SENATE AMENDED PRIOR PRINTER'S NOS. 2104, 2816, 3184, PRINTER'S NO. 3305 3234
No. 1654 Session of 2003
INTRODUCED BY McNAUGHTON, BARRAR, BUXTON, COSTA, FAIRCHILD, GODSHALL, HARHAI, HORSEY, McILHATTAN, MYERS AND WATERS, JUNE 18, 2003
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, FEBRUARY 9, 2004
AN ACT 1 Providing for funding for an education and training program for <-- 2 municipal inspectors CODE OFFICIALS; ESTABLISHING THE <-- 3 MUNICIPAL INSPECTOR CODE OFFICIAL TRAINING ACCOUNT; PROVIDING <-- 4 FOR EXPENDITURES FROM THE ACCOUNT; and making repeals. 5 AMENDING THE ACT OF NOVEMBER 10, 1999 (P.L.491, NO.45), ENTITLED <-- 6 "AN ACT ESTABLISHING A UNIFORM CONSTRUCTION CODE; IMPOSING 7 POWERS AND DUTIES ON MUNICIPALITIES AND THE DEPARTMENT OF 8 LABOR AND INDUSTRY; PROVIDING FOR ENFORCEMENT; IMPOSING 9 PENALTIES; AND MAKING REPEALS," FURTHER PROVIDING FOR 10 REGULATIONS, FOR REVISED OR SUCCESSOR CODES AND FOR 11 ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR FUNDING FOR AN 12 EDUCATION AND TRAINING PROGRAM FOR MUNICIPAL CODE OFFICIALS 13 AND CERTAIN INDIVIDUALS EMPLOYED BY THIRD-PARTY AGENCIES; 14 ESTABLISHING THE MUNICIPAL CODE OFFICIAL TRAINING ACCOUNT; 15 AND PROVIDING FOR EXPENDITURES FROM THE ACCOUNT. 16 The General Assembly of the Commonwealth of Pennsylvania 17 hereby enacts as follows: 18 Section 1. Short title. <-- 19 This act shall be known and may be cited as the UNIFORM <-- 20 CONSTRUCTION CODE Municipal Inspector Education and Training <-- 21 Program Act. 22 Section 2. Definitions. 23 The following words and phrases when used in this act shall
1 have the meanings given to them in this section unless the 2 context clearly indicates otherwise: 3 "Department." The Department of Community and Economic 4 Development of the Commonwealth. 5 "MUNICIPAL CODE OFFICIAL." AN INDIVIDUAL EMPLOYED BY A <-- 6 MUNICIPALITY OR A THIRD PARTY AGENCY UNDER CONTRACT TO A 7 MUNICIPALITY THAT IS OR WILL BE CERTIFIED BY THE DEPARTMENT OF 8 LABOR AND INDUSTRY UNDER THE ACT OF NOVEMBER 10, 1999 (P.L.491, 9 NO.45), KNOWN AS THE PENNSYLVANIA CONSTRUCTION CODE ACT, TO 10 PERFORM PLAN REVIEW OF CONSTRUCTION DOCUMENTS, INSPECT 11 CONSTRUCTION OR ADMINISTER AND ENFORCE CODES AND REGULATIONS 12 UNDER THE PENNSYLVANIA CONSTRUCTION CODE ACT OR RELATED ACTS. 13 "Pennsylvania Construction Code Act." The act of November 14 10, 1999 (P.L.491, No.45), known as the Pennsylvania 15 Construction Code Act. 16 Section 3. Education and training fee PROGRAM. <-- 17 (a) Fee.--Municipalities administering and enforcing the 18 Uniform Construction Code under section 501(a) of the 19 Pennsylvania Construction Code Act and third party agencies 20 providing services under section 501(e) of the Pennsylvania 21 Construction Code Act shall assess a fee of $2 on each 22 construction or building permit issued under the authority of 23 the Pennsylvania Construction Code Act. This fee shall be in 24 addition to any other fee imposed for the permit. 25 (b) Education and training programs.--The money collected as <-- 26 authorized under subsection (a) shall be transmitted quarterly 27 to the Governor's Center for Local Government Services in the 28 department and deposited in a nonlapsing restricted account 29 which shall be known as the Municipal Inspector Training Fund to 30 support the Pennsylvania Construction Codes Academy for 20030H1654B3305 - 2 -
