2448 Training and certification requirements for code administrators; administration; elevators and other lifting devices
Title 34--LABOR AND INDUSTRY
DEPARTMENT OF
LABOR AND INDUSTRY[34 PA. CODE CHS. 401, 403 AND 405] Training and Certification Requirements for Code Administrators; Administration; Elevators and Other Lifting Devices [36 Pa.B. 7548]
[Saturday, December 16, 2006]The Secretary of Labor and Industry (Secretary), under the authority of section 301 of the Pennsylvania Construction Code Act (act) (35 P. S. § 7210.301), amends Chapters 401, 403 and 405 (relating to Uniform Construction Code training and certification of code administrators; administration; and elevators and other lifting devices) to read as set forth in Annex A.
The Department of Labor and Industry (Department), under section 204 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S.§ 1204), known as the Commonwealth Documents Law (CDL), and 1 Pa. Code § 7.4 (relating to omission of notice of proposed rulemaking), finds that notice of proposed rulemaking under the circumstance is unnecessary and impractical and therefore may be omitted.
The Department's justification for utilizing the final-omitted rulemaking process is that the only changes being made are those either mandated by the act or those that reflect the numerous statutory amendments to the act. Section 304 of the act (35 P. S. § 7210.304) requires the Department, by December 31 of the year of the issuance of a new triennial BOCA National Building Code, or its successor building code, to promulgate regulations adopting the new code as the Uniform Construction Code (UCC). The International Code Council and ANSI updated their National codes and issued 2006 editions early in 2006. The act was amended by the act of June 22, 2001 (P. L. 585, No. 43) (Act 43), the act of February 19, 2004 (P. L. 141, No. 13) (Act 13), the act of July 15, 2004 (P. L. 748, No. 92) (Act 92), the act of December 1, 2004 (P. L. 1773, No. 230) (Act 230), the act of December 22, 2005 (P. L. 478, No. 95) (Act 95) and the act of July 7, 2006 (P. L. 1052, No. 108) (Act 108). Acts 13, 43, 92, 95, 108 and 230 made numerous statutory changes which are reflected in this final-omitted rulemaking. This final-omitted rulemaking also reflects changes made to section 613-A of The Administrative Code of 1929 (71 P. S. § 240.13A) by the act of December 23, 2003 (P. L. 282, No. 47) (Act 47).
Purpose of the Final-Omitted Rulemaking
The purpose of this final-omitted rulemaking is to update §§ 403.21, 403.26 and 405.2 (relating to Uniform Construction Code; swimming pools; and standards), as required by section 304 of the act, to the new successor building codes issued by the International Code Council and ANSI, and to incorporate the 2001--2005 statutory amendments to the act in §§ 401.1, 401.2, 401.5, 403.1, 403.25, 403.45, 403.46, 403.62, 403.62a, 403.65, 403.102, 405.7 and 405.11.
Explanation of Regulatory Requirements
§ 401.1. Definitions.
The following definitions are added: ''addition,'' ''alteration,'' ''recreational cabin,'' ''residential building'' and ''uncertified building.'' Acts 92 and Act 95 added these definitions to the act. The Department is adding these definitions to further explain this final-omitted rulemaking and for the convenience of the regulation users.
Act 92 also made changes to the definitions of ''agricultural building'' and ''utility and miscellaneous use structures.'' Act 92 changed the definition of ''agricultural building'' to include milk houses and carriage houses owned and used by members of a recognized religious sect for the purposes of housing horses and storing buggies. Act 92 changed the definition of ''utility and miscellaneous use structures'' to include buildings having an area of less than 1,000 square feet. The Department had not included the previous definition of ''utility and miscellaneous use structures'' in the UCC regulations. However, the amendments to section 503 of the act (35 P. S. § 7210.503) changed the size of structures when a municipality may pass an ordinance stricter than the UCC. The Department determined that inclusion of this definition would help clarify the ordinance change requirements. This amendment reflects the statutory changes to the mentioned definitions.
The following definitions are amended to reflect the most current editions required by section 304 of the act: ''ICC Electrical Code,'' ''International Building Code,'' ''International Energy Conservation Code,'' ''International Existing Building Code,'' ''International Fire Code,'' ''International Fuel Gas,'' ''International Mechanical Code,'' ''International Performance Code,'' ''International Plumbing Code,'' ''International Residential Code,'' ''International Wildland-Urban Interface Code,'' ''Pennsylvania's alternative residential energy provisions'' and ''Uniform Construction Code.'' The publication year in each definition is being changed from 2003 to 2006.
''International Urban-Wildland Interface Code'' has been changed to the ''International Wildland-Urban Interface Code'' to reflect the International Code Council's change to its publication.
The definition of ''NSPI'' is deleted and replaced with the definition of ''APSP'' to reflect the name change of the National organization publishing the pool and spa standards. The name of the organization changed from the National Spa & Pool Institute to the Association of Pool and Spa Professionals.
§ 401.2. Department fees.
The fees for elevators and lifting devices are amended in accordance with the fee changes made by Act 47.
§ 401.5. Waivers.
Section 401.5(c) is amended to reflect the change in Acts 92 and 108 that added and then amended section 701(b)(2) of the act (35 P. S. § 7201.701(b)(2)) that allows a code administrator to act in place of a lumber grading or inspection agency to satisfy the requirements in section 2303.1.1 of the ''International Building Code'' and sections R404.2.1, R502.1, R602.1, R802.1 of the ''International Residential Code.''
