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
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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.
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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
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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
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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.
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