PRIOR PRINTER'S NOS. 1841, 1972 PRINTER'S NO. 2312
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, ZUG, DENLINGER AND McILHINNEY, MAY 3, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 22, 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 UNCERTIFIED 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 "INDUSTRIAL BOARD." THE INDUSTRIAL BOARD UNDER SECTIONS 445 <-- 10 AND 2214 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS 11 THE ADMINISTRATIVE CODE OF 1929, WHICH HEARS REQUESTS FOR 12 VARIANCES AND EXTENSIONS OF TIME AND APPEALS OF DECISIONS OF THE 13 DEPARTMENT OF LABOR AND INDUSTRY UNDER THE UNIFORM CONSTRUCTION 14 CODE. 15 * * * 16 "UNCERTIFIED BUILDING." AN EXISTING BUILDING WHICH, PRIOR TO 17 APRIL 9, 2004, WAS NOT APPROVED FOR USE AND OCCUPANCY BY THE 18 DEPARTMENT OF LABOR AND INDUSTRY OR A MUNICIPALITY WHICH WAS 19 ENFORCING A BUILDING CODE. THE TERM DOES NOT INCLUDE A 20 RESIDENTIAL BUILDING. 21 * * * 22 Section 2. The act is amended by adding sections to read: <-- 23 Section 902.1. Applicability to certain buildings. 24 An existing building which did not have a certificate of 25 occupancy prior to April 10, 2004, shall be treated as an 26 existing building under Chapter 3. The following apply: 27 (1) A building under this section shall be issued an 28 occupancy permit under this act if all of the following 29 apply: 30 (i) The entire building meets the requirements of 20050H1507B2312 - 2 -
1 Chapter 3 for fire protection systems and means of 2 egress. 3 (ii) The building is not unsafe, unsanitary or 4 judged to be a fire hazard or dangerous to human life or 5 public welfare. 6 (2) For a building under this section, a code 7 administrator shall not require changes which are technically 8 infeasible for the purpose of meeting means of egress 9 requirements. 10 (3) A code administrator shall construe this section 11 liberally to allow a property owner to maintain occupancy of 12 a building under this section. 13 Section 902.2. Buildings without occupancy certificates. 14 (a) Liability.-- 15 (1) A municipality shall not be liable for civil damages 16 as a result of its act or omission in permitting the 17 occupancy of a building which did not, prior to April 10, 18 2004, have a certificate of occupancy. 19 (2) The Commonwealth shall indemnify and hold harmless 20 all of the following for claims or actions referred to in 21 paragraph (1): 22 (i) A municipality. 23 (ii) An elected or appointed municipal official. 24 (iii) A municipal employee or agent. 25 (iv) A municipal volunteer. 26 (b) Waiver of immunity.--Nothing in this section shall be 27 deemed a waiver of sovereign immunity under 42 Pa.C.S. Ch. 85 28 Subch. B (relating to actions against Commonwealth parties) or C 29 (relating to actions against local parties). 30 SECTION 2. SECTION 902 OF THE ACT IS AMENDED TO READ: <-- 20050H1507B2312 - 3 -