§ 403.1. Scope.
Section 403.1 (a)(2) is added to continue the intent of section 104(b)(2) of the act (35 P. S. § 7210.104(b)(2)) and to clarify what UCC requirements apply to buildings already under a design or construction contract. Buildings under a contract for design or construction at the time these UCC amendments take effect need only comply with the UCC requirements in effect when the design contract was executed. The purpose is to save building owners time and expense and not to require redesign or resubmission of plans for buildings in the construction process as was provided for during the initial code adoption process.
Section 403.1(b) is amended to include exemptions added to the UCC by Acts 13, 43, 92, 95 and 230. Section 403.1(b)(3) is amended to reflect changes to the definition of ''utility and miscellaneous use structures'' in section 103 of the act (35 P. S. § 7210.103) by Act 92. The area of a utility and miscellaneous use structure has been changed from 500 to 1,000 square feet. A municipality may now adopt a more stringent ordinance for these structures under 1,000 square feet. See section 503(c) of the act.
Section 403.1(b)(8) and (9) is amended to reflect the UCC exclusion in Act 92 for alterations and repairs to residential buildings which do not make structural changes or changes to means of egress. See section 104(b)(5) of the act.
Under Act 108, § 403.1(b)(10) is added to exempt the installation of aluminum siding or siding onto an existing residential or an existing commercial building, except as might be required by ordinances in effect before July 1, 1999, or change ordinances promulgated under section 503 of the act which meet or exceed the UCC. See section 303(b)(1) of the act (35 P. S. § 7210.303(b)(1)) and section 503 of the act.
Section 403.1(b)(11) and (c) is amended to reflect the recreational cabin exclusion from the UCC made by Act 92. Recreational cabins are excluded from UCC requirements if the cabins meet the criteria in sections 103 and 104(b)(7) of the act. The continuity of the UCC exclusion continues upon the sale of a recreational cabin if the criteria in section 104(b)(7)(b.1) of the act are met.
Section 403.1(f) is added to reflect the exclusion of one-room school houses utilized by members of recognized religious sects whose religious beliefs conflict with the electrical provisions and the lumber and wood provisions of the UCC. This exclusion requires that the one-room school house be used only by members of the religious sect. This reflects the amendments to section 901(b) of the act (35 P. S. § 7210.901(b)) made by Acts 92 and 108.
Subsection (g) is added to § 403.1 to reflect that coal-fired boilers installed in residential buildings are not required to meet the stamping requirements of M2001.1.1 of the ''International Residential Code,'' which requires an ASME stamp on boilers. These boilers are still required to be designed, constructed and tested in accordance with Chapter 20, section M2001.1.1. This reflects the amendment to section 901(b) of the act by Act 108.
§ 403.21. Uniform Construction Code.
Section 403.21(a)(5)(i) and (ii) is added as an exception to the adoption of the ''International Plumbing Code.'' Section 501(a.1) of the act (35 P. S. § 7210.501(a.1)), added by Act 92, exempts municipalities in counties of the second class from the plumbing code provisions of the UCC if the county has adopted a plumbing code and accompanying rules and regulations under the Local Health Administration Law (16 P. S. §§ 12001--12028). Under Act 92, the county retains the authority to promulgate and enforce the existing plumbing code and to make any changes it deems necessary if the changes meet the minimum requirements of the UCC.
Section 403.21(a)(6)(i) and (ii) is added as an exception to the adoption of the ''International Residential Code.'' Section 301(a)(8) of the act, as amended by Act 92, requires the Department to exclude section R313.1.1 of the ''International Residential Code for One- and Two-Family Dwellings'' requiring interconnected smoke alarms from applying to existing one-family and two-family dwellings undergoing alterations, repairs or additions. The Department, as part of the UCC regulations, must instead require noninterconnected battery-operated smoke alarms to be installed.
Act 13 requires the Department to include in the UCC regulations an exception to the stairway tread and riser provisions of the ''International Residential Code.'' This exception makes permanent the original exception in section 301(a)(6) of the act which was to continue only until December 31, 2003. The exception requires stairway treads and risers to meet section 1014.6, regarding stairway treads and risers, of the 1993 BOCA National Building Code, Twelfth Edition, and section R-213.1, regarding stairways, of the CABO One and Two Family Dwelling Code, 1992 Edition. These stairway provisions are fully set out in § 403.21(a)(6)(ii). Section 403.21(d), which originally addressed the requirement that expired on December 31, 2002, is deleted.
Section 403.21(a)(9), which adopted sections AE501-AE503 and AE601-AE605 of Appendix E of the ''International Residential Code,'' is deleted. Section 6 of the Manufactured Housing Improvement Act (35 P. S. § 1658.6) requires that a manufactured home be installed in accordance with the manufacturer's approved instructions or under the UCC if there are no approved instructions covering an installation activity.
§ 403.25. Manufactured and industrialized housing.
Subsection (a)(1) and (2) is amended to reflect the changes to the UCC made by section 6 of the Manufactured Housing Improvement Act. The installation of new manufactured housing must be installed according to the manufacturer's approved design and instructions. Construction activities or processes including utility connections and grading not addressed by the manufacturer's approved design must comply with the UCC.
