PRIOR PRINTER'S NOS. 1437, 1716, 1828 PRINTER'S NO. 1953
No. 1046 Session of 2006
INTRODUCED BY MELLOW, O'PAKE, COSTA, LAVALLE, FONTANA,
C. WILLIAMS, STACK, RAFFERTY, PILEGGI, ORIE, LEMMOND AND
KITCHEN, JANUARY 3, 2006
AS AMENDED ON THIRD CONSIDERATION, JUNE 27, 2006
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 adoption by regulations, FOR TRAINING OF INSPECTORS AND FOR <--
7 EXEMPTIONS.
8 It is the intention of the General Assembly that this law be
9 referred to as Nicholas' Law.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 301(a) of the act of November 10, 1999
13 (P.L.491, No.45), known as the Pennsylvania Construction Code
14 Act, is amended by adding a paragraph to read:
15 Section 301. Adoption by regulations.
16 (a) Regulations.--
17 * * *
18 (10) The regulations shall require an owner or lessee of
19 a residential swimming pool, hot tub or spa to: <--
20 (i) secure the structure with a barrier that has a
1 locking device to prevent access to the structure when it
2 is not in use; and
3 (ii) utilize the locking device when the pool, hot <--
4 tub or spa is not in use.
5 For purposes of this paragraph, the term "in use" shall
6 include activities occurring within the vicinity of the pool,
7 and a "locking device" may include those that are considered
8 child safety locks or latches which prevent a small child
9 from gaining access to the pool.
10 * * *
11 Section 2. This act shall take effect in 60 days. <--
12 SECTION 2. SECTIONS 701(B) AND 901(B) OF THE ACT, AMENDED <--
13 JULY 15, 2004 (P.L.748, NO.92), ARE AMENDED TO READ:
14 SECTION 701. TRAINING OF INSPECTORS.
15 * * *
16 (B) CATEGORIES OF INSPECTORS.--
17 (1) THE DEPARTMENT, IN CONSULTATION WITH BOCA AND OTHER
18 INTERESTED PARTIES, SHALL ESTABLISH APPROPRIATE CATEGORIES OF
19 CODE ADMINISTRATORS.
20 (2) A CODE ADMINISTRATOR MAY ACT IN PLACE OF A LUMBER
21 GRADING OR INSPECTION AGENCY TO SATISFY THE REQUIREMENT SET
22 FORTH UNDER SECTION 2303.1.1 OF THE 2003 INTERNATIONAL
23 BUILDING CODE OR ITS SUCCESSOR CODE OR SECTION R404.2.1,
24 R502.1, R602.1 OR R802.1 OF THE 2003 INTERNATIONAL
25 RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS OR ITS
26 SUCCESSOR CODE.
27 * * *
28 SECTION 901. EXEMPTIONS.
29 * * *
30 (B) RELIGIOUS BELIEFS.--
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1 (1) AN APPLICANT FOR A CONSTRUCTION PERMIT FOR A
2 DWELLING UNIT OR ONE-ROOM SCHOOLHOUSE UTILIZED BY A MEMBER OR
3 MEMBERS OF A RECOGNIZED RELIGIOUS SECT MAY FILE AN
4 APPLICATION WITH A CODE ADMINISTRATOR TO BE EXEMPTED FROM [AN
5 ELECTRICAL PROVISION OF] THE UNIFORM CONSTRUCTION CODE, AS
6 PROVIDED IN THIS SUBSECTION, WHICH CONFLICTS WITH THE
7 APPLICANT'S RELIGIOUS BELIEFS. THE APPLICATION SHALL STATE
8 THE MANNER IN WHICH THE PROVISION CONFLICTS WITH THE
9 APPLICANT'S RELIGIOUS BELIEFS AND SHALL INCLUDE AN AFFIDAVIT
10 BY THE APPLICANT STATING THAT:
11 (I) THE APPLICANT IS A MEMBER OF A RECOGNIZED
12 RELIGIOUS SECT;
13 (II) THE RELIGIOUS SECT HAS ESTABLISHED TENETS OR
14 TEACHINGS WHICH CONFLICT WITH:
15 (A) AN ELECTRICAL PROVISION OF THE UNIFORM
16 CONSTRUCTION CODE;
17 (B) A LUMBER OR WOOD PROVISION, NOT RELATING TO
18 PRESSURE TREATMENT, OF THE UNIFORM CONSTRUCTION CODE.
19 (III) THE APPLICANT ADHERES TO THE ESTABLISHED
20 TENETS OR TEACHINGS OF THE SECT;
21 (IV) IN THE CASE OF A DWELLING UNIT, THE DWELLING
22 UNIT WILL BE USED SOLELY AS A RESIDENCE FOR THE APPLICANT
23 AND THE APPLICANT'S HOUSEHOLD; AND
24 (V) IN THE CASE OF A ONE-ROOM SCHOOLHOUSE, THE ONE-
25 ROOM SCHOOLHOUSE WILL BE USED SOLELY BY MEMBERS OF THE
26 RELIGIOUS SECT.
27 (2) A CODE ADMINISTRATOR SHALL GRANT AN APPLICATION FOR
28 AN EXEMPTION IF MADE IN ACCORDANCE WITH PARAGRAPH (1).
29 (3) IF AN APPLICANT RECEIVES AN EXEMPTION FOR ANY
30 BUILDING UNDER THIS SUBSECTION AND THE APPLICANT SUBSEQUENTLY
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1 SELLS OR LEASES THE BUILDING TO A PERSON NOT OF THE SAME
2 RECOGNIZED RELIGIOUS SECT, THE APPLICANT SHALL BRING THE
3 BUILDING INTO COMPLIANCE WITH THE PROVISION OF THE UNIFORM
4 CONSTRUCTION CODE FROM WHICH IT WAS EXEMPTED UNDER THIS
5 SUBSECTION PRIOR TO THE SALE OR LEASE OF THE BUILDING UNLESS
6 THE PROSPECTIVE SUBSEQUENT OWNER OR LESSEE FILES AN AFFIDAVIT
7 IN COMPLIANCE WITH PARAGRAPH (1)(I) THROUGH (IV).
8 * * *
9 SECTION 3. THE AMENDMENT OF SECTION 901(B) OF THE ACT SHALL
10 APPLY TO PERMITS APPLIED FOR ON OR AFTER THE EFFECTIVE DATE OF
11 THIS ACT.
12 SECTION 4. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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