1 education and training programs for municipal inspectors. 2 (B) MUNICIPAL INSPECTOR CODE OFFICIAL TRAINING ACCOUNT.-- <-- 3 THERE IS HEREBY ESTABLISHED IN THE STATE TREASURY A RESTRICTED 4 ACCOUNT WHICH SHALL BE KNOWN AS THE MUNICIPAL INSPECTOR CODE <-- 5 OFFICIAL TRAINING ACCOUNT. 6 (C) DEPOSIT.--MONEYS COLLECTED AS AUTHORIZED UNDER 7 SUBSECTION (A) SHALL BE TRANSMITTED QUARTERLY TO THE STATE 8 TREASURY AND SHALL BE DEPOSITED IN THE ACCOUNT. MONEYS SO 9 DEPOSITED ARE HEREBY APPROPRIATED ON APPROVAL OF THE GOVERNOR TO 10 THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE 11 PURPOSES PURPOSE OF EDUCATION AND TRAINING PROGRAMS FOR <-- 12 MUNICIPAL INSPECTORS. CODE OFFICIALS PROVIDED BY THE <-- 13 PENNSYLVANIA CONSTRUCTION CODES ACADEMY. 14 Section 4. Repeals. 15 (a) Absolute.--As much as reads "which provisions shall 16 continue in effect until December 31, 2003," in section 17 301(a)(6) of the act of November 10, 1999 (P.L.491, No.45), 18 known as the Pennsylvania Construction Code Act, is repealed. 19 (b) Inconsistent.--The act of November 10, 1999 (P.L.491, 20 No.45), known as the Pennsylvania Construction Code Act, is 21 repealed insofar as it is inconsistent with this act. 22 Section 5. Effective date. 23 This act shall take effect 90 days following publication of 24 notice in the Pennsylvania Bulletin that the regulations 25 implementing the Pennsylvania Construction Code Act have been 26 finally adopted. 27 SECTION 1. SECTIONS 301(A)(6), 304(A) AND 501(A) OF THE ACT <-- 28 OF NOVEMBER 10, 1999 (P.L.491, NO.45), KNOWN AS THE PENNSYLVANIA 29 CONSTRUCTION CODE ACT, ARE AMENDED TO READ: 30 SECTION 301. ADOPTION BY REGULATIONS. 20030H1654B3305 - 3 -
1 (A) REGULATIONS.-- 2 * * * 3 (6) THE REGULATIONS SHALL INCLUDE THE PROVISIONS OF 4 EXCEPTION 8 TO SECTION 1014.6 (RELATIVE TO STAIRWAY TREADS 5 AND RISERS) OF THE 1993 BOCA NATIONAL BUILDING CODE, TWELFTH 6 EDITION, AND THE PROVISIONS OF SECTION R-213.1 (RELATIVE TO 7 STAIRWAYS) OF THE CABO ONE AND TWO FAMILY DWELLING CODE, 1992 8 EDITION, [WHICH PROVISIONS SHALL CONTINUE IN EFFECT UNTIL 9 DECEMBER 31, 2003,] AND SUCH PROVISIONS SHALL BE APPLICABLE 10 NOTWITHSTANDING SECTION 303(B), WHICH SHALL NOT APPLY TO THE 11 PROVISIONS OF ANY MUNICIPAL BUILDING CODE ORDINANCE WHICH 12 EQUALS OR EXCEEDS THESE PROVISIONS. 13 * * * 14 SECTION 304. REVISED OR SUCCESSOR CODES. 15 (A) BUILDING CODE.