacle.
     (v)   The following provisions of the International Residential Code of 2009 are adopted:
       (A)   Section R302.5.1 (relating to opening protection).
       (B)   Section R322.2.1 (relating to elevation requirements for flood hazard areas).
       (C)   Section R322.3.2 (relating to elevation requirements for coastal high hazard areas).
       (D)   Section N1101.8 (relating to above code programs).
       (E)   Section N1103.2.3 (relating to building cavities).
       (F)   Section P2503.5.1 (relating to rough plumbing).
       (G)   [Reserved].
     (vi)   The following provisions of the ‘‘International Residential Code of 2015’’ are adopted:
       (A)   Section R806.2 (relating to minimum vent area).
       (B)   Section N1105.4.2 (relating to compliance report).
       (C)   Section N1106.3 (relating to energy rating index).
       (D)   Section N1106.3.1 (relating to ERI reference design).
       (E)   Section N1106.6.1 (relating to compliance software tools).
       (F)   Section N1106.7 (relating to calculation software tools).
       (G)   Section N1106.7.1 (relating to minimum capabilities).
       (H)   Section N1106.7.2 (relating to specific approval).
       (I)   Section N1106.7.3 (relating to input values).
       (J)   Section N1108.1.1.2 (relating to heating and cooling systems).
       (K)   Section N1109.1.2 (relating to heating and cooling systems).
       (L)   Section M1305.1.4.2 (relating to excavations).
       (M)   Section P2903.5 (relating to water hammer).
     (vii)   The following provisions of the ‘‘International Residential Code of 2021’’ are adopted:
       (A)   Section R703.7.1 (relating to lath).
       (B)   Section R703.7.1.1 (relating to furring).
       (C)   Section R703.7.2 (relating to plaster).
       (D)   Section R703.7.3 (relating to water-resistive barriers).
       (E)   Section R703.7.3.1 (relating to dry climates).
       (F)   Section R703.7.3.2 (relating moist or marine climates).
       (G)   Section M1411.6.1 (relating to refrigerant line insulation protection).
   (8)  The ‘‘International Fire Code of 2018’’ to the extent it is referenced by other ICC codes adopted in this chapter.
   (9)  The ‘‘International Energy Conservation Code of 2018’’ except that:
     (i)   The following provisions are excluded:
       (A)   Section R102.1.1 (relating to above code programs)
       (B)   Section C105.2.6 (relating to final inspection).
       (C)   Section R403.3.5 (relating to building cavities (mandatory)).
       (D)   Section C402.2.1 (relating to roof assembly).
       (E)   Section R405.4.2 (relating to compliance report).
       (F)   Section R406.3 (relating to energy rating index).
       (G)   Section R406.6.1 (relating to compliance software tools).
       (H)   Section R406.6.4 (relating to specific approval).
       (I)   Section R406.6.5 (relating to input values).
       (J)   Section R502.1.1.2 (relating to heating and cooling systems).
       (K)   Section R503.1.2 (relating to heating and cooling systems).
     (ii)   The following provisions are modified:
       (A)   Chapter RE 2 is amended by adding the definition of ‘‘framing factor’’ as the fraction of the total building component area that is structural framing.
       (B)   Table R402.1.2 (relating to insulation and fenestration requirements by component) is amended by modifying the Fenestration U-Factor in Climate Zone 3 to 0.35.
       (C)   Section R405.2 (relating to mandatory requirements) is amended to require compliance with the mandatory provisions of section R402.4.1.2 (relating to testing).
       (D)   [Reserved].
       (E)   [Reserved].
     (iii)   The following provisions of the ‘‘International Energy Conservation Code of 2009’’ are adopted:
       (A)   Section 102.1.1 (relating to above code programs).
       (B)   Section 104.3 (relating to final inspection).
       (C)   Section 403.2.3 (relating to building cavities).
     (iv)   The following provisions of the ‘‘International Energy Conservation Code of 2015’’ are adopted:
       (A)   Section C402.2.2 (relating to roof assembly).
       (B)   Exception 1 of section C402.5.3 (relating to rooms containing fuel-burning appliances).
       (C)   Section R405.4.2 (relating to compliance report).
       (D)   Section R406.3 (relating to energy rating index).
       (E)   Section R406.3.1 (relating to ERI reference design).
       (F)   Section R406.6.1 (relating to compliance software tools).
       (G)   Section R406.7 (relating to calculation software tools).
       (H)   Section R406.7.1 (relating to minimum capabilities).
       (I)   Section R406.7.2 (relating to specific approval).
       (J)   Section R406.7.3 (relating to input values).
       (K)   Section R502.1.1.2 (relating to heating and cooling systems).
       (L)   Section R503.1.2 (relating to heating and cooling systems).
   (10)  The ‘‘International Existing Building Code of 2018’’ except:
     (i)   The accessibility provisions contained in the following sections of the ‘‘International Existing Building Code of 2021’’ are adopted:
       (A)   Section 301.5 (relating to compliance with accessibility).
       (B)   Section 305 (relating to accessibility for existing buildings).
       (C)   Section 1101.2 (relating to creation or extension of nonconformity).
       (D)   Appendix B (relating to supplementary accessibility requirements for existing buildings and facilities).
     (ii)   Section 1106 (relating to storm shelters) is excluded.
     (iii)   The second sentence in section 106.2.5 is modified to read as follows: ‘‘The manufacturer’s installation instructions shall be available to the code official during inspection as a deferred submittal.’’
   (11)  The ‘‘International Wildland-Urban Interface Code of 2018.’’
   (12)  Appendix E of the ‘‘International Building Code of 2021.’’
   (13)  Appendix H of the ‘‘International Building Code of 2009.’’
   (14)  The ‘‘International Swimming Pool and Spa Code of 2018.’’
(b)  The code adopted under subsection (a)(8) is part of the Uniform Construction Code to the extent that it is referenced in Chapter 35 of the ‘‘International Building Code of 2018’’ 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 of 2018’’ and the appendices found in subsection (a)(12) and (13).
(d)  A permit applicant may utilize one of the following prescriptive methods to demonstrate compliance with the energy conservation requirements of the Uniform Construction Code. The standards are those listed for the climatic zone of this Commonwealth where the building or structure is located:
   (1)  The prescriptive methods for detached residential buildings contained in the ‘‘International Energy Conservation Code of 2018’’ compliance guide containing State maps, prescriptive energy packages and related software published by the United States Department of Energy, Building Standards and Guidelines Program (REScheckTM) or ‘‘Pennsylvania’s Alternative Residential Energy Provisions.’’
   (2)  The prescriptive methods for all other buildings or structures contained in the ‘‘International Energy Conservation Code of 2018’’ compliance guide containing State maps, prescriptive packages and related software published by the United States Department of Energy, Building Standards and Guidelines Program (COMcheckTM).
(e)  Construction of individual sewage disposal systems is governed under 25 Pa. Code Chapter 73 (relating to standards for onlot sewage treatment facilities).
(f)  The repair, alteration, change of occupancy, addition and relocation of existing buildings must comply with Chapter 34 of the ‘‘International Building Code of 2018’’ or with the ‘‘International Existing Building Code of 2018.’’