§ 403.26. Swimming pools.
Section 403.26 is amended to reflect the change in the name of the National association publishing pool guidelines from the National Spa & Pool Institute to the Association of Pool and Spa Professionals. It also updates the version of the ANSI/NSPI-1 standard for public pools from the 1991 version to the 2003 version.
§ 403.28. Uncertified buildings.
Section 403.28 is added under Act 95, which specifically established requirements for uncertified buildings. Buildings within the Department's jurisdiction are covered by subsections (a) and (b). Section 403.28(a) provides that buildings constructed before April 27, 1927, are deemed to be legally occupied until the owner proposes to renovate, add an addition, alter or change the occupancy of the building. Any renovation, addition, alteration and change in occupancy in pre-1927 buildings must comply with the UCC. See section 902(b) of the act (35 P. S. § 7210.902(b)).
Section 403.28(b) provides that other uncertified buildings within the Department's jurisdiction must meet certain minimum building code requirements regarding maximum story height, minimum allowable construction type based on floor area, vertical opening and shaft protection, means of egress and maximum travel distance requirements. The building must also meet the fire safety requirements in the ''International Building Code'' for fire alarms, extinguishers, heat and smoke detectors, sprinkler systems and use separations.
If construction began on a building before May 19, 1984, automatic sprinkler systems are not required. If construction began on a building after May 19, 1984, automatic sprinkler systems are only required if the building is classified in use groups E (educational), H (high-hazard), I (institutional), R-1 or R-2 (residential) or if the building has occupied floors more than 75 feet above the lowest level of fire department access. For buildings in use groups R-1 and R-2 which do not have occupied floors more than 75 feet above lowest level of fire department access, hard-wired interconnected heat and smoke detectors may be installed instead of automatic sprinkler systems. If construction began after May 18, 1984, automatic sprinkler installation is required and the system must be installed by December 22, 2010.
Section 403.28(b) also provides accessibility requirements for uncertified buildings within the Department's jurisdiction. There are no accessibility requirements if construction began before September 1, 1965. If construction began after August 31, 1965, and before February 18, 1989, and if the building is a State-owned, a restaurant or a retail commercial establishment, the building must have at least one accessible main entrance and an accessible route from the accessible entrance to any public spaces on the same level as the accessible entrance. 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.'' If construction began after February 17, 1989, all accessibility requirements of the ''International Building Code'' apply.
Under § 403.28(b), structural requirements will not be imposed unless the Department determines that the building or a portion of the building has defects that would be defined as dangerous in the ''International Existing Building Code.'' If the building is determined to be dangerous, the Department may impose only those requirements minimally necessary to remove danger to the building's occupants.
Section 403.28(c) covers uncertified buildings which are under the jurisdiction of local government. Under this section, a construction code official must issue a certificate of occupancy to an uncertified building if it meets the requirements of the latest version of the ''International Existing Building Code'' or Chapter 34 of the ''International Building Code.'' A construction code official may deny the issuance of a certificate of occupancy only if the official deems that a building is unsafe because of inadequate means of egress, inadequate lighting and ventilation, fire hazards or other dangers to human life or to public welfare.
§ 403.45. Inspections.
The Department corrected the citation to the fire protection certification in § 403.45(e) from ''§ 401.7(13)'' to ''§ 401.7(6).'' Subsection (f) was added to reflect the Act 92 amendment to section 701(b)(2) of the act that allows a code administrator to act in place of a lumber grading or inspection agency to satisfy the requirements in section 2303.1.1 of the ''International Building Code.''
§ 403.62. Permit requirements and exemptions.
Section 403.62(c) is amended to reflect Act 92's amendment to section 104(b) of the act which excludes from the UCC repairs and alterations to residential buildings which do not make structural changes or changes to means of egress and repairs. Act 92 specifically states that a structural change does not include a minor framing change needed to replace existing windows or doors.
Section 403.62(c) originally enumerated the exemptions from Chapter 1 of the ''International Residential Code.'' Since the act now exempts residential repairs and alterations that do not make structural changes, the Department simplified this section by deleting references to window and door, and glass replacements in the same opening. The Department also deleted the list of minor electrical work, appliance replacement, gas work, mechanical work, plumbing work and heating, ventilation and air conditioning work that are exempt from the UCC and permitting requirements.
Section 403.62(d) is amended to clarify work that does not constitute ordinary repairs under Act 92. The cutting away of a wall was changed to reference a load-bearing wall, partition or portion of a wall only. Work to a standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical was amended to include only the addition or relocation.
§ 403.62a. Permit application.
A grammatical correction was made to subsection (e). The word ''structure's'' was changed to ''structures'.''
§ 403.65. Certificate of occupancy.
Section 301(a)(9) of the act, as amended by Act 95, requires the Department to adopt section 110.3, regarding temporary occupancy, of the ''International Building Code'' as part of this final-omitted rulemaking. Section 403.65(f) is added to allow a building code official to issue a temporary certificate of occupancy for a portion or portions of the building or structure before the completion of the entire work covered by the permit if the portion or portions may be occupied safely. The building code official must set a time period for which the temporary permit will be valid.
§ 403.102. Municipalities electing to enforce the Uniform Construction Code.
