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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BUXTON, BENNINGHOFF, BOYD, CARROLL, CIVERA, DALLY, EVERETT, FAIRCHILD, FLECK, FRANKEL, GINGRICH, GODSHALL, GOODMAN, GRELL, HALUSKA, HARHAI, HELM, HORNAMAN, LONGIETTI, MARKOSEK, McILVAINE SMITH, MILLARD, MILLER, MOUL, MUNDY, OBERLANDER, REED, REICHLEY, SAINATO, SAYLOR, SEIP, SIPTROTH, S. H. SMITH, SONNEY, STERN, STEVENSON, SWANGER, TRUE, VULAKOVICH, YOUNGBLOOD AND BEAR, JULY 1, 2009 |
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| REFERRED TO COMMITTEE ON LABOR RELATIONS, JULY 1, 2009 |
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| AN ACT |
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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 changes in Uniform Construction |
7 | Code and for exemptions. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 301 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 a subsection to read: |
13 | Section 301. Adoption by regulations. |
14 | * * * |
15 | (e) Application of ICC codes.--All ICC codes adopted by |
16 | department regulations as part of the Uniform Construction Code |
17 | other than the International Building Code and International |
18 | Residential Code shall be part of the Uniform Construction Code |
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1 | only to the extent referenced by the International Building Code |
2 | or International Residential Code. |
3 | Section 2. Section 503(c) and (j) of the act, amended |
4 | November 29, 2006 (P.L.1440, No.157), are amended to read: |
5 | Section 503. Changes in Uniform Construction Code. |
6 | * * * |
7 | (c) Modification of minimum requirement.--Subject to the |
8 | provisions of this act, the municipal governing body may propose |
9 | and enact an ordinance to equal or exceed the minimum |
10 | requirements of the Uniform Construction Code under the law |
11 | governing the adoption of ordinances in that jurisdiction. An |
12 | ordinance under this subsection shall not be effective nor |
13 | enforceable unless subsections (d), (e), (f), (g), (h) and (i) |
14 | have been satisfied. Municipalities may enact ordinances |
15 | pursuant to this section which adopt additional code |
16 | requirements for alterations or repairs to residential |
17 | buildings. Municipalities may enact ordinances pursuant to this |
18 | section which adopt stricter code requirements than required by |
19 | this act for the regulation of utility and miscellaneous use |
20 | structures. Any ordinance requiring fire sprinkler systems in |
21 | residential buildings adopted or enacted on or after July 1, |
22 | 1999, shall provide for the design and installation of such |
23 | systems consistent with the provisions of the International |
24 | Residential Code (2009) or its successor triennial. |
25 | * * * |
26 | (j) Challenge of ordinance.-- |
27 | (1) Aggrieved parties shall have 30 days from date of |
28 | enactment of the ordinance to file a written challenge with |
29 | the department and shall serve a copy of the challenge upon |
30 | the municipality. The challenge shall state the reason or |
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1 | reasons for the challenge. A municipal ordinance may not take |
2 | effect for a period of 35 days following its enactment. If a |
3 | challenge is filed in writing with the department within 30 |
4 | days, the department has five business days from the end of |
5 | the 30-day filing period to notify a municipality of the |
6 | challenge. There may be no enforcement of the ordinance until |
7 | a ruling is issued by the secretary or 45 days after the |
8 | filing date of the last challenge to the ordinance, whichever |
9 | occurs first. |
10 | (2) [The] Except as provided in paragraphs (3) and (4), |
11 | the department shall review any ordinance which would equal |
12 | or exceed the minimum requirements of the Uniform |
13 | Construction Code based on the following standards: |
14 | (i) that certain clear and convincing local |
15 | climatic, geologic, topographic or public health and |
16 | safety circumstances or conditions justify the exception; |
17 | (ii) the exception shall be adequate for the purpose |
18 | intended and shall meet a standard of performance equal |
19 | to or greater than that prescribed by the Uniform |
20 | Construction Code; |
21 | (iii) the exception would not diminish or threaten |
22 | the health, safety and welfare of the public; and |
23 | (iv) the exception would not be inconsistent with |
24 | the legislative findings and purpose described in section |
25 | 102. |
26 | (3) In the case of municipal ordinance provisions |
27 | requiring automatic fire sprinkler systems in townhouses |
28 | consistent with the provisions of the International |
29 | Residential Code, in all or specified geographic areas of the |
30 | municipality, which do not exceed the provisions of R313.1 |
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1 | (relating to townhouse automatic fire sprinkler systems) of |
2 | the International Residential Code (2009) or its successor |
3 | triennial provisions, the secretary shall approve such |
4 | provisions if evidence establishes that the following |