Authority

   The provisions of this §  403.21 amended under sections 302 and 304(a)(1)—(3) of the Pennsylvania Construction Code Act (35 P.S. § §  7210.302 and 7210.304(a)(1)—(3)).

Source

   The provisions of this §  403.21 amended December 15, 2006, effective December 31, 2006, 36 Pa.B. 7548; amended December 24, 2009, effective December 31, 2009, 39 Pa.B. 7196; amended December 21, 2012, effective December 31, 2012, 42 Pa.B. 7646; amended November 25, 2015, effective December 31, 2015, 45 Pa.B. 6813; amended May 6, 2016, effective May 7, 2016, 46 Pa.B. 2315; amended September 29, 2018, effective October 1, 2018, 48 Pa.B. 6261; amended November 2, 2018, effective November 3, 2018, 48 Pa.B. 6987; amended June 14, 2019, effective June 15, 2019, 49 Pa.B. 3077; amended December 24, 2021, effective December 25, 2021, 51 Pa.B. 7981; amended February 11, 2022, effective February 14, 2022, 52 Pa.B. 971. Immediately preceding text appears at serial pages (407578) to (407584).

Notes of Decisions

   The Department of Labor and Industry had the authority to adopt model codes to serve as basis for the Uniform Construction Code; this authority included the implied authority to incorporate an appendix of the International Residential Code setting standards for manufactured homes which the Department deemed relevant. DRB v. Department of Labor, 853 A.2d 8, 18, 19 (Pa. Cmwlth. 2004) aff’d 887 A.2d 1216 (Pa. 2005).

Cross References

   This section cited in 34 Pa. Code §  403.2 (relating to other statutes or ordinances); 34 Pa. Code §  403.27 (relating to applicability and use of standards); 34 Pa. Code §  403.44 (relating to alternative construction materials and methods); and 34 Pa. Code §  403.102 (relating to municipalities electing to enforce the Uniform Construction Code).

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