Title 34--LABOR AND INDUSTRY DEPARTMENT OF LABOR AND INDUSTRY [34 PA. CODE CH. 401] Uniform Construction Code; Training and Certification of Code Administrators [32 Pa.B. 1849] The Department of Labor and Industry (Department), Bureau of Occupational and Industrial Safety (BOIS), by this order adopts these final-form regulations to provide detailed requirements for the training and certification of code administrators under the Pennsylvania Construction Code Act (35 P. S. §§ 7210.701--7210.1103) (act), to read as set forth in Annex A.
In response to comments received and meetings with affected parties, the Department made some changes to the proposed rulemaking that was published at 31 Pa.B. 3543 (July 7, 2001).
This notice includes the Department's interpretation of the act of November 10, 1999 (P. L. 491, No. 45) (Act 45) adopting the 1999 BOCA National Building Code, Fourteenth Edition or its successor codes as the Uniform Construction Code (UCC).
Statutory Authority
These final-form regulations are adopted under the authority provided in section 701(a) of the act (35 P. S. § 7210.701(a)), which provides that the Department, in consultation with the Accessibility Advisory Board (Board), Building Officials and Code Administrators International, Inc. (BOCA), National Conference of State Building Code Standards (NCSBCS) and other interested parties, adopt regulations providing for a program of required training and certification for all categories of code administrators.
Section 701(e)(1) of the act also requires that the Department adopt regulations setting forth the time period in which current code administrators shall meet the training and certification requirements of the act. Section 701(f) of the act mandates that the Department adopt and implement a continuing education program. The Department is empowered to establish a procedure providing for the notification and hearing process for decertification for just cause under section 701(h) of the act. Authority to adopt and promulgate fees for educational programs, testing and certification of code administrators is contained in section 701(j) of the act. Section 701(k) of the act provides that the Department set minimum levels of liability insurance applicable to third-party agencies.
Background
The purpose of the act is to establish a Statewide building code, the UCC. This provides uniform standards for builders, and greater protection for building owners and occupants, and the general public. All municipalities in this Commonwealth will utilize the UCC to assure that this Commonwealth has a uniform, modern construction code that will insure safety, health and sanitary construction, promote state-of-the art techniques and encourage cost-effectiveness. An important facet of the act is ''to assure that officials charged with the administration and enforcement of the technical provisions of [the] act are adequately trained and supervised.'' See section 102(b)(6) of the act (35 P. S. § 7210.102(b)(6)). These officials will be certified in categories appropriate to the work performed. The Department will regulate these officials as code administrators and mandate continuing education.
The UCC takes effect 90 days after the publication of final-form regulations by the Department adopting the required National standards for buildings and energy conservation, and setting forth the administrative provisions under the code. Under section 701 of the act, the Department is required to adopt a program of training and certification for code administrators. Code administrators are municipal code officials, construction code officials, third-party agencies or the Department. Code administrators are generally responsible for plan review of construction documents, inspection of construction or administration and enforcement of codes and regulations under the act or related acts.
Section 701 of the act took effect on November 10, 1999. Since the passage of the act, the Department received numerous requests for guidance on training and certification from current code administrators, municipalities and third-party agencies. Municipalities, current code administrators and third-party agencies need ample time to plan and prepare for the effective date of the UCC and to complete certification. Accordingly, the Department determined it was necessary to promulgate these regulations on training and certification before the regulations establishing the UCC's administrative and enforcement provisions.
At 31 Pa.B. 3543, the Department published the notice of proposed rulemaking, inviting all interested parties to provide written comments. As a result, the Department received comments from the following groups and individuals: Gmerek & Hayden; Joe Pirozzi; Robert E. Duncan, Pennsylvania Association of Code Officials (PACO); Michael A. Perrone, Borough of West Chester; John E. Buzard and J. Thomas Traister, Supervisors, Madison Township; Randy Souders, Director, Community Develop and Code Enforcement, Upper Allen Township; William Hartz, Manager of Certification, BOCA; Cindy L. Davis; Middle Department Inspection Agency, Inc. (MDIA); Dingman Township Board of Supervisors; and Senator Mike Waugh and Senator Charlie Dent. The Department also received written comments from the Independent Regulatory Review Commission (IRRC), in a letter dated September 7, 2001, and met with analysts from IRRC.
The Department submitted a request, under 45 Pa.C.S. § 727(9) (relating to matter not required to be published) for designation of the International Building Code 2000 and the International Residential Code for One- and Two-Family Dwellings as a generally available publication approved by the Legislative Reference Bureau. The Department was granted this request on December 28, 2001.
Compliance with Executive Order 1996-1, Regulatory Review and Promulgation
Since the passage of the act, extensive outreach and communication efforts have been undertaken to gain input from the various affected parties including representatives from BOCA, three regional Pennsylvania Chapters of BOCA, Pennsylvania Code Training Consortium (CTC), Pennsylvania Housing Research Center, Building Codes Assistance Project, United States Department of Energy and the Department of Health of the Commonwealth. Department representatives met almost weekly with interested persons to answer questions and solicit comment.
The Department attended the CTC's inaugural meeting in October 1999 and has attended its subsequent quarterly meetings. On December 16, 1999, the Department held a general stakeholders' meeting to discuss the act and identify stakeholders. On June 16, 2000, the Department posted a draft of this training and certification regulation on its website www.dli.state.pa.us and solicited comments from stakeholders.
The Department received, reviewed and answered numerous e-mails and faxes from stakeholders, construction code officials, trade associations and local governments concerning certification and other aspects of the UCC. On July 19, 2000, the Department held a second stakeholders' meeting on its draft training and certification regulations. On July 26, 2000, the Department posted some proposed changes to its draft regulations on its Internet site. On October 18, 2000, Department representatives met with members of Pennsylvania Building Officials Conference at their annual conference to discuss training and certification requirements. The rulemaking was also discussed with the Department's Board. The Department published the notice of proposed rulemaking at 31 Pa.B. 3543. This notice contained an invitation for all interested parties to provide written comments. It also posted the proposed rulemaking on its website.
Purpose
The act's purpose is to insure safe, uniform, cost-efficient, modern construction standards throughout this Commonwealth by adopting a Statewide building code governing the construction, alteration, repair and new occupancy of all structures in this Commonwealth. See section 102(b) of the act. Officials charged with the administration and enforcement of the technical provisions of the act shall be adequately trained and supervised. These regulations provide a certification program, based upon consultation with BOCA, and establishes minimum continuing education requirements for code administrators for the specific work that is to be performed. They also contain procedures for decertification of code administrators for just cause. They also provide the insurance requirements for third-party agencies that may be contracted with to act as a construction code official for residential property owners, local governments and the Department. The regulations also set the time period for current code administrators to meet the certification requirements of Act 45, and provide for the registration of current code officials until these requirements are met. The regulations set forth fees for initial certification and registration, certification renewal, third-party agency certification and renewal and identification replacement.