In addition to changing the definition of ''utility and miscellaneous use structure'' by increasing the floor space from 500 to 1,000 square feet, Act 92 amended section 503(c) of the act to allow municipalities to enact ordinances which adopt stricter code requirements than required by the UCC for the regulation of these structures. Before Act 92, municipalities could not regulate utility and miscellaneous use structures by ordinance. Section 403.102(i) is amended to reflect that municipalities can now adopt more stringent requirements than the UCC for these structures when the structures are less than 1,000 square feet.
§ 405.2. Standards.
Section 405.2(a)(4) is amended to reference the 2006 edition of ANSI B77.1. This change reflects the Act 230 amendment to section 302 of the act (35 P. S. § 7210.302(a)(2)) to reference the latest ANSI standards applicable to the operation of ski lifts.
§ 405.11. Accident report.
Section 405.11 is amended to exclude the equipment shut-down requirements due to nonfatal accidents from ski lifts. This section reflects section 3 of Act 230, specifically excluding ski lifts from § 405.11(e).
Fiscal Impact
The Department has determined that the final-omitted rulemaking will have no adverse fiscal impact on the Commonwealth.
Paperwork
The final-omitted rulemaking will not generate substantial paperwork for the public or the Commonwealth.
Sunset Date
The final-omitted rulemaking becomes effective on December 31, 2006. The final-omitted rulemaking is scheduled for review within 3 years of publication. No sunset date has been assigned.
Contact Person
The contact person is Edward Leister, Assistant Director, Bureau of Occupational and Industrial Safety, Labor and Industry Building, 16th Floor, Harrisburg, PA 17120, eleister@state.pa.us.
Regulatory Review
Under section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)), on October 20, 2006, the Department submitted a copy of the final-omitted rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Committee on Labor and Industry and the House Committee on Labor Relations. 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 November 29, 2006, 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 November 30, 2006, and approved the final-omitted rulemaking.
Findings
The Department finds that the final-omitted rulemaking is necessary and appropriate for the administration and enforcement of the authorizing statute. Under section 204 of the CDL, the Department also finds that the proposed rulemaking procedures in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) are unnecessary because it is in the public interest to expedite this final-omitted rulemaking.
Order
The Department, acting under the authorizing statute, orders that:
(a) The regulations of the Department, 34 Pa. Code Chapters 401, 403 and 405, are amended by amending §§ 401.1, 401.2, 401.5, 403.1, 403.21, 403.25, 403.26, 403.45, 403.46, 403.62, 403.62a, 403.65, 403.102, 405.2 and 405.11 and adding § 403.28 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Secretary shall submit this order and Annex A to the Office of General Counsel and Office of Attorney General for approval as to form and legality as required by law.
(c) The Secretary 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 on December 31, 2006.
STEPHEN M. SCHMERIN,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 36 Pa.B. 7777 (December 16, 2006).)
Fiscal Note: 12-75. 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:
* * * * * APSP--The Association of Pool and Spa Professionals, 2111 Eisenhower Avenue, Alexandria, Virginia 22314-4695.
* * * * * Addition--An extension or increase in floor area or height of a building or structure.
Agricultural building--
(i) A structure utilized to store farm implements, hay, feed, grain or other agricultural or horticultural products or to house poultry, livestock or other farm animals and a milk house.
(ii) The term includes a carriage house owned and used by members of a recognized religious sect for the purposes of housing horses and storing buggies.
(iii) The term does not include habitable space or spaces in which agricultural products are processed, treated or packaged and may not be construed to mean a place of occupancy by the general public.
Alteration--Any construction or renovation to an existing structure other than repair or addition.
* * * * * ICC Electrical Code--The ''ICC Electrical Code-Administrative Provisions 2006'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
* * * * * International Building Code--Chapters 2--29 and 31--35 of the ''International Building Code 2006'' (first printing), issued by the ICC. The term includes all errata issued by the ICC.
International Energy Conservation Code--The ''International Energy Conservation Code 2006'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
* * * * * International Existing Building Code--The ''International Existing Building Code for Buildings and Facilities 2006'' (first printing) issued by the International Code Council. The term includes all errata issued by the ICC.
International Fire Code--The ''International Fire Code 2006'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
International Fuel Gas Code--The ''International Fuel Gas Code 2006'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
International Mechanical Code--The ''International Mechanical Code 2006'' (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 2006'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
International Plumbing Code--The ''International Plumbing Code 2006'' (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 2006'' (first printing) issued by the ICC. The term includes all errata issued by the ICC.
International Wildland-Urban Interface Code--The ''International Wildland-Urban Interface Code 2006'' issued by the ICC. The term includes all errata issued by the ICC.
* * * * * 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).
Occupancy--Approved use of a building or a structure under the Uniform Construction Code.
* * * * * Pennsylvania's Alternative Residential Energy Provisions--The ''Pennsylvania Alternative Residential Energy Provisions'' issued in 2006 by the PHRC.
* * * * * Recreational cabin-A structure where all of the following apply:
(i) The cabin is utilized principally for recreational activity.
(ii) The cabin is not utilized as a domicile or residence for any individual for any time period.
(iii) The cabin is not utilized for commercial purposes.
(iv) The cabin is not greater than two stories in height, excluding basement.
