PRIOR PRINTER'S NO. 1841 PRINTER'S NO. 1972
No. 1507 Session of 2005
INTRODUCED BY WILT, ALLEN, ARMSTRONG, BAKER, CAUSER, CREIGHTON,
FAIRCHILD, GEORGE, HALUSKA, LEH, McILHATTAN, PICKETT, SHANER,
S. H. SMITH, STERN, R. STEVENSON, T. STEVENSON, SURRA AND
ZUG, MAY 3, 2005
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 11, 2005
AN ACT
1 Amending the act of November 10, 1999 (P.L.491, No.45), entitled
2 "An act establishing a uniform construction code; imposing
3 powers and duties on municipalities and the Department of
4 Labor and Industry; providing for enforcement; imposing
5 penalties; and making repeals," further providing for
6 definitions; and providing for applicability AND FOR <--
7 LIABILITY ON CERTAIN UNCERTIFICATED BUILDINGS.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 103 of the act of November 10, 1999
11 (P.L.491, No.45), known as the Pennsylvania Construction Code
12 Act, is amended by adding definitions to read:
13 Section 103. Definitions.
14 The following words and phrases when used in this act shall
15 have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 * * *
18 "Fire protection system." Approved devices, equipment and
19 systems or combinations of systems used to detect a fire,
1 activate an alarm, extinguish or control a fire or control or
2 manage smoke and products of a fire.
3 * * *
4 "Means of egress." A continuous and unobstructed path of
5 vertical and horizontal egress travel from any occupied portion
6 of a building or structure to a public way. A means of egress
7 consists of three separate and distinct parts: the exit access,
8 the exit and the exit discharge.
9 * * *
10 Section 2. The act is amended by adding a section SECTIONS <--
11 to read:
12 Section 902.1. Applicability to certain buildings.
13 An existing building which did not have a certificate of
14 occupancy prior to April 10, 2004, shall be treated as an
15 existing building under Chapter 3. The following apply:
16 (1) A building under this section shall be issued an
17 occupancy permit under this act if all of the following
18 apply:
19 (i) The entire building meets the requirements of
20 Chapter 3 for fire protection systems and means of
21 egress.
22 (ii) The building is not unsafe, unsanitary or
23 judged to be a fire hazard or dangerous to human life or
24 public welfare.
25 (2) For a building under this section, a code
26 administrator shall not require changes which are technically
27 infeasible for the purpose of meeting means of egress
28 requirements.
29 (3) A code administrator shall construe this section
30 liberally to allow a property owner to maintain occupancy of
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1 a building under this section.
2 SECTION 902.2. BUILDINGS WITHOUT OCCUPANCY CERTIFICATES. <--
3 (A) LIABILITY.--
4 (1) A MUNICIPALITY SHALL NOT BE LIABLE FOR CIVIL DAMAGES
5 AS A RESULT OF ITS ACT OR OMISSION IN PERMITTING THE
6 OCCUPANCY OF A BUILDING WHICH DID NOT, PRIOR TO APRIL 10,
7 2004, HAVE A CERTIFICATE OF OCCUPANCY.
8 (2) THE COMMONWEALTH SHALL INDEMNIFY AND HOLD HARMLESS
9 ALL OF THE FOLLOWING FOR CLAIMS OR ACTIONS REFERRED TO IN
10 PARAGRAPH (1):
11 (I) A MUNICIPALITY.
12 (II) AN ELECTED OR APPOINTED MUNICIPAL OFFICIAL.
13 (III) A MUNICIPAL EMPLOYEE OR AGENT.
14 (IV) A MUNICIPAL VOLUNTEER.
15 (B) WAIVER OF IMMUNITY.--NOTHING IN THIS SECTION SHALL BE
16 DEEMED A WAIVER OF SOVEREIGN IMMUNITY UNDER 42 PA.C.S. CH. 85
17 SUBCH. B (RELATING TO ACTIONS AGAINST COMMONWEALTH PARTIES) OR C
18 (RELATING TO ACTIONS AGAINST LOCAL PARTIES).
19 Section 3. This act shall take effect immediately.
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