Affected Persons
Current and prospective code administrators including employees of the Department, municipalities, political subdivisions and third-party agencies are affected by this regulation. These persons are required to meet the certification requirements of Act 45, including the specific category testing to perform their duties. Code administrators will have to complete mandatory continuing education hours to renew certifications. Employers will insure that code administrators meet this chapter's requirements. Third-party agencies will have to obtain appropriate insurance coverage. The Department will have to provide staffing requirements to provide the certification and renewal of code administrators. The general public is also affected in that the use of trained and certified building code administrators to perform building inspections will increase public safety.
Fiscal Impact
The Commonwealth will incur ongoing costs related to the administration of the new certification provisions. These costs will be greater at the onset of the certification program and will decrease over the course of 5 years. These administrative costs are the result of the act's requirements.
The Department will be required to augment its existing staff to review, process and evaluate applications for certification of code administrators. The Department, an employer of code administrators, will be required to train and certify its existing employees. Further, the Department will also incur costs in providing continuing education for its employees.
Local governments will only incur costs if they decide to administer and enforce the UCC. Local governments that conduct building code programs, and third-party agencies which hire code administrators, will incur costs associated with training, certification and continuing education of their employees. To offset these costs, local governments will be able to charge plan review and building permit fees to owners or builders. Third-party agencies will have to pay the costs to obtain appropriate insurance coverage.
Responses to Comments
The following addresses the common areas of concerns found in the comments received from the public and IRRC:
Some of the definitions in § 401.1 (relating to definitions) were changed in response to a number of comments. Two commentators, Gmerek & Hayden and Joe Pirozzi, objected to the number of occupation certifications for elevator and lifting device inspection found in the proposed rulemaking in §§ 401.6 and 401.7 (relating to certification categories and testing; and certification category specifications). The Department changed §§ 401.6 and 401.7 by deleting the categories for conveying system inspector, belt manlift inspector and auto lift inspector in response. The changes to these sections also necessitated a change in the definitions found in § 401.1.
IRRC commented that the definitions for ''code administrator'' and ''construction code official'' differ from the definitions found in the act and suggested that these definitions contain cross references similar to definitions in the act. IRRC also questioned whether the term ''current code administrator'' pertains to only employees of third-party agencies. The term current ''code administrator'' applies to persons currently performing code administration. The Department revised these terms to reflect the act. Upon further review of this rulemaking, the Department determined that the definitions for ''code administrator,'' ''current code administrator'' and ''construction code official'' did not include elevator and passenger ropeway inspectors. The Department rewrote the definitions for ''code administrator'' and ''construction code official'' to reflect and incorporate the act's definitions. It also rewrote the definitions for ''code administrator,'' ''current code administrator'' and ''construction code official'' to include elevator and passenger ropeway inspectors by containing a reference to equipment in the definitions.
Four commentators, IRRC, Robert Duncan, Michael A. Perrone and Cindy L. Davis stated the Department should provide a certification category for BOCA Certified Building Code Official (CBO). The Department addressed this concern in § 401.5(a)(3) (relating to waivers) by adding the CBO category. The changes to that section necessitated the addition of a definition for ''certified building code official'' in § 401.1
IRRC and the MDIA stated the definition of ''third-party agency'' should be added to the regulations. The Department added the definition of ''third-party agency'' from the act as suggested by the MDIA. The MDIA also stated that the Department must determine when an individual who is employed by more than one municipality must be licensed as a third-party agency. The definition of ''third-party agency'' clearly applies to individuals as well as firms and corporations. Whether an individual is a third-party agency or a municipal employee will be determined on the basis of that individual's contractual or employment relationship with the municipality.
Section 401.2 (relating to Department fees) was changed to clarify how fees will be charged. The final-form regulations state that the Department will charge one fee per application, and an applicant may apply for multiple categories on a single application. The Department has also deleted the requirement for a photo identification card. The Department planned to contract with the Department of Transportation for photo identification cards to make the cards readily available throughout this Commonwealth and to decrease costs. The Department subsequently learned that a separate card would have to be issued for each certification category or the cost of the cards would rise significantly. To reduce costs for construction code officials and the Department, the Department will issue a certification identification card without a photograph.
IRRC questioned how the Department's fees were determined under § 401.2. The Department established its fees based on the actual costs for its asbestos and lead-based paint occupation certification programs. The Department will use the same personnel and procedures for certifying construction code officials.
The Department changed § 401.3 (relating to certification required) to reflect changes made to other sections of this rulemaking. Section 401.3(a) was amended to allow a registered construction code official to perform plan review, inspection and administration and enforcement of the UCC to reflect current code administrators who must register under § 401.15 (relating to registration of current code administrators). Additionally, § 401.3(b) was amended to reflect certification category changes in §§ 401.6 and 401.7. The term ''accessibility specialist'' was changed to ''accessibility inspector/plans examiner'' because of BOCA's revisions to its certification categories. Additionally, this section was changed to reflect the certification requirement relating to inspection and plan review of equipment such as elevators.
Section 401.4 (relating to application and identification) was changed to reflect the deletion of photo identification cards. This section now refers to identification cards and not to photo identification cards.
The certification waiver provisions of § 401.5 were changed in response to comments received by the Department. Commentators, Randy Souders and the MDIA objected to the certification requirements for current code administrators. Randy Souders suggested that current code administrators receive credit for actual work experience. BOCA suggested revising the term ''continued employment'' in § 401.5(a)(2)(i) to ''continuous employment.'' IRRC and the MDIA questioned whether continued employment in a related field referred to just employment as an inspector or included employment in construction or installation as well.
The Department decided that experience alone was insufficient to waive the testing requirement and will provide some waivers for testing for current code administrators in the final-form regulations. The Department modified § 401.5 to clarify this issue for current code administrators. The Department added the term current code administrator to § 401.5(a)(2)(i). This allows for waiver of the testing requirements for applicants who have passed substantially similar tests at any time as long as they can provide evidence of employment as a current code administrator or 30 hours of continuing education or a college degree program in associated fields.
The MDIA also suggested that the Department modify § 401.5(a)(2)(ii) to include current certification by a National professional association of inspectors as a condition for waiver in addition to certification by a model code organization. The Department did not make this suggested change. Model code organizations have specific training, testing and continuing education requirements for certification. Professional associations generally do not have these requirements.
IRRC questioned what would constitute evidence of substantial education in associated fields under § 401.5(a)(2)(iii) and suggested that the Department clarify this language. The Department modified this subsection to require evidence of completion of 30 hours of continuing education or a college degree program in associated fields.