1 SECTION 902. APPLICABILITY TO [HISTORIC] CERTAIN BUILDINGS[, 2 STRUCTURES AND SITES]. 3 (A) HISTORIC BUILDINGS, STRUCTURES AND SITES.--THE 4 PROVISIONS OF THE 1999 BOCA NATIONAL BUILDING CODE, FOURTEENTH 5 EDITION, RELATING TO THE CONSTRUCTION, REPAIR, ALTERATION, 6 ADDITION, RESTORATION AND MOVEMENT OF STRUCTURES SHALL NOT APPLY 7 TO EXISTING BUILDINGS AND STRUCTURES, OR NEW BUILDINGS AND 8 STRUCTURES NOT INTENDED FOR RESIDENTIAL USE ON HISTORIC SITES, 9 THAT ARE IDENTIFIED AND CLASSIFIED BY THE FEDERAL, STATE OR 10 LOCAL GOVERNMENT AUTHORITY AS HISTORIC BUILDINGS OR SITES WHERE 11 SUCH BUILDINGS AND STRUCTURES ARE JUDGED BY THE CODE OFFICIAL TO 12 BE SAFE AND IN THE INTEREST OF PUBLIC HEALTH, SAFETY AND 13 WELFARE. 14 (B) UNCERTIFIED BUILDINGS.--SUBJECT TO SUBSECTION (C), ALL 15 OF THE FOLLOWING APPLY: 16 (1) A CONSTRUCTION CODE OFFICIAL SHALL ISSUE A 17 CERTIFICATE OF OCCUPANCY TO AN UNCERTIFIED BUILDING IF THAT 18 BUILDING MEETS THE REQUIREMENTS OF THIS SUBSECTION, UNLESS 19 THE OFFICIAL DEEMS THE BUILDING TO BE UNSAFE BECAUSE OF 20 INADEQUATE MEANS OF EGRESS, INADEQUATE LIGHT AND VENTILATION, 21 FIRE HAZARDS OR OTHER DANGERS TO HUMAN LIFE OR TO PUBLIC 22 WELFARE. 23 (2) AN UNCERTIFIED BUILDING SHALL COMPLY WITH THE 24 FOLLOWING: 25 (I) MEANS OF EGRESS REQUIREMENTS OF THE 26 INTERNATIONAL BUILDING CODE PERTAINING TO MINIMUM NUMBER 27 OF EXITS, MAXIMUM TRAVEL DISTANCES TO EXITS, MEANS OF 28 EGRESS ILLUMINATION, MINIMUM EGRESS WIDTHS AND HEIGHTS 29 FOR EXIT DOORS, EXIT STAIRS, EXIT RAMPS AND EXIT 30 CORRIDORS. WAIVERS SHALL BE AS FOLLOWS: 20050H1507B2312 - 4 -
1 (A) A CONSTRUCTION CODE OFFICIAL MAY WAIVE 2 REQUIREMENTS FOR MINIMUM EGRESS WIDTHS AND HEIGHTS 3 FOR EXITS, EXIT ACCESS DOORS, EXIT RAMPS AND EXIT 4 CORRIDORS IF THE CONSTRUCTION CODE OFFICIAL 5 DETERMINES THAT ANY NONCONFORMING OPENINGS PROVIDE 6 SUFFICIENT WIDTH AND HEIGHT FOR BUILDING OCCUPANTS TO 7 PASS THROUGH OR EGRESS THE BUILDING. 8 (B) A CONSTRUCTION CODE OFFICIAL MAY WAIVE ANY 9 REQUIREMENTS UNDER THIS SUBPARAGRAPH IF: 10 (I) THE CONSTRUCTION CODE OFFICIAL 11 DETERMINES A REQUIREMENT TO BE TECHNICALLY 12 INFEASIBLE; OR 13 (II) THE BUILDING OWNER DEMONSTRATES THAT 14 THE BUILDING MET THE APPLICABLE EGRESS 15 REQUIREMENTS WHICH EXISTED UNDER THE ACT OF APRIL 16 27, 1927 (P.L.465, NO.299), REFERRED TO AS THE 17 FIRE AND PANIC ACT. 18 (C) A WAIVER SHALL BE DOCUMENTED ON THE 19 CERTIFICATE OF OCCUPANCY. 