(v) The cabin is not utilized by the owner or any other person as a place of employment.
(vi) The cabin is not a mailing address for bills and correspondence.
(vii) The cabin is not listed as an individual's place of residence on a tax return, driver's license, car registration or voter registration.
* * * * * Residential building--Detached one-family and two-family dwellings and multiple single-family dwellings which are not more than three stories in height with a separate means of egress which includes accessory structures.
* * * * * Uniform Construction Code--This chapter; ''The International Building Code First Edition 2006'' and the ''International Residential Code for One- and Two-Family Dwellings 2006,'' 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).
* * * * * Uncertified building--
(i) An existing building which was not approved for use and occupancy by the Department or a municipality which was enforcing a building code before April 9, 2004.
(ii) The term does not include a residential building.
* * * * * Utility and miscellaneous use structures--
(i) Buildings or structures of an accessory character and miscellaneous structures not classified by the ICC in any specific use group.
(ii) The term includes carports, detached private garages, greenhouses and sheds having a building area less than 1,000 square feet.
(iii) The term does not include swimming pools or spas.
* * * * * § 401.2. Department fees.
* * * * * (c) The following fees apply to plan review and application for a permit for installation:
(1) Passenger, freight and combination passenger/freight elevators (not hydraulic elevators): (i) 1--7 floors $363 (ii) 8--20 floors $436 (iii) More than 20 floors $508 (2) Hydraulic passenger, freight, combination passenger/freight elevators and other lifting devices $290 (3) Ski lifts $508 (4) Escalator and moving walks $290 (5) Wheelchair lift and inclined stairway chairlift $150 (6) Orchestra lift, belt manlift, stage lift, organ lift and other lifting devices $300 (7) Permit for alterations and major repairs $145 (8) Reinspection following failed major repair inspection (per inspection) $100 paid before reinspection (9) Reinspection following failed acceptance inspection (to a maximum of $300 per inspection) 50% of initial permit fee paid before reinspection (10) Revision of plans 50% of initial permit fee (d) The following fees apply to periodic elevator and other lifting device inspections under § 405.7 (relating to periodic inspections):
(1) Passenger, freight and combination passenger/freight elevators (not hydraulic): (i) 1--7 floors $94 (ii) 8--20 floors $116 (iii) More than 20 floors $145 (2) Hydraulic passenger, freight, combination passenger/freight elevators and other lifting devices $73 (3) Ski lifts $145 (4) Wheelchair lift and inclined stairway chairlift $75 (5) Escalator and moving walk $94 (6) Orchestra lift, belt manlift, stage lift, organ lift and other lifting devices $75 (e) The following fees 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 walks $85 (7) Wheelchair lift and inclined stairway chairlift $75 (8) Orchestra lift, stage lift and organ lift $125 (9) Other equipment $ 85 (f) The following fees 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 apply to a certificate of operation:
(1) Annual renewal $36 (2) Duplicate $25 * * * * * § 401.5. Waivers.
(a) The Department may grant a request for waiver of the testing requirements of § 401.6 (relating to certification categories and testing) if the applicant meets any of the following criteria:
(1) Passed a test substantially similar to the testing categories in § 401.6 within the 6 years prior to July 12, 2002.
(2) Passed a test substantially similar to the testing categories in § 401.6 before July 12, 1996, so long as the applicant submits any of the following to the Department:
(i) Evidence of continued employment as a code administrator in the related field.
(ii) Current certification issued by a model code organization.
(iii) Evidence of completion of 30 hours of continuing education or a college degree program in associated fields.
(3) Passed a certified building official examination. An applicant who passed the examination may be eligible to receive certification in the following categories:
(i) Residential building inspector.
(ii) Building inspector.
(iii) Building plans examiner.
(b) An applicant for waiver shall complete a Department-provided application form and pay the required initial certification fee under § 401.2 (relating to Department fees). If the Department approves the waiver, the applicant shall comply with § 401.4 (relating to application and identification).
(c) A code administrator may act in place of a lumber grading or inspection agency to satisfy the requirement under section 2303.1.1 of the International Building Code or its successor code or sections R404.2.1, R502.1, R602.1, R802.1 of the ''International Residential Code'' or its successor code under section 701(b)(2) of the act (35 P. S. § 7210.701(b)(2)).
CHAPTER 403. ADMINISTRATION GENERALLY § 403.1. Scope.
(a) Application.
(1) The Uniform Construction Code applies to the construction, alteration, repair, movement, equipment, removal, demolition, location, maintenance, occupancy or change of occupancy of every building or structure which occurs on or after April 9, 2004, and all existing structures that are not legally occupied.
(2) The Department will promulgate regulations adopting the new triennial BOCA National Building Code, or its successor building code as the Uniform Construction Code by December 31 of the year of the issuance under section 304(a)(1) of the act (35 P. S. § 7210.304(a)(1)). New buildings or renovations to existing buildings for which a design or construction contract was executed before the effective date of the regulatory amendment adopting the latest triennial versions of the construction codes and standards shall comply with the codes and standards in effect at the time that the design or construction contract was executed.
(b) Exclusions and exemptions. The Uniform Construction Code does not apply to:
(1) New buildings or renovations to existing buildings for which an application for a permit was made to the Department or a municipality before April 9, 2004.