Four commentators, IRRC, PACO, Michael A. Perrone and Cindy L. Davis objected to the absence of a certification category for BOCA CBO. The Department added § 401.5(a)(3) to allow individuals who passed the CBO examination to waive the examination requirements for the residential building inspector, building inspector and building plans examiner categories.
IRRC sought information on the required application fee for waiver under § 401.5(b). The Department amended this section to cross reference the application fee under § 401.2.
Sections 401.6 and 401.7 were changed in response to the comments received by the Department. The Department changed all the certification category references from one and two family dwellings to residential to conform to the administrative and enforcement provisions of the UCC that the Department is currently drafting. BOCA suggested the revision of the fire prevention inspector category to fire inspector I and the revision of the accessibility specialist to accessibility inspector/plans examiner because of the changes BOCA made to its certification categories. The Department made the suggested changes. However, the Department will use the designation fire inspector without the ''I'' because the Department will recognize only one certification in this category. The certified building code official category was also added to this section as discussed previously.
Commentators, IRRC, Gmerek & Hayden and Joe Pirozzi, objected to the number of occupation certifications for elevator and lifting device inspection found in the proposed rulemaking in §§ 401.6 and 401.7. The proposed rulemaking contained certification test requirements and specifications for elevator inspector, belt manlift inspector, conveying system inspector and passenger ropeway inspector. Gmerick & Hayden stated that the Department currently maintains jurisdiction over these types of devices with only one inspector category and that other jurisdictions do not require multiple licenses for lifting device inspection. In addition, Joe Pirozzi commented that categories for elevator inspector and ski-lift/tram inspector would be adequate. In response to these comments, the Department deleted the auto lift, belt manlift and conveying system inspector categories.
IRRC and Robert Duncan questioned the large number of certification categories. Robert Duncan provided the example of a sole inspector in a small municipality requiring 18 certifications. Michael Perrone suggested that a person who is certified as a commercial inspector would be qualified to perform the corresponding inspections for residential structures without additional certification. The Department agrees and redrafted the certification specifications in § 401.7 to allow building, electrical, mechanical, plumbing and energy inspectors certified to perform inspections on commercial buildings to perform these same inspections on residential buildings without obtaining the equivalent residential certification. This may greatly reduce the number of required certifications.
Robert Duncan also objected to the testing requirements for the energy inspector classifications. PACO was concerned over the three separate tests for various energy certification categories. The proposed rulemaking required separate tests for residential, commercial and plan approval. In response to this comment, the Department redrafted the certification specifications in § 401.7 to allow building energy inspectors certified to perform inspections on commercial buildings to perform energy inspections on residential buildings without obtaining the equivalent residential energy inspector certification.
Section 401.8 (relating to certification renewal) was changed in response to IRRC's comments. IRRC asked how the Department would make renewal information and forms available to the public. The Department amended § 401.8(b) to state that the Department will post renewal forms on its website and that it will also provide the form upon request. The Department will also make the forms available through municipal and professional associations, municipalities and the Department of Community and Economic Development (DCED). IRCC also questioned the required renewal fee. The Department amended § 401.8(b) to reference the fees for renewal applications stated in § 401.2. Certificationholders are responsible for monitoring the expiration date of their certification. However, the expiration date will be posted on every certification identification card.
The Department also changed § 401.8(a) to clarify that if a certificationholder receives a certification in an additional category, the expiration date of the existing certification will be the date of expiration for the additional certification category. The Department made this change to avoid redundant renewals and unnecessary expenses and inconvenience to certificationholders. Obtaining additional certification requires the completion of additional examinations and preparation. A certificationholder still must complete required continuing education under this amendment.
BOCA recommended deleting § 401.8(e)(5) which requires a training provider to state the subject matter of a course on the certificate of attendance. BOCA stated that it does not provide this information. However, § 401.9(a) (relating to continuing education) requires at least 1/3 of an applicant's continuing education credits be in approved courses related to the applicant's certifications. Without having information on course subject matter, the Department would be unable to verify this requirement. Accordingly, the Department did not make this suggested change. The Department will work with BOCA so that this information is available for certification purposes.
Section 401.9 was changed in response to comments received by the Department. BOCA recommended that the Department specify the credit hours that will be awarded for a certification examination and for attendance at code change hearings. The Department revised § 401.9(b) to specify the number of credits awarded in these areas:
1. General courses: One credit hour for each 60 minutes actually spent at one course except as otherwise listed in this subsection.
2. Self-study course: One credit hour for each 60 minutes of completion time calculated by the sponsor.
3. Certification examination: Five credit hours for an examination in an additional certification category.
4. Model code organization code change hearing: One credit hour for each 60 minutes actually spent in attendance.
Section 401.10 (relating to Department-approved providers) was changed in response to IRRC's comments. IRRC asked how the Department would notify code administrators and construction code officials of approved training providers. The Department added the provision that it will make approved provider information available on its website and that it will also provide this information upon request in subsection (b). The Department will also make this information available through DCED and CTC.
Section 401.11 (relating to certification of third-party agency) was changed to clarify the process for certification renewal for third-party agencies. The Department added § 401.11(f) which will require a third-party agency to meet all of the following requirements for certification renewal: 1) submission of a completed renewal form; 2) payment of the required fee under § 401.2; 3) submission of proof of liability insurance coverage under § 401.12 (relating to liability insurance); and 4) that it is not decertified under § 401.14 (relating to decertification or refusal to certify).
The MDIA objected to the type of insurance coverage required by proposed § 401.12. The MDIA agreed with the Department's adoption of a minimum of $1 million of errors and omissions insurance as required in § 401.12(a). However, it suggested that the Department also require an additional $1 million in general liability insurance coverage.
The Department, under section 701(k) of the act, is requiring professional errors and omissions insurance. It determined that this requirement is more appropriate than compelling general liability insurance coverage. An errors and omissions policy covers plan review and inspection. A general liability policy covers general casualty. Requiring insurance under both policies would be an expense that is not necessary to comply with the act's purpose and actual language.
The Department also amended § 401.13 (relating to list of code administrators) based on IRRC's comment. IRRC stated that the final-form regulations should state how the public and municipalities could access the Department's list of certified code administrators. Section 401.13 was amended and will provide that the Department will maintain a list of code administrators and their certification categories on its website and that the Department will also provide this information upon request.
The Department revised § 401.14(a)(8) to provide for reciprocal action or certification denial based upon certification actions undertaken by the proper authority in Canada in addition to state and Federal jurisdictions.