20 (II) FIRE SAFETY REQUIREMENTS OF THE INTERNATIONAL 21 BUILDING CODE WITH RESPECT TO FIRE ALARMS, FIRE 22 EXTINGUISHERS, HEAT AND SMOKE DETECTORS AND AUTOMATIC 23 SPRINKLER SYSTEMS. IF THE CODE REQUIRES THAT A BUILDING 24 HAVE AUTOMATIC SPRINKLER SYSTEMS, THE ONLY BUILDINGS 25 REQUIRED TO INSTALL AUTOMATIC SPRINKLER SYSTEMS SHALL BE 26 THOSE BUILDINGS CLASSIFIED IN USE GROUPS E (EDUCATIONAL), 27 H (HIGH-HAZARD), I (INSTITUTIONAL), R-1 OR R-2 28 (RESIDENTIAL) AND THOSE BUILDINGS WHICH HAVE OCCUPIED 29 FLOORS MORE THAN 75 FEET ABOVE LOWEST LEVEL OF FIRE 30 DEPARTMENT ACCESS. BUILDINGS IN USE GROUPS R-1 AND R-2 20050H1507B2312 - 5 -
1 WHICH DO NOT HAVE OCCUPIED FLOORS MORE THAN 75 FEET ABOVE 2 LOWEST LEVEL OF FIRE DEPARTMENT ACCESS MAY, INSTEAD OF 3 INSTALLING AUTOMATIC SPRINKLER SYSTEMS, INSTALL HARD- 4 WIRED INTERCONNECTED HEAT AND SMOKE DETECTORS LOCATED IN 5 ALL LOBBIES, CORRIDORS, EQUIPMENT ROOMS, STORAGE ROOMS 6 AND OTHER SPACES THAT ARE NOT NORMALLY OCCUPIED. IF 7 CONSTRUCTION BEGAN ON A BUILDING PRIOR TO MAY 19, 1984, 8 THERE IS NO REQUIREMENT FOR THE INSTALLATION OF AUTOMATIC 9 SPRINKLER SYSTEMS UNDER THIS SUBPARAGRAPH. IF 10 CONSTRUCTION OF A BUILDING BEGAN AFTER MAY 18, 1984, 11 AUTOMATIC SPRINKLER INSTALLATION REQUIRED UNDER THIS 12 SUBPARAGRAPH SHALL BE COMPLETED WITHIN FIVE YEARS OF THE 13 EFFECTIVE DATE OF THIS SUBSECTION; OR AN OCCUPANCY PERMIT 14 ISSUED UNDER THIS SUBSECTION SHALL BE INVALID. WAIVERS 15 SHALL BE AS FOLLOWS: 16 (A) A CONSTRUCTION CODE OFFICIAL MAY WAIVE ANY 17 REQUIREMENTS UNDER THIS SUBPARAGRAPH IF: 18 (I) THE CONSTRUCTION CODE OFFICIAL 19 DETERMINES A REQUIREMENT TO BE TECHNICALLY 20 INFEASIBLE; OR 21 (II) THE BUILDING OWNER DEMONSTRATES THAT 22 THE BUILDING MET THE APPLICABLE FIRE SAFETY 23 REQUIREMENTS WHICH EXISTED UNDER THE FIRE AND 24 PANIC ACT. 25 (B) A WAIVER SHALL BE DOCUMENTED ON THE 26 CERTIFICATE OF OCCUPANCY. 27 (III) ACCESSIBILITY REQUIREMENTS AS FOLLOWS: 28 (A) IF CONSTRUCTION OF A BUILDING BEGAN BEFORE 29 SEPTEMBER 1, 1965, NO ACCESSIBILITY REQUIREMENTS 30 SHALL BE IMPOSED. 20050H1507B2312 - 6 -
1 (B) IF CONSTRUCTION OF A BUILDING BEGAN AFTER 2 AUGUST 31, 1965, AND BEFORE FEBRUARY 18, 1989, AND IF 3 THE BUILDING WAS SUBJECT TO THE REQUIREMENTS OF THE 4 FORMER ACT OF SEPTEMBER 1, 1965 (P.L.459, NO.235), 5 ENTITLED, "AN ACT REQUIRING THAT CERTAIN BUILDINGS 6 AND FACILITIES ADHERE TO CERTAIN PRINCIPLES, 7 STANDARDS AND SPECIFICATIONS TO MAKE THE SAME 8 ACCESSIBLE TO AND USABLE BY PERSONS WITH PHYSICAL 9 HANDICAPS, AND PROVIDING FOR ENFORCEMENT," IT SHALL 10 HAVE: 11 (I) AT LEAST ONE ACCESSIBLE ENTRANCE; 12 (II) AN ACCESSIBLE ROUTE FROM THE ACCESSIBLE 13 ENTRANCE TO ANY PUBLIC SPACES ON THE SAME LEVEL 14 AS THE ACCESSIBLE ENTRANCE; AND 15 (III) IF TOILET ROOMS ARE PROVIDED, AT LEAST 16 ONE ACCESSIBLE TOILET ROOM FOR EACH SEX