(2) New buildings or renovations to existing buildings on which a contract for design or construction was signed before April 9, 2004.
(3) The following structures if the structure has a building area less than 1,000 square feet and is accessory to a detached one-family dwelling except as might be required by an ordinance adopted under section 503 of the act (35 P. S. § 7210.503):
(i) Carports.
(ii) Detached private garages.
(iii) Greenhouses.
(iv) Sheds.
(4) An agricultural building.
(5) Manufactured or industrialized housing shipped from the factory under section 901(a) of the act (35 P. S. § 7210.901(a)) as provided in § 403.25 (relating to manufactured and industrialized housing).
(6) Installation of tubing, piping, propane gas burning appliances, equipment or fixtures related to liquefied petroleum gas under the Propane and Liquefied Petroleum Gas Act (35 P. S. §§ 1329.1--1329.19).
(7) Construction of individual sewage disposal systems under 25 Pa. Code Chapter 73 (relating to onlot sewage treatment facilities).
(8) Alterations to residential buildings which do not make structural changes or changes to means of egress, except as required by ordinances in effect under sections 303(b)(1) or 503 of the act (35 P. S. §§ 7210.303(b)(1) and 7210.503). Under this subsection, a structural change does not include a minor framing change needed to replace existing windows or doors.
(9) Repairs to residential buildings, except as required by ordinances in effect under sections 303(b)(1) and 503 of the act.
(10) Installation of aluminum or vinyl siding onto an existing residential or an existing commercial building, except as might be required by ordinances in effect under section 301(b)(1) (35 P. S. §§ 7210.303(b)(1)) or section 503 of the act.
(11) A recreational cabin if all of the following conditions are met:
(i) The cabin is equipped with at least one smoke detector, one fire extinguisher and one carbon monoxide detector in both the kitchen and sleeping quarters.
(ii) The owner of the cabin files one of the following with the municipality:
(A) A Department form UCC-13 attesting to the fact that the cabin meets the definition of a ''recreational cabin'' in § 401.1 (relating to definitions).
(B) A valid proof of insurance for the recreational cabin, written and issued by an insurer authorized to do business in this Commonwealth, stating that the structure meets the definition of a ''recreational cabin.''
(c) Continuity of recreational cabin exclusion.
(1) Upon the transfer of ownership of a recreational cabin subject to the recreational cabin exclusion, written notice of the following shall be provided in the sales agreement and the deed:
(i) The recreational cabin is exempt from the act.
(ii) The recreational cabin may not be in conformance with the Uniform Construction Code.
(iii) The recreational cabin is not subject to municipal regulation.
(2) Failure to comply with the notice requirement under paragraph (1) renders the sale void at the purchaser's option.
(d) Prior permits and construction.
(1) A permit issued under construction regulations before April 9, 2004, remains valid and the construction of the building or structure may be completed in accordance with the approved permit. The permit is invalid unless the construction commenced within 2 years of permit issuance or a time period specified by municipal ordinance, whichever is less. The permit holder shall acquire a new permit under section 104(c) of the act (35 P. S. § 7210.104(c)) if the permit was not actively prosecuted during this time period.
(2) Construction may be completed without a permit under section 104(c)(2) of the act when construction of a building or structure commenced before April 9, 2004, and a permit was not required at that time.
(3) The legal occupancy of a structure existing on April 9, 2004, may continue without change except where the Uniform Construction Code provides otherwise.
(e) The Uniform Construction Code applies to the construction of a residential building or structure governed by a homeowner's or community association under section 104(d)(2)(ii) of the act.
(f) The electrical provision, and lumber and wood provisions, not relating to pressure treatment, of the Uniform Construction Code do not apply to a dwelling unit or one-room school house utilized by a member or members of a recognized religious sect if a code administrator grants an exemption under section 901(b) of the act (35 P. S. § 7210.901(b)) as follows:
(1) The permit applicant shall file an application with the code administrator stating the manner in which an electrical provision, and the lumber and wood provision unrelated to pressure treatment of the Uniform Construction Code conflicts with the applicant's religious beliefs. The application must also contain an affidavit by the applicant stating:
(i) The permit applicant is a member of a religious sect.
(ii) The religious sect has established tenets or teachings which conflict with an electrical provision and lumber and wood provisions unrelated to pressure treatment of the Uniform Construction Code.
(iii) The permit applicant adheres to the established tenets or teachings of the sect.
(A) For a dwelling unit, the dwelling will be used solely as a residence for the permit applicant and the applicant's household.
(B) For a one-room school house, the school house will be used solely by members of the religious sect.
(2) The code administrator shall grant the application for the exemption if made in accordance with paragraph (1).
(3) If the permit applicant receives an exemption for a building under section 901(b) of the act and the applicant subsequently sells or leases the building, the applicant shall bring the building into compliance with the provision of the Uniform Construction Code from which it was exempted prior to the sale or lease of the building unless the prospective subsequent owner or lessee files an affidavit in compliance with paragraph (1).
(g) Coal-fired boilers installed in residential buildings must be designed, constructed and tested in accordance with the requirements of Chapter 20, section M2001.1.1 of the ''International Residential Code,'' except for the ASME stamping requirement.
STANDARDS § 403.21. Uniform Construction Code.