The Department amended § 401.14(c)(4) in response to IRRC's comments. IRRC commented that this subsection, requiring a presiding officer to promptly transmit a proposed report in a decertification proceeding to the Secretary, is vague. It suggested the insertion of a specific time period. The Department added that the proposed report would be transmitted to the Secretary within 15 days after issuance.
IRRC questioned the requirement in § 401.14(e)(2) which stated that a code administrator who has been convicted of a felony or crime related to code enforcement must demonstrate that he is fully rehabilitated before the Department will reinstate his certification. IRRC stated the regulation had no criteria to determine full rehabilitation and suggested the Department add criteria to the final-form regulations. The Department deleted any references to rehabilitation and replaced it with the requirement that recertification may not be detrimental to public health and safety. This should alleviate the ambiguity noted by IRRC and still provide for public protection.
IRRC and Robert Duncan questioned the time period for registration of current code administrators found in § 401.15. The proposed rulemaking allowed current code administrators engaged in plan review or inspection of residential structures to continue to perform these activities without meeting the training and certification requirements of this regulation for 3 years from the effective date of adoption of this rulemaking. It allowed current code administrators engaged in plan review or inspection of commercial structures to continue to perform these activities without meeting the training and certification requirements of these regulations for 5 years from effective date of adoption of this rulemaking. These current code administrators are required to meet the certification requirements of these regulation at the end of the 3- or 5-year period.
The Department slightly modified § 401.15 from the proposed rulemaking to, in part, reflect IRRC and Robert Duncan's comments. These final-form regulations will allow current code administrators to engage in activities for residential construction for 3 years and 5 years for commercial construction. However, the time period will commence from the effective date of the final-form rulemaking for the administrative and enforcement provisions of the UCC that the Department will submit. This should provide even more time for the training and certification of code administrators. Additionally, this effective date is more reasonable because it reflects a time period when the UCC will be in effect. The UCC also has to be in effect so that the Department may provide testing for the building code official and passenger rope inspector categories.
The Department also promulgated the training and certification regulation before the administrative and enforcement provisions of the UCC. The Department posted its draft training and certification regulation on its website on June 16, 2000, to give municipalities and current code official notice of the anticipated requirements. The 3- and 5- year time periods, in addition to this previous posting, provide municipalities and current code officials with sufficient time to plan and train for certification. This need for ample notification is balanced against the desire to implement a UCC as soon as possible and within the discretionary time that the General Assembly provided to the Department in section 701(e) of act (Residential: 3-7 years/Commercial: 5-10 years).
IRRC and Robert Duncan questioned whether current code administrators would lose registration and the ability to conduct plan review or inspections during the 3- or 5-year registration period for changing employers during that time period. A current code administrator would not lose registration for a change of employers because the registration is issued to the code administrator and not to the employer. However, the Department added § 401.15(g), which states that a current code administrator is not required to obtain a new registration for a change of employer. The Department also added subsection (h) to clarify that a current code administrator may not perform reviews or inspections relating to accessibility requirements.
BOCA suggested that an additional subsection be added to § 401.15 to clarify that the 5-year registration period for current code administrators does not apply to the accessibility inspector/plans examiner certification category. The Department considered and ultimately rejected this suggestion. Section 701(e)(2) of the act clearly provides that the Department will retain jurisdiction over the accessibility provisions of the UCC until municipal code administrators meet the requirements for certification.
Cindy L. Davis stated that the terms ''code administrator,'' ''construction code official'' and ''building code official'' appear to be used interchangeably. A code administrator is the category that covers all persons who perform plan review of construction documents, or administer and enforce regulations. The term includes a municipal code official, construction code official, a third-party agency and the Department. A construction code official is an individual certified by the Department in any category established under section 701(b) of the act. A construction code official will perform plan review of construction documents, inspect construction or enforce and administer codes and regulations. Separate proposed rulemaking for the administrative and enforcement provisions of the UCC will contain a specific definition for building code official. A building code official will be the construction code official that supervises, manages and enforces building enforcement activities. However, the Department reviewed this entire chapter and made changes in the terminology to insure that these terms were used consistently and clearly. Additionally, future rulemaking on the administration and enforcement portion of the UCC will further explain the distinctions between these terms.
Senator Mike Waugh and Senator Charlie Dent wrote to the Department to inform it of issues relating to rehabilitation of existing structures. The letter was informative. However, no change in the regulations was required.
The Dingman Township Board of Supervisors commented that there may a serious shortage of trained and qualified construction code officials during the UCC's initial implementation period. The Dingman Township Board of Supervisors suggested that the Department take adequate steps to insure that there are an adequate number of qualified individuals in all geographic areas of this Commonwealth. The Department is aware of this potential problem and is attempting to plan for and adequately staff Department personnel to cover any need for qualified personnel.
The Department received a comment on the Board of Appeals requirement under the administrative and enforcement provisions of the UCC from the Dingman Township Board of Supervisors. This is not a matter addressed by this rulemaking. The Department will address this comment in its proposed rulemaking for administration and enforcement.
The Department also received a letter from the Madison Township Supervisors expressing concern over the new building code inspection requirements and stating that rural municipalities cannot afford the hiring of inspectors with all of the required certifications and that implementation of this chapter will significantly impact the township's income and bring challenges from their constituents if they opt out. However, the Department is required by the act to adopt the IBC 2000 and require certification of the building code officials.
IRRC commented that the required number of certifications and related training would place a financial burden on small municipalities that maintain a qualified code administrator. IRRC suggested that the regulations specifically allow municipalities to share code administrators. However, these regulations focus specifically on training and certification requirements. This chapter does not address the manner in which municipalities may administer the UCC program. The Department's future rulemaking for administration and enforcement will address UCC enforcement. The Department will allow joint enforcement by municipalities and sharing of building code officials under section 501(b) of act (35 P. S. § 7210.501(b)).
Effective Date
This final-form rulemaking takes effect July 12, 2002.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 26, 2001, the Department submitted a copy of the notice of proposed rulemaking, published at 31 Pa.B. 3543, to IRRC and to the Chairpersons of the Senate Committee on Labor and Industry and the House Labor Relations Committee for review and comment.
The Department also provided the Committees and IRRC with copies of the comments received as well as other documentation in accordance with section 5(c) of the Regulatory Review Act (71 P. S. § 745.5(c)). In preparing these final-form regulations, the Department considered the comments from IRRC, stakeholders and the public. The Department did not receive comments from the Senate or House Committees.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), these final-form regulations were deemed approved by the House and Senate Committees on February 27, 2002. IRRC met on March 7, 2002, and approved these final-form regulations in accordance with section 5.1(e) of the Regulatory Review Act.
Contact Person
The contact person is Charles J. Sludden, Director of the Bureau of Occupational and Industrial Safety, Department of Labor and Industry, Room 1613, Labor and Industry Bldg., 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 by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the related regulations at 1 Pa. Code §§ 7.1 and 7.2.