OR A 17 UNISEX TOILET ROOM, COMPLYING WITH THE 18 ACCESSIBILITY REQUIREMENTS OF THE INTERNATIONAL 19 BUILDING CODE. 20 (C) IF CONSTRUCTION OF THE BUILDING BEGAN AFTER 21 FEBRUARY 17, 1989, ALL ACCESSIBILITY REQUIREMENTS OF 22 THE INTERNATIONAL BUILDING CODE SHALL BE MET. 23 (3) STRUCTURAL REQUIREMENTS SHALL NOT BE IMPOSED, UNLESS 24 A CONSTRUCTION CODE OFFICIAL DETERMINES THAT THE BUILDING OR 25 A PORTION OF THE BUILDING HAS DEFECTS WHICH ARE DANGEROUS AS 26 DEFINED IN THE INTERNATIONAL EXISTING BUILDING CODE. A 27 CONSTRUCTION CODE OFFICIAL MAY IMPOSE ONLY THOSE REQUIREMENTS 28 MINIMALLY NECESSARY TO REMOVE ANY DANGER TO THE BUILDING'S 29 OCCUPANTS. 30 (4) A BUILDING OWNER MAY FILE AN APPLICATION FOR A 20050H1507B2312 - 7 -
1 VARIANCE FROM THIS SUBSECTION CONCERNING ACCESSIBILITY WITH 2 THE ADVISORY BOARD UNDER SECTION 106. A BUILDING OWNER MAY 3 FILE AN APPLICATION FOR A VARIANCE FROM THIS SUBSECTION 4 CONCERNING OTHER STANDARDS AS FOLLOWS: 5 (I) THE APPLICATION MUST BE FILED WITH THE BOARD OF 6 APPEALS IF THE BUILDING IS IN A MUNICIPALITY WHICH 7 ELECTED TO ENFORCE THIS ACT. 8 (II) THE APPLICATION MUST BE FILED WITH THE 9 INDUSTRIAL BOARD IF ANY OF THE FOLLOWING APPLY: 10 (A) THE BUILDING IS LOCATED IN A MUNICIPALITY 11 WHICH ELECTED NOT TO ENFORCE THIS ACT. 12 (B) THE BUILDING IS A STATE-OWNED BUILDING. AS 13 USED IN THIS CLAUSE, THE TERM "STATE-OWNED BUILDING" 14 MEANS A BUILDING OWNED OR CONSTRUCTED FOR 15 COMMONWEALTH ENTITIES, CONSISTING OF THE GENERAL 16 ASSEMBLY; THE UNIFIED JUDICIAL SYSTEM; THE 17 PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY; AN 18 EXECUTIVE AGENCY; AN INDEPENDENT AGENCY; AND A STATE- 19 AFFILIATED ENTITY OR STATE-RELATED INSTITUTION, AS 20 DEFINED IN 62 PA.C.S. § 103 (RELATING TO 21 DEFINITIONS). 22 (5) A MUNICIPALITY, AN OFFICIAL OR EMPLOYEE OF A 23 MUNICIPALITY, AND A THIRD PARTY ACTING ON BEHALF OF A 24 MUNICIPALITY SHALL NOT BE LIABLE FOR CIVIL DAMAGES AS A 25 RESULT OF ITS ACT OR OMISSION IN PERMITTING THE OCCUPANCY OF 26 A BUILDING UNDER THIS SUBSECTION. 27 (6) A BUILDING SUBJECT TO THIS SUBSECTION SHALL BE 28 PERMITTED TO MAINTAIN ITS CURRENT OCCUPANCY AS LONG AS THE 29 OWNER DEMONSTRATES REASONABLE EFFORTS TO COMPLY WITH THIS 30 SUBSECTION. 20050H1507B2312 - 8 -
1 (7) AN UNCERTIFIED BUILDING WHICH WAS BUILT BEFORE APRIL 2 27, 1927, SHALL BE DEEMED A CERTIFIED BUILDING FOR PURPOSES 3 OF THIS ACT. 4 (C) APPLICABILITY OF UNIFORM CONSTRUCTION CODE.--NOTHING IN 5 SUBSECTION (B) SHALL BE CONSTRUED AS TO AFFECT APPLICABILITY OF 6 CHAPTER 3 IF A BUILDING IS SUBJECT TO RENOVATION, ADDITIONS, 7 ALTERATIONS OR A CHANGE IN USE OR OCCUPANCY. 8 Section 3. This act shall take effect immediately. D12L35VDL/20050H1507B2312 - 9 -