(a) The Department adopts and incorporates by reference the following codes as the Uniform Construction Code:
(1) The provisions of Chapters 2--29 and 31--35 of the ''International Building Code.''
(2) The ''ICC Electrical Code.''
(3) The ''International Mechanical Code.''
(4) The ''International Fuel Gas Code.''
(5) The ''International Plumbing Code.''
(i) Except that 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.
(6) The ''International Residential Code,'' except that:
(i) The provisions of R313.1.1 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.
(7) The ''International Fire Code.'' Section 804.1.1 of the International Fire Code (relating to natural cut trees) is not adopted under this chapter. A municipality that elects to adopt an ordinance for the administration and enforcement of the Uniform Construction Code may, by ordinance, restrict the placement of natural cut trees in an occupancy group. The ordinance restricting the placement of natural cut trees is not subject to section 503(b)--(k) of the act (35 P. S.§ 7210.503(b)--(k)) and § 403.102(i)--(k) (relating to municipalities electing to enforce the Uniform Construction Code).
(8) The ''International Energy Conservation Code.''
(9) The ''International Existing Building Code.''
(10) The ''International Wildland-Urban Interface Code.''
(11) Appendix E of the ''International Building Code.''
(12) Appendix H of the ''International Building Code.''
(13) Appendix G of the ''International Residential Code.''
* * * * * (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 current version of the ''International Energy Conservation Code'' 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 current version of the ''International Energy Conservation Code'' 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 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'' or with the ''International Existing Building Code.''
§ 403.25. Manufactured and industrialized housing.
(a) Manufactured housing is governed by the following under section 901(a) of the act (35 P. S. § 7210.901(a)):
(1) Except as provided in paragraph (2), the Uniform Construction Code does not apply to new manufactured housing assembled by and shipped from the manufacturer and which bears a label which certifies that it conforms to Federal construction and safety standards adopted under the Housing and Community Development Act of 1974 (42 U.S.C.A. §§ 5401--5426) and installation of new manufactured housing in conformity with the manufacturer's approved design applicable to the particular home.
(2) Construction activities or processes including utility connections and grading not addressed by the manufacturer's approved design must comply with the Uniform Construction Code.
(3) The Uniform Construction Code applies to the following:
(i) Alteration or repair to the unit that does not fall within 24 CFR 3280.1--3280.904 (relating to manufactured home construction and safety standards) and the manufacturer's installation instructions after assembly and shipment by the manufacturer.
(ii) Additions to the unit after delivery to the site.
(iii) Construction, alteration, repair or change of occupancy if the manufactured housing is resold to a subsequent purchaser.
(iv) Construction, alteration, repair or change of occupancy if the original purchaser relocates the manufactured housing.
* * * * * § 403.26. Swimming pools.
(a) A swimming pool, hot tub and spa which is accessory to a one- or two-family dwelling shall comply with all of the following:
(1) Chapter 41 of the ''International Residential Code.''
(2) Appendix G of the ''International Residential Code.''
(3) Section 2406.2, paragraph 9 of the International Building Code (glazing in walls and fences enclosing indoor and outdoor swimming pools, hot tubs and spas).
(4) Section 3109.4 of the ''International Building Code'' (residential swimming pool enclosures).
(b) A swimming pool that is not accessory to a one- or two-family dwelling must comply with this chapter, the ''American National Standards for Public Pools'' issued by ANSI and APSP (ANSI/NSPI-1 2003) and the Public Bathing Law (35 P. S. §§ 672--680d).
(c) A hot tub or spa that is not accessory to a one- or two-family dwelling must comply with this chapter and the ''American National Standard for Public Spas'' issued by ANSI and APSP (ANSI/NSPI-2 1999).
§ 403.28. 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.''
(2) Fire safety requirements in the ''International Building Code'' for fire alarms, fire extinguishers, heat and smoke detectors, automatic sprinkler systems and occupancy and incidental use separations. The following also apply:
(i) If construction began on a building before May 19, 1984, the installation of automatic sprinkler systems is not required.
(ii) If construction began on a building after May 19, 1984, automatic sprinklers are only required if the building is classified in use groups E (educational), H (high-hazard), I (institutional), or R-1 or R-2 (residential) or if the building has occupied floors more than 75 feet above lowest level of fire department access. Buildings in use groups R-1 and R-2 which do not have occupied floors more than 75 feet above lowest level of fire department access may, instead of installing automatic sprinkler systems, install hard-wired interconnected heat and smoke detectors in all rooms or spaces, whether they are occupied or unoccupied.
(iii) If construction of a building began after May 18, 1984, automatic sprinkler installation shall be completed by December 22, 2010, or any certificate of occupancy issued shall be invalid.
(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.''
(iii) If construction of the building began after February 17, 1989, the accessibility requirements of the ''International Building Code'' 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.'' If the building is dangerous, the Department may impose only those requirements minimally necessary to remove danger to the building's occupants.
(c) The following apply to uncertified buildings where the Department does not have jurisdiction and which are not governed under subsection (a):
(1) A construction code official shall issue a certificate of occupancy to an uncertified building if it meets the requirements of the latest version of the ''International Existing Building Code'' or Chapter 34 of the ''International Building Code.'' The construction code official shall utilize the code for the municipality which best applies, in the official's professional judgment.