(2) The final-form regulations adopted by this order are 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 adding §§ 401.1--401.16 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 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 July 12, 2002.
JOHNNY J. BUTLER,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 32 Pa.B. 1590 (March 23, 2002).)
Fiscal Note: Fiscal Note 12-57 remains valid for the final adoption of the subject regulations.
Annex A TITLE 34. LABOR AND INDUSTRY PART XIV. UNIFORM CONSTRUCTION CODE CHAPTER 401. UNIFORM CONSTRUCTION CODE TRAINING AND CERTIFICATION OF CODE ADMINISTRATORS Sec.
401.1. Definitions. 401.2. Department fees. 401.3. Certification required. 401.4. Application and identification. 401.5. Waivers. 401.6. Certification categories and testing. 401.7. Certification category specifications. 401.8. Certification renewal. 401.9. Continuing education. 401.10. Department-approved providers. 401.11. Certification of third-party agency. 401.12. Liability insurance. 401.13. List of code administrators. 401.14. Decertification or refusal to certify. 401.15. Registration of current code administrators. 401.16. Change of address or employer. § 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, P. O. Box 33116, Indialantic, Florida, 32903-3116.
ASME--The American Society of Mechanical Engineers, Three Park Avenue, New York, New York 10016-5990.
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).
Certified building official--A classification administered by the International Code Council or its predecessor organization.
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.
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.
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 the effective date of the final-form regulations for the Uniform Construction Code.
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.
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.
Secretary--The Secretary of the Department.
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--The International Building Code First Edition 2000, the International Residential Code for One- and Two- Family Dwellings 2000, available from BOCA International, 4051 W. Flossmoor Rd., Country Club Hills, IL 60478-5795, 1 (800) 214-4231; and any standards adopted by the Department in this chapter under section 301 of the act (35 P. S. § 7210.301).
§ 401.2. Department fees.
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.
§ 401.3. Certification required.
(a) A person may not perform a plan review of construction documents, inspect construction or equipment, or administer and enforce the Uniform Construction Code without being currently certified or registered by the Department in the category applicable to the work that is to be performed.
(b) A person may not approve plans or perform inspections relating to accessibility requirements without being certified by the Department as an accessibility inspector/plans examiner.
§ 401.4. Application and identification.
(a) An applicant for certification shall submit a Department-provided application, pay the required fee and submit verification of meeting the requirements of this chapter and passing all of the certification examinations for a specific certification category in § 401.5 (relating to waivers) within the 6 years prior to July 12, 2002.
(b) The Department will issue an identification card to an applicant who meets the certification requirements.
(c) A certification holder shall notify the Department in writing if the identification card is lost or destroyed. The Department will charge a required fee for issuance of a new identification card.
(d) Certification and certification renewal will not be valid until the Department receives the required fee.
(e) The period of certification shall be 3 years from the issuance date of a certification under § 401.8(a) (relating to certification renewal).
(f) The Department may refuse to issue certification for just cause in accordance with § 401.14 (relating to decertification or refusal). The Department will provide written notification of the reasons for the refusal to issue certification.
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[Continued from previous Web Page] § 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 within the 6 years prior to July 12, 2002, 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).
§ 401.6. Certification categories and testing.
The Department will issue a certification for a specific category to an applicant who receives a passing grade in all of the examinations required for that category. The Department will accept the following category examinations or successor examinations administered by the Department, the National Certification Program for Construction Code Inspectors, Assessment Services, Incorporated, the National Association of Elevator Safety Authorities or other Nationally-recognized testing program approved by the Department. The Department will list the approved providers on its Internet website.
Examination Number Certification Categories and Name Residential building inspector 1A Building 1 & 2 family dwelling Residential electrical inspector 2A Electrical 1 & 2 family dwelling Residential mechanical inspector 4A Mechanical 1 & 2 family dwelling Residential plumbing inspector 5A Plumbing 1 & 2 family dwelling Residential energy inspector E1 Residential energy plan review & inspection Building inspector 1B Building general
3B Fire protection generalFire inspector F1 Fire prevention inspection general I Electrical inspector 2B Electrical general Mechanical inspector 4B Mechanical general Plumbing inspector 5B Plumbing general Energy inspector E2 Commercial energy inspection Accessibility inspector/plan examiner A1 accessibility inspector/ plan examiner Building plans examiner 1B Building general
1C Building plan review
3B Fire protection general
3C Fire protection plan reviewElectrical plans examiner 2B Electrical general
2C Electrical plan reviewMechanical plans examiner 4B Mechanical general
4C Mechanical plan reviewPlumbing plans examiner 5B Plumbing general
5C Plumbing plan reviewEnergy plans examiner E3 Commercial energy plan review Building code official (code administrator) Department-administered test on State law and application Elevator inspector Qualified elevator inspector test or its equivalent Passenger ropeway inspector Department administered test on ANSI B77.1-1999 edition § 401.7. Certification category specifications.
An individual certified by the Department in the following categories may perform the duties described in the specific category as a construction code official:
(1) Residential building inspector.
(i) Inspects one-family and two-family dwellings and jurisdictional accessory structures to ensure that these structures are free from hazardous structural conditions and comply with the Uniform Construction Code.
(ii) Duties include inspection of footings and foundations, concrete slabs, wood decay and termite protection, floor and ceiling framing, wall framing, roof framing, masonry walls, sheathing, roof covering, interior and exterior wall coverings, means of egress system and safety glazing.
(2) Residential electrical inspector.
(i) Inspects one-family and two-family dwellings and jurisdictional accessory structures to ensure that these structures are free from hazardous electrical installations and comply with the Uniform Construction Code.
(ii) Duties include determining compliance of electrical service, electrical distribution systems, wiring methods, panel boards, control devices, conductors and electrical fixture installation.
(3) Residential mechanical inspector.
(i) Inspects one-family and two-family dwellings and jurisdictional accessory structures to ensure that these structures are free from hazardous mechanical installations and comply with the Uniform Construction Code.
(ii) Duties include determining compliance of mechanical equipment, gas fuel supply systems, venting of appliances, air ducts, combustion air and comfort cooling.
(4) Residential plumbing inspector.
(i) Inspects one-family and two-family dwellings and jurisdictional accessory structures to ensure that these structures are free from hazardous plumbing installations and comply with the Uniform Construction Code.
(ii) Duties include determining compliance of water service, building sewer, water distribution, drainage, waste and vents and fixtures.
(5) Residential energy inspector.
(i) Inspects one-family and two-family dwellings and jurisdictional accessory structures to ensure that energy installations are made in the manner specified in the Uniform Construction Code.
