PRINTER'S NO. 2866
No. 2162 Session of 1989
INTRODUCED BY LASHINGER, JOHNSON, SCHULER, FOX, E. Z. TAYLOR,
HERMAN, J. L. WRIGHT, D. W. SNYDER, J. H. CLARK, DISTLER,
GANNON, LEH, PHILLIPS, NOYE, McVERRY, PERZEL, CORNELL,
FOSTER, TRELLO, TELEK, ANGSTADT, BUSH, J. TAYLOR, GODSHALL,
NAHILL, DEMPSEY, ARGALL, HERSHEY, GRUPPO, CESSAR, BUNT,
WESTON, HESS, WASS, RAYMOND, GLADECK, MERRY, CLYMER,
DIETTERICK, SERAFINI, JADLOWIEC, MARSICO, FAIRCHILD, BLACK,
GEIST, NAILOR, CIVERA, ALLEN, ROBBINS, DAVIES, WILSON, ADOLPH
AND KONDRICH, DECEMBER 6, 1989
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, DECEMBER 6, 1989
AN ACT
1 Authorizing the Department of Labor and Industry to waive
2 certain municipal housing or building code requirements in
3 cases where it would not seriously affect the health and
4 safety of occupants.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Department." The Department of Labor and Industry of the
12 Commonwealth.
13 Section 2. Authority.
14 In order to facilitate the construction of more affordable
15 sales and rental housing in Pennsylvania, the Department of
1 Labor and Industry shall be empowered to waive specific
2 requirements a developer must meet under a municipal housing or
3 building code if the department determines, after a review of
4 the construction plans and municipal code requirements, that
5 waiving the requirements would not seriously affect the health
6 and safety of occupants and that a cost savings of at least $500
7 per housing unit would result.
8 Section 3. Regulations.
9 In order to implement the authority granted to the department
10 under this act, the department shall promulgate rules and
11 regulations which shall:
12 (1) Establish a procedure under which developers of
13 affordable sales and rental housing may apply to the
14 department for a waiver as provided under this section.
15 (2) Establish fees to be paid by the applicant to be
16 used toward the administration of this program.
17 (3) Establish procedures to be used by the department in
18 reviewing municipal building and housing code requirements as
19 they relate to specific construction plans in order to make a
20 decision with respect to waiving the municipal code
21 requirements as provided under this section.
22 Section 4. Savings.
23 Where a waiver of any municipal building or housing code
24 requirement is granted by the department under this section, the
25 cost savings per housing unit reflected by the waiver shall be
26 guaranteed under separate contract between the builder and the
27 municipality in which the project is being constructed, and this
28 shall also be made a condition for the granting of the building
29 permit where applicable.
30 Section 5. Effective date.
19890H2162B2866 - 2 -
1 This act shall take effect in 60 days.
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