(2) A construction code official may deny the issuance of a certificate of occupancy if the official deems that a building is unsafe because of inadequate means of egress, inadequate lighting and ventilation, fire hazards or other dangers to human life or to public welfare.
(3) A municipality governed under this subsection may utilize the standards of subsection (b) for the issuance of certificates of occupancy to uncertified buildings if the municipality adopts an ordinance.
PERMIT AND INSPECTION PROCESS FOR COMMERCIAL CONSTRUCTION § 403.45. Inspections.
* * * * * (e) A construction code official shall conduct a final inspection of the completed construction work and file a final inspection report, which indicates that all of the following areas met Uniform Construction Code requirements after a final inspection of the completed construction work:
(1) General building under § 401.7(6) (relating to certification category specification for building inspector).
(2) Electrical under § 401.7(7).
(3) Plumbing under § 401.7(9).
(4) Accessibility under § 401.7(11).
(5) Fire protection under § 401.7(6).
(6) Mechanical under § 401.7(8).
(7) Energy conservation under § 401.7(10)
(f) A code administrator may act in place of a lumber grading or inspection agency to satisfy the requirements under section 2303.1.1 of the ''International Building Code'' or its successor code.
§ 403.46. Certificate of occupancy.
* * * * * (e) A building code official may issue a temporary certificate of occupancy for a portion or portions of the building or structure before the completion of the entire work covered by the permit if the portion or portions may be occupied safely. The building code official shall set a time period during which the temporary certificate of occupancy is valid.
PERMIT AND INSPECTION PROCESS FOR RESIDENTIAL BUILDINGS § 403.62. Permit requirements and exemptions.
* * * * * (c) A permit is not required for the exceptions listed in § 403.1(b) (relating to scope) and the following, if the work does not violate a law or ordinance:
(1) Fences that are no more than 6 feet high.
(2) Retaining walls that are not over 4 feet in height measured from the lowest level of grade to the top of the wall unless the wall supports a surcharge.
(3) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to 1.
(4) Sidewalks and driveways that are 30 inches or less above adjacent grade and not placed over a basement or story below it.
(5) Prefabricated swimming pools that are less than 24 inches deep.
(6) Swings and other playground equipment accessory to a one- or two-family dwelling.
(7) Window awnings supported by an exterior wall which do not `project more than 54 inches from the exterior wall and do not require additional support.
(8) Installation of an uncovered deck where the floor of the deck is no more than 30 inches above grade.
(9) Installation or rearrangement of communications wiring.
(d) An ordinary repair does not require a permit. The following are not ordinary repairs:
(1) Cutting away a load-bearing wall, partition or portion of a wall.
(2) The removal or cutting of any structural beam or load-bearing support.
(3) The removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements.
(4) The addition to, or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical.
(e) A permit is not required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment that is, by established right, under the ownership and control of a public utility as the term ''public utility'' is defined in 66 Pa.C.S. § 102 (relating to the definitions).
§ 403.62a. Permit application.
* * * * * (e) The application must contain a site plan showing the size and location of the new construction and existing structures on the site and the structures' distance from lot lines. If the construction involves demolition, the site plan must indicate construction that is to be demolished and the size and location of existing structures and construction that will remain on the site or plot. A building code official may waive or modify the site plan requirement when the permit application is for an alteration or a repair or if the waiver is warranted for other reasons.
§ 403.65. Certificate of occupancy.
* * * * * (f) A building code official may issue a temporary certificate of occupancy for a portion or portions of the building or structure before the completion of the entire work covered by the permit if the portion or portions may be occupied safely. The building code official shall set a time period during which the temporary certificate of occupancy is valid.
MUNICIPAL ELECTION § 403.102. Municipalities electing to enforce the Uniform Construction Code.
* * * * * (i) A municipality may enact an ordinance containing standards that equal or exceed the Uniform Construction Code as adopted by § 403.21 (relating to the Uniform Construction Code) under section 503 of the act (35 P. S. § 7210.503) after Department review and approval. A municipality may enact ordinances under this section which adopt additional code requirements for alterations or repairs to residential buildings. A municipality may enact ordinances under this section which adopt stricter code requirements than required by the act for the regulation of utility and miscellaneous use structures. The municipality shall notify the Department of the proposed ordinance and submit the following to the Department for its review:
(1) The complete ordinance.
(2) The information required in subsection (c).
(3) A detailed statement containing the differences between the proposed ordinance and the Uniform Construction Code and how the ordinance will equal or exceed the Uniform Construction Code.
* * * * * CHAPTER 405. ELEVATORS AND OTHER LIFTING DEVICES GENERALLY § 405.2. Standards.
(a) The following standards are adopted as part of the Uniform Construction Code and apply to the listed type of elevator or other lifting device. Other authorities referenced in the standards are adopted if the authority is not excluded in subsection (b):
* * * * * (4) ''ANSI B77.1-2006'' for passenger ropeways, aerial tramways, aerial lifts, surface lifts, tows and conveyors.
* * * * * § 405.11. Accident report.
* * * * * (e) An elevator or lifting device involved in a nonfatal accident resulting from mechanical or electrical failure may not return to operation until the Department provides approval. This requirement does not apply to ski lifts.
[Pa.B. Doc. No. 06-2448. Filed for public inspection December 15, 2006, 9:00 a.m.]