-- 16 (1) [BY] SUBJECT TO SECTIONS 105(C) AND (D), 301(A)(3), 17 (4), (5), (6) AND (7), (C) AND (D) AND 302, BY DECEMBER 31 OF 18 THE YEAR OF THE ISSUANCE OF A NEW TRIENNIAL BOCA NATIONAL 19 BUILDING CODE, OR ITS SUCCESSOR BUILDING CODE, THE DEPARTMENT 20 SHALL PROMULGATE REGULATIONS ADOPTING THE NEW CODE AS THE 21 UNIFORM CONSTRUCTION CODE. 22 (2) [BY] SUBJECT TO SECTIONS 105(C) AND (D), 301(A)(3), 23 (4), (5), (6) AND (7), (C) AND (D) AND 302, BY DECEMBER 31 OF 24 THE YEAR OF ISSUANCE OF A NEW TRIENNIAL ICC INTERNATIONAL ONE 25 AND TWO FAMILY DWELLING CODE, OR ITS SUCCESSOR BUILDING CODE, 26 THE DEPARTMENT SHALL PROMULGATE REGULATIONS PROVIDING THAT 27 ALL DETACHED ONE-FAMILY AND TWO-FAMILY DWELLINGS AND ONE- 28 FAMILY TOWNHOUSES THAT ARE NOT MORE THAN THREE STORIES IN 29 HEIGHT AND THEIR ACCESSORY STRUCTURES MAY BE DESIGNED IN 30 ACCORDANCE WITH THAT CODE OR THE UNIFORM CONSTRUCTION CODE AT 20030H1654B3305 - 4 -
1 THE OPTION OF THE BUILDING PERMIT APPLICANT. 2 * * * 3 SECTION 501. ADMINISTRATION AND ENFORCEMENT. 4 (A) ADOPTION OF ORDINANCE.-- 5 (1) IN ORDER TO ADMINISTER AND ENFORCE THE PROVISIONS OF 6 THIS ACT, MUNICIPALITIES SHALL ENACT AN ORDINANCE 7 CONCURRENTLY ADOPTING THE CURRENT UNIFORM CONSTRUCTION CODE 8 AS THEIR MUNICIPAL BUILDING CODE AND THE CURRENT 9 INTERNATIONAL FUEL GAS CODE [FOR THE PURPOSES DESCRIBED IN 10 SECTION 302(A)]. MUNICIPALITIES MAY ADOPT THE UNIFORM 11 CONSTRUCTION CODE AND INCORPORATED CODES AND THE 12 INTERNATIONAL FUEL GAS CODE BY REFERENCE. 13 (2) MUNICIPALITIES SHALL HAVE 90 DAYS AFTER THE 14 [EFFECTIVE DATE OF THIS ACT] PROMULGATION OF REGULATIONS 15 UNDER SECTION 301 OR 304 TO ADOPT SUCH AN ORDINANCE. 16 MUNICIPALITIES SHALL NOTIFY THE DEPARTMENT OF THE ADOPTION OF 17 SUCH AN ORDINANCE WITHIN 30 DAYS. A MUNICIPALITY MAY ADOPT 18 SUCH AN ORDINANCE AT ANY TIME THEREAFTER, UPON GIVING THE 19 DEPARTMENT 180 DAYS' NOTICE OF ITS INTENTION TO ADOPT SUCH 20 ORDINANCE. 21 * * * 22 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ: 23 SECTION 703. EDUCATION AND TRAINING PROGRAM. 24 (A) FEE.--MUNICIPALITIES ADMINISTERING AND ENFORCING THIS 25 ACT UNDER SECTION 501(A) AND THIRD-PARTY AGENCIES PROVIDING 26 SERVICES UNDER SECTION 501(E) SHALL ASSESS A FEE OF $2 ON EACH 27 CONSTRUCTION OR BUILDING PERMIT ISSUED UNDER THE AUTHORITY OF 28 THIS ACT. THE FEE SHALL BE IN ADDITION TO ANY OTHER FEE IMPOSED 29 FOR THE PERMIT. 30 (B) MUNICIPAL CODE OFFICIAL TRAINING ACCOUNT.--THERE IS 20030H1654B3305 - 5 -
1 HEREBY ESTABLISHED WITHIN THE STATE TREASURY A RESTRICTED 2 ACCOUNT WHICH SHALL BE KNOWN AS THE MUNICIPAL CODE OFFICIAL 3 TRAINING ACCOUNT. 4 (C) DEPOSIT.--MONEYS COLLECTED AS AUTHORIZED UNDER 5 SUBSECTION (A) SHALL BE TRANSMITTED QUARTERLY TO THE STATE 6 TREASURY AND SHALL BE DEPOSITED IN THE ACCOUNT. MONEYS SO 7 DEPOSITED ARE HEREBY APPROPRIATED ON APPROVAL OF THE GOVERNOR TO 8 THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE 9 PURPOSE OF EDUCATION AND TRAINING PROGRAMS PROVIDED BY THE 10 PENNSYLVANIA CONSTRUCTION CODES ACADEMY FOR MUNICIPAL CODE 11 OFFICIALS AND INDIVIDUALS EMPLOYED BY THIRD-PARTY AGENCIES UNDER 12 CONTRACT TO A MUNICIPALITY. 13 SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. E16L35BIL/20030H1654B3305 - 6 -