(ii) Duties include determining compliance of conditioned or unconditioned spaces, R-values for roof/ceiling, floor and wall assemblies and insulation placement, installation of materials for the building envelope and its components, moisture control methods such as caulking, sealing and weather-stripping, duct and dipping insulation and sealing criteria, thermostats for each heating and cooling system, electrical metering, lighting installation and controls and piping insulation, circulation pump controls, heat traps, shower heads and pool cover installations.
(6) Building inspector.
(i) Ensures that buildings and structures are constructed in accordance with the Uniform Construction Code.
(ii) Duties include inspection of construction site and building location, footings and foundations, wood and steel framing and connections, masonry construction, precast and cast-in-place concrete, exterior weather boarding, fire-stopping and draft-stopping, building components related to life safety and fire protection systems and building components related to size, installation and workmanship.
(iii) May perform residential inspector duties listed in paragraph (1).
(7) Electrical inspector.
(i) Ensures that electrical installations are made in accordance with the Uniform Construction Code regardless of the size or components used in the installation.
(ii) Duties include determining compliance of raceways (installations, size), cables, panel boards and boxes, conductors, control devices, motors and generators, electrical equipment and special occupancies.
(iii) May perform residential electrical inspector duties listed in paragraph (2).
(8) Mechanical inspector.
(i) Ensures that mechanical installations are made in the manner specified in the Uniform Construction Code.
(ii) Duties include determining compliance of fuel piping systems, heating, cooling and ventilation, fuel-fired equipment venting, steam and hot water heating systems and piping and energy conservation.
(iii) May perform residential mechanical inspector duties listed in paragraph (3).
(9) Plumbing inspector.
(i) Ensures that plumbing installations are made in accordance with the Uniform Construction Code.
(ii) Duties include determining compliance of underground piping installation, rough-in inspections, drain-waste-venting (DWV) systems, pressure testing, water distribution systems, observation and elimination of cross connections, system pumps, tanks and pressure vessels and fixtures, traps and valves and their connections.
(iii) May perform residential plumbing inspector duties listed in paragraph (4).
(10) Energy inspector.
(i) Ensures that the building envelope, mechanical systems, electrical power and lighting systems and building service systems and equipment comply with the approved construction documents and the Uniform Construction Code.
(ii) Duties include verifying that building envelope and components meet minimum requirements for installation of materials and that building envelope penetrations are caulked, sealed and weather-stripped, determining compliance of moisture control methods, installation of and types of mechanical equipment and efficiencies, heating, ventilation and air conditioning (HVAC) equipment, ducts and piping, insulation and sealing, lighting installation and lighting controls for building interiors and exteriors, permanently wired poly-phase motors and their efficiencies, piping insulation, circulation pump controls, heat traps, point-of-use controls and pool cover installations.
(iii) May perform residential energy inspector duties listed in paragraph (5).
(11) Accessibility inspector/plans examiner.
(i) Ensures that buildings and structures are constructed in accordance with the accessibility provisions of the Uniform Construction Code and that construction documents submitted as part of a permit application comply with the accessibility provisions of the Uniform Construction Code.
(ii) Duties include inspection of building sites and all interior building components to verify compliance with the accessibility standards or review of construction documents to verify that the design of building sites and all interior components comply with the accessibility standards.
(12) Building plans examiner.
(i) Determines that the construction documents submitted as part of a permit application comply with the Uniform Construction Code.
(ii) Duties include determining the degree of compliance necessary for new construction projects, alterations or repairs, proper use group/type of construction classification, determining height and area requirements, minimum means of egress requirements, minimum light and ventilation requirements, minimum design structural loads, adequacy of soils investigations, adequacy of footing and foundation designs, minimum fire-resistance requirements, adequacy of barrier-free designs, minimum energy conservation requirements and adequacy of fire-protection systems.
(13) Fire inspector.
(i) Conducts basic fire prevention inspections and has a general knowledge of applicable codes and standards.
(ii) Duties include field inspections, preparation of correspondence and inspection reports, handling complaints, and maintaining files related to inspections that were conducted.
(14) Electrical plans examiner.
(i) Determines that the construction documents submitted as part of a permit application comply with the Uniform Construction Code.
(ii) Duties include determining proper number of services, proper location of services, adequacy of emergency systems, proper service size, proper over-current protection, special use applications and proper conductor size and application.
(15) Mechanical plans examiner.
(i) Determines that the construction documents submitted as part of a permit application comply with the Uniform Construction Code.
(ii) Duties include determining compliance of fuel piping systems, fuel-burning appliances, mechanical refrig-eration systems, incinerators, energy conservation equipment and controls, boilers and pressure vessels, venting systems, hydronic and steam-piping systems and ventilation air systems.
(16) Plumbing plans examiner.
(i) Determines that the construction documents submitted as part of a permit application comply with the Uniform Construction Code.
(ii) Duties include determining that water service, building sewer/storm sewer and other underground piping are properly sized and located, determining that proper drainage fixture units, fixture locations and clearances are used, determining the adequacy of drain-waste-venting (DWV) riser diagrams and water distribution systems and determining the proper number of fixtures and proper materials as proposed.
(17) Energy plans examiner.
(i) Ensures that the design criteria specified for a building are correct and in accordance with the Uniform Construction Code and that alterations, additions and change of use or occupancy are in compliance with the Uniform Construction Code.
(ii) Duties include determining compliance of the design conditions specified, conditioned or unconditioned spaces, R values for roof/ceiling, floor and wall assemblies and insulation placement, insulation of materials for the building envelope and its components, moisture control methods such as caulking, sealing and weather-stripping, duct and dipping insulation and sealing criteria, thermostats for each heating and cooling system, electrical metering, lighting installation and controls, piping insulation, circulation pump controls, heat raps, shower heads and pool cover installations.
(18) Building code official.
(i) Manages, supervises and administers building code enforcement activities. The Department, municipality or a third-party agency that operates an enforcement program under the act will employ at least one person certified or registered as a building code official.
(ii) Duties include management of building code enforcement activities, supervision of building inspectors or plans examiners, issuing building permits, occupancy permits, notice of violations and orders to vacate, and initiation of prosecutions.
(19) Elevator inspector.
(i) Inspects electric and hydraulic elevators, conveying systems and other lifting devices to ensure that these installations are free from conditions that would present a life safety or fire hazard to persons using the installations.
(ii) Duties include determining compliance with the Uniform Construction Code regarding door closers, interlocks, car safeties, over-speed governors, safety tests, reshackling, ropes, fireman's recall, brakes and other related elevator equipment and the investigation of accidents.
(20) Passenger ropeway inspector.