5 | standards have been met: |
6 | (i) that no fire station is located within a five- |
7 | mile radius of any townhouse subject to the ordinance; |
8 | and |
9 | (ii) that a reliable public water supply to any |
10 | townhouse unit is provided by a municipality, municipal |
11 | authority or public utility which satisfies the |
12 | requirements of section P2904.5 (relating to water |
13 | supply) of the International Residential Code (2009) or |
14 | its successor triennial revisions. |
15 | (4) In the case of municipal ordinance provisions |
16 | requiring automatic fire sprinkler systems in one and two |
17 | family dwellings consistent with the provisions of the |
18 | International Residential Code, in all or specified |
19 | geographic areas of the municipality, which do not exceed the |
20 | provisions of R313.2 (relating to one and two family dwelling |
21 | automatic fire sprinkler systems) of the International |
22 | Residential Code (2009) or its successor triennial |
23 | provisions, the secretary shall approve such provisions if |
24 | evidence establishes that the following standards have been |
25 | met: |
26 | (i) that no fire station is located within a five- |
27 | mile radius of any one and two family dwelling subject to |
28 | the ordinance; |
29 | (ii) that a reliable public water supply to any one |
30 | or two family dwelling is provided by a municipality, |
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1 | municipal authority or public utility which satisfies the |
2 | requirements of section P2904.5 of the International |
3 | Residential Code (2009) or its successor triennial |
4 | revisions; |
5 | (iii) that certain local, climatic, geologic, |
6 | topographic or public health and safety circumstances or |
7 | conditions justify the ordinance; |
8 | (iv) that the ordinance shall be adequate for the |
9 | purpose intended and shall meet a standard of performance |
10 | equal to or greater than that prescribed by the Uniform |
11 | Construction Code; |
12 | (v) the ordinance would not diminish or threaten the |
13 | health, safety and welfare of the public; and |
14 | (vi) the ordinance would not be inconsistent with |
15 | the legislative findings and purpose described in section |
16 | 102. The department shall take into consideration in |
17 | rendering the determination, the provision, code |
18 | development process history, purpose and intent of |
19 | relevant provisions of the 2009 International Residential |
20 | Code or its successor codes. |
21 | The department shall take into consideration, in rendering the |
22 | determination, the provision, code development process history, |
23 | purpose and intent of relevant provisions of the 1999 BOCA |
24 | National Building Code, Fourteenth Edition, ICC International |
25 | One and Two Family Dwelling Code, 1998 Edition, or their |
26 | successor codes. |
27 | * * * |
28 | Section 3. Section 901(f) of the act is amended by adding a |
29 | subsection to read: |
30 | Section 901. Exemptions. |
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1 | * * * |
2 | (f) Automatic fire sprinkler systems in residential |
3 | buildings.-- |
4 | (1) Section R313 (relating to automatic fire sprinkler |
5 | systems) of the International Residential Code (2009) and any |
6 | successor triennial revisions are excluded from this act and |
7 | shall not be part of the Uniform Construction Code. |
8 | Municipalities may propose and enact standards providing for |
9 | automatic fire sprinkler systems in residential buildings or |
10 | units subject to the International Residential Code pursuant |
11 | to the provisions of section 503. |
12 | (2) A builder of a residential building or dwelling unit |
13 | subject to the International Residential Code shall offer to |
14 | his buyer of a new residential dwelling unit, at or before |
15 | the time of entering into the purchase contract, the option |
16 | to install or equip an automatic fire sprinkler system in the |
17 | building or dwelling unit at the buyer's expense. At the same |
18 | time, the builder must provide his buyer with information |
19 | that explains the initial and ongoing cost of installing and |
20 | equipping an automatic fire sprinkler system in the building |
21 | or dwelling unit. |
22 | (3) Notwithstanding the provisions of section 302 of the |
23 | International Residential Code (2009), or its successors |
24 | triennial revisions, any townhouse that does not have |
25 | sprinklers installed shall be required to be separated by |
26 | common two-hour fire-resistance-rated walls if such walls do |
27 | not contain plumbing or mechanical equipment, ducts or vents |
28 | in the cavity of the common wall. The wall shall be rated for |
29 | fire exposure from both sides and shall extend to and be |
30 | tight against exterior walls and the underside of the roof |
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1 | sheathing. Electrical installations shall be installed in |
2 | accordance with the Uniform Construction Code. Penetrations |
3 | shall be in accordance with the Uniform Construction Code. |
4 | Section 4. This act shall take effect in 60 days. |
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