(i) Inspects passenger ropeways to ensure that the installation is free from conditions that would present a life safety or fire hazard to a person using the installation.
(ii) Duties include investigation of accidents and determining compliances of power units, auxiliary power units, carriers, cabins, cars, location, vertical and horizontal clearances, haul rope sleeves, guides, haul rope condition and splice, structures and foundations, capacity, speed, acceleration/deceleration, loading and unloading areas, required stopping devices, brakes and rollback devices, tension systems, manual and automatic control devices, haul rope grips, operation and maintenance of equipment, electrical components, emergency shut down circuits, bypass circuits, speed regulating devices, and other related ropeway equipment with the Uniform Construction Code.
§ 401.8. Certification renewal.
(a) A certification holder shall renew a certification every 3 years from date of issuance to continue to act as a code administrator. If a certification holder receives certification in an additional category, the expiration date of all his certifications shall be the date of expiration of the certification that was last issued to the certification holder.
(b) To renew a certification, an applicant shall submit a completed Department-provided renewal form, acceptable proof of completion of continuing education and the required certification fee under § 401.2 (relating to Department fees). The Department will post this form on its Internet website (www.dli.state.pa.us) and provide it upon request.
(c) An applicant for renewal shall obtain identification in accordance with § 401.4 (relating to application and identification).
(d) The Department will not renew a certification that is expired for more than 1 year unless the applicant submits a certification application under § 401.4 and passes the required examinations under § 401.6 (relating to certification categories and testing).
(e) An applicant for certification renewal shall submit proof of completion of each continuing education course. The proof of completion shall be completed by the course provider and contain the following information:
(1) The name and address of the training provider.
(2) The dates attended.
(3) The credit hours claimed.
(4) The title of the course.
(5) The subject matter of the course.
(f) The Department will not renew the certification of a person who was decertified in accordance with § 401.14 (relating to decertification or refusal) during the period that the Department ordered the decertification.
§ 401.9. Continuing education.
(a) Prior to certification renewal, an applicant shall complete 15 credit hours of continuing education in courses relating to the professional competency of code administrators. An applicant with multiple certification areas shall complete 15 credit hours of continuing education for each category after the issuance of the certification or most recent renewal of certification. The applicant is not required to complete more than 45 credit hours for renewal. At least 1/3 of the applicant's continuing education requirement shall be in approved courses relating to the applicant's certification categories.
(b) The Department will approve credit as follows:
(1) One credit hour for each 60 minutes actually spent at one course except as otherwise listed in this subsection.
(2) One credit hour for each 60-minutes of completion time for a self-study course calculated by the sponsor. The Department may modify credit hours for a self-study course to comply with this section.
(3) Five credit hours for successful completion of an examination for an additional certification category under subsection (c)(5).
(4) One credit hour for each 60 minutes actually spent in attendance at a model code organization code change hearing under subsection (c)(6).
(c) The Department approves the following as acceptable courses of study for continuing education credits:
(1) Attendance at a seminar or technical presentation by an approved provider.
(2) Completion of a self-study course offered by an approved provider.
(3) Completion of a classroom course offered by an accredited academic institution.
(4) Instruction at a continuing education seminar or technical presentation for an approved provider.
(5) Successful completion of an examination for an additional certification category listed in § 401.6 (relating to certification categories and testing)
(6) Attendance at a model code organization code change hearing.
§ 401.10. Department-approved providers.
(a) The following providers are approved to offer instruction for continuing education credit hours:
(1) The National Conference of States on Building Codes and Standards.
(2) A Federal, Commonwealth or state agency.
(3) An accredited academic institution.
(4) A model code organization or its accredited local chapter.
(5) A trade association representing design professionals or the construction industry.
(6) A National standards writing organization.
(7) An association serving or representing Commonwealth municipalities.
(8) Approved testing providers under § 401.6 (relating to certification categories and testing) for credit hours under § 401.9(c)(5) (relating to continuing education).
(b) The Department will approve additional providers who demonstrate the competency to provide approved continuing education programs. An applicant for approval as a provider shall submit a completed Department-provided application and appropriate documentation that it meets the requirements of § 401.9. The Department will post a list of approved providers on its Internet website (www.dli.state.pa.us) and provide the list upon request.
(c) The Department may revoke approval of any provider that does not comply with § 401.9 or this section. Actions will be taken subject to the right of notice, hearing and adjudication in accordance with 2 Pa.C.S. (relating to administrative law and procedure).
§ 401.11. Certification of third-party agency.
(a) Current certification as a third-party agency is required to act as a construction code official, perform plan review of construction documents, inspect construction or administer and enforce codes and regulations in accordance with the act under contract with a person, firm, corporation or the Commonwealth.
(b) An applicant for certification as a third-party agency shall submit a completed Department-provided application to the Department and pay the required fee.
(c) An applicant for certification as a third-party agency shall submit documentation that its employees or agents who act as construction code officials and perform plan review of construction documents, inspect construction or administer or enforce codes and regulations under the act are currently registered or certified in the specific categories applicable to the work performed.
(d) An applicant for certification under this section shall submit acceptable documentation of insurance coverage required under § 401.12 (relating to liability insurance).
(e) A third-party agency shall provide written notification to the Department within 60 days of the hiring or change of employment status of an employee or agent who acts as a construction code official and performs plan review of construction documents, inspects construction or administers or enforces codes and regulations under the act.
(f) A certification expires 3 years after date of issuance. The Department will renew a third-party agency certification when the applicant meets all of the following:
(1) Submits a completed Department-provided renewal form.
(2) Pays the required fee under § 401.2 (relating to Department fees).
(3) Submits proof of liability insurance coverage under § 401.12.
(4) Not decertified under § 401.14 (relating to decertification).
§ 401.12. Liability insurance.
(a) A third-party agency shall carry errors and omissions liability insurance in at least the amount of $1 million for each person and each occurrence to satisfy claims or judgments for property damage or personal injury, or both.
(b) As a condition for obtaining and renewing certification, a third-party agency shall submit to the Department satisfactory evidence that it has obtained errors and omissions liability insurance as required by this section. A certification or renewal will not be issued unless the third-party agency provides proof of insurance which shall consist of a certificate of insurance or copy of the declaration page from the insurance policy setting forth the effective date, expiration date and policy coverage in the amounts required.
(c) A third-party agency shall notify the Department immediately of the cancellation of its errors and omissions liability insurance, the failure or refusal to renew its errors and omissions liability insurance, change of insurance carrier, change of policy dates or changes of coverage amounts. Upon notice of loss or cancellation of insurance coverage, the Department will immediately initiate action to decertify the third party agency under § 401.14 (relating to decertification or refusal to certify).
§ 401.13. List of code administrators.
The Department will maintain a list of code administrators indicating their categories of certifications on its Internet website (www.dli.state.pa.us). The Department will also make the list available to municipalities and, upon request, the public.
§ 401.14. Decertification or refusal to certify.
(a) Decertification or refusal to certify. The Department may initiate action against a code administrator or refuse to issue certification for just cause. Just cause includes the following:
(1) Failure to remedy an error or omission specified in a formal warning or to comply with an order issued by the Department under this section.
(2) Fraud or deceit or making untrue representations in obtaining a certification.
(3) Failure to remit the required certification fee.
(4) Violation of the act or this chapter.
(5) Incompetence or gross negligence.
(6) Acting in a manner presenting a danger to the public health and safety.
(7) Pleading guilty, entering a plea of nolo contendere, being found guilty, receiving probation without verdict, disposition in lieu of trial or an Accelerated Rehabilitative Disposition to a felony or any crime relating to the business of code administrator in the courts of this Commonwealth, a Federal court or a court of any other state, territory or insular possession of the United States.
(8) Having a certification or any authorization to engage in the business of code administrator revoked or suspended or having other disciplinary action taken, or an application for certification or authorization to engage in the business of code administrator refused or denied by the proper authority of another state or Federal district, territory or insular possession of the United States, the Federal government or Canada.
(9) Failing to complete continuing education requirements of the act or engaging in deceit or misrepresentation in the reporting of continuing education requirements.
(10) Engaging in fraud, deceit or an act of moral turpitude while acting as code administrator.
(11) Failing to enforce the act or Uniform Construction Code.
(12) Knowingly aiding and abetting a person engaging in code administrator activity who is not currently certified or registered.
(13) Being a third-party agency that does not comply with § 401.12 (relating to liability insurance).
(14) Engaging in the activities of a code administrator or advertising as a code administrator without a current certification required for the work performed, or registration issued by the Department.
(b) Notice and hearing. Actions of the Department relating to decertification under this section will be taken subject to the right of notice, hearing and adjudication in accordance with 2 Pa.C.S. (relating to administrative law and procedure). Decertification proceedings shall be con-ducted under 1 Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedure).
(c) Procedure for decertification.
(1) The Department will serve the code administrator with an order to show cause under 1 Pa. Code § 35.14 (relating to orders to show cause). The order to show cause shall contain notification that the certification may be subject to action and the grounds for the action. The order to show cause shall contain notification that the code administrator is to respond in writing within 30 days after the date of service of the order. The Department will also serve a copy of the order to show cause upon the supervising official in the municipality where the alleged incidents occurred and upon the code administrator's current employer.
(2) The code administrator may respond in writing to the allegations in the order to show cause in accordance with 1 Pa. Code § 35.37 (relating to answers to orders to show cause). If made, the answer shall be filed with the Department within 30 days after the date of service of the order to show cause.
(3) At the request of the code administrator, the Department will hold a hearing on the matter. The Secretary will designate a presiding officer to conduct the hearing and to issue a proposed report under 1 Pa. Code §§ 35.201--35.207 (relating to proposed reports generally).
(4) The presiding officer shall have the power to conduct hearings under 1 Pa. Code §§ 35.185--35.190 (relating to presiding officers). The presiding officer shall issue a proposed report that shall be served upon counsel of record or to the parties in the hearing. The presiding officer shall transmit the proposed report and the certified record to the Secretary within 15-days after issuance of the proposed report.
(5) A participant desiring to appeal to the Secretary shall, within 30 days after the service of a copy of the proposed report, file exceptions to the proposed report under 1 Pa. Code § 35.211 (relating to procedure to except to proposed report). A response may be filed within 20 days to the exceptions.
(6) The Secretary or a designee will issue a final order under 1 Pa. Code § 35.226 (relating to final orders).
(d) Types of corrective action. When the Department is authorized to take action against a code administrator, the Department may:
(1) Administer a formal warning.
(2) Require the code administrator to take remedial educational courses.
(3) Decertify the code administrator for a period set by the Department. The Department will order the code administrator to surrender his certificate after decertification.
(4) Deny the application for certification.
(e) Conditions for reinstatement. Unless ordered to do so by a court of competent jurisdiction, the Department will not reinstate certification to a person who was decertified until the following conditions are met:
(1) The full period of decertification ordered by the Department has elapsed.
(2) The person has complied with conditions imposed by the Department's order of decertification and recertifi-cation would not be detrimental to the public health and safety.
(3) The person complies with § 401.4 (relating to application and identification).
(f) Subsection (c) supplements 1 Pa. Code §§ 35.14, 35.37, 35.201--35.207, 35.185--35.190, 35.211 and 35.226.
§ 401.15. Registration of current code administrators.
(a) A current code administrator engaged in plan review or inspection of one-family or two-family residential property may continue to engage in these activities without meeting the training and certification requirements of this chapter until 3 years from effective date of the adoption of the final-form regulations for the Uniform Construction Code. To engage in plan review or inspection of one-family or two-family dwelling units after 3 years from effective date of adoption of the final-form regulations for the Uniform Construction Code, a current code administrator shall meet the certification and training requirements of this chapter.
(b) A current code administrator engaged in plan review or inspection of other buildings and structures that are not one-family or two-family residential structures may continue to engage in these activities without meeting the training and certification requirements of this chapter until 5 years from effective date of adoption of the final-form regulations for the Uniform Construction Code. To engage in plan review and inspection of other buildings and structures after 5 years from the effective date of adoption of the final-form regulations for the Uniform Construction Code, a current code administrator shall meet the training and certification requirements of this chapter.
(c) A current code administrator shall register with the Department by submitting a completed Department-provided form and furnishing required documentation. Documentation is to consist of an affidavit completed by the employer responsible for oversight of the current code administrator's activities and an affidavit completed by the current code administrator containing a description of the current code administrator's duties, employment and length of employment.
(d) The Department will issue an identification card to a current code administrator who meets the requirements of this section, completes a Department-provided form and pays the required fee under § 401.2 (relating to Department fees).
(e) The identification card will expire as registration on the date that the current code administrator must meet the training and certification requirements of this chapter.
(f) A current code administrator shall notify the Department in writing if the identification card is lost or destroyed. The Department will charge a required fee for issuance of a new identification card under § 401.2.
(g) A current code administrator is not required to obtain a new registration for a change of employer.
(h) A current code administrator may not approve plans or perform inspections relating to accessibility requirements without being currently certified by the Department as an accessibility inspector/plans examiner.
§ 401.16. Change of address or employer.
A certification or registration holder shall notify the Department of any change of mailing address or employer within 30 days.
[Pa.B. Doc. No. 02-568. Filed for public inspection April 12, 2002, 9:00 a.m.]
