Pending Legislation Would Make the Code Adoption Process More Efficient
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- Ross Booker
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1 UNLESS LEGISLATIVE ACTION IS TAKEN, BUILDING CODES IN PENNSYLVANIA WILL NOT BE UPDATED FOR THE FORESEEABLE FUTURE, THREATENING THE SAFETY AND WELFARE OF PENNSYLVANIANS In the wake of the recent Philadelphia building collapse and Superstorm Sandy, people are becoming aware of the importance of building codes to protect life and property. Recent editions of the construction codes also save energy the buildings built to current codes are 0% more energy efficient than those built just six years ago. Unfortunately, if the status quo remains unchanged, Pennsylvanians will not benefit from the most current building codes. In Pennsylvania, the statewide Uniform Construction Code (UCC) that governs building code issues is based on the International Code Council (ICC) model codes, which are updated every three years. A nineteen-member, Governorappointed committee called the Review and Advisory Council, (RAC) has the sole authority to review the new editions of the codes, and determine whether to adopt the new provisions as part of the UCC. Legislation adopted in 0 ( Act 1 ) effectively guarantees that future editions of the codes will not be adopted. Prior to Act 1, the RAC only identified code provisions it wanted to omit from the new code. Act 1 requires that the RAC review and vote on whether to include each new code change (there were over 00 changes from the 00 to the 01 codes, mostly strictly administrative) based on specific safety, health and economic analysis. To be adopted, each code provision must secure a / majority of the entire RAC. The first review of the codes following the passage of the 0 legislation was in 01. The Act 1 process proved impossibly time consuming and unworkable. Instead of performing the review required by Act 1, the RAC rejected the 01 code updates in their entirety. As a result, the 00 codes will be in effect until at least 01, and indefinitely if the process for code adoption is not addressed. Pending Legislation Would Make the Code Adoption Process More Efficient The 01 adoption cycle demonstrated that the UCC law needs to be revised to allow for a reasonable and transparent review of new building codes. Senator Charles McIlhenny (R-) has introduced new legislation that resolves the majority of the code adoption process issues (SB ). A copy of the bill is attached for your review. Most importantly, the bill includes language that would allow all proposed code changes to be adopted unless the RAC votes them out. It makes other changes that would make the code adoption process more effective, and provide resources for RAC members to perform their duties. Reject Proposals to Move to a Six Year Code Review Cycle The RAC has recommended, among other things, that Pennsylvania move to a six year review cycle. Regular and timely updating of the UCC is critical to ensuring that new research, technology and safety practices can be incorporated into the codes. Any legislation favoring a move to a six year review cycle should be rejected. The RAC has argued that the triennial update renders buildings too expensive for consumers to afford, is difficult for the industry to comply with and difficult for code officials to enforce. The RAC has not supported these positions with any data. The Pennsylvania organizations representing code officials and hundreds of other government, industry and other organizations (including engineers and first responders) have specifically rejected these arguments, favoring triennial adoption. 1 We ask you to contact Senator John Gordner, Chairman of the Senate Labor and Industry Committee to bring S.B. to the floor for a vote, and we encourage you to support the bill. For more information, please contact Shari Shapiro, --00 or sashapiro@cozen.com 1 A list of supporters is available at the Coalition for Current Safety Codes website, LEGAL\1\../0.000
2 PRINTER'S NO. 1 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No. Session of 01 INTRODUCED BY McILHINNEY, SOLOBAY, FERLO, DINNIMAN, HUGHES, FONTANA, STACK, LEACH, TOMLINSON, SMITH AND FARNESE, JUNE 1, 01 REFERRED TO LABOR AND INDUSTRY, JUNE 1, 01 AN ACT Amending the act of November, 1 (P.L.1, No.), entitled "An act establishing a uniform construction code; imposing powers and duties on municipalities and the Department of Labor and Industry; providing for enforcement; imposing penalties; and making repeals," further providing for the duties of the council, for revised or successor codes and for education and training programs. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section (b.1), (c) and (l) of the act of November, 1 (P.L.1, No.), known as the Pennsylvania Construction Code Act, amended or added October, 00 (P.L.1, No.) and April, 0 (P.L.1, No.1), are amended to read: Section. Uniform Construction Code Review and Advisory * * * Council. (b.1) Code review process.-- (1) Beginning with the 01 ICC codes, the council shall review the latest triennial code revisions upon official
3 publication of the codes. () During the review process, the council shall hold at least three public hearings. One of the public hearings shall be held in Harrisburg, one shall be held in the eastern region of this Commonwealth and one shall be held in the western region of this Commonwealth. () The council shall submit a report to the secretary within the 1-month period following official publication of the latest triennial code revisions under paragraph (1) with provisions of the codes that are specified for [adoption] rejection. The provisions of the codes that are specified for [adoption] rejection shall be separately designated in the report. () The council shall examine triennial code revisions applying all of the following criteria: (i) The impact that the provision may have upon the health, safety and welfare of the public. (ii) The economic and financial impact of the provision. (iii) The technical feasibility of the provision. () Only triennial code revisions that are [adopted] rejected by a two-thirds vote of council membership shall be included in the report required under paragraph (). () The council shall, as part of its review of the 01 ICC codes, also re-review the 01 codes. (c) Composition.--The council shall consist of the following members appointed by the Governor: (1) A general contractor from an association representing the residential construction industry who has recognized ability and experience in the construction of new 010SBPN1 - -
4 residential () A general contractor from an association representing the nonresidential construction industry who has recognized ability and experience in the construction of nonresidential () A Uniform Construction Code-certified residential building inspector who possesses all five residential certifications from an association representing building code officials who has experience administering and enforcing residential codes. () A Uniform Construction Code-certified building inspector who possesses all nonresidential inspection certifications, but need not possess a fire inspector certification, or a certified plans examiner who also holds an accessibility certification from an association representing building code officials who has experience administering and enforcing nonresidential codes. () A Uniform Construction Code-certified fire inspector from an association representing building code officials. () A Uniform Construction Code-certified building code official from an association representing building code officials with building code official certification. () A residential contractor from an association representing contractors engaged in remodeling residential buildings who has recognized ability and experience in remodeling residential and nonresidential () A licensed architect from an association representing architects who has recognized ability and experience in the design and construction of nonresidential 010SBPN1 - -
5 () A licensed architect from an association representing architects who has recognized ability and experience in the design and construction of residential () A licensed structural engineer from an association representing professional engineers who has recognized ability and experience in the design and construction of () A licensed mechanical engineer specializing in HVAC systems from an association representing professional engineers who has recognized ability and experience in the design and construction of (1) A licensed mechanical engineer specializing in plumbing and fire protection from an association representing professional engineers who has recognized ability and experience in the design and construction of (1) A licensed electrical engineer from an association representing professional engineers who has recognized ability and experience in the design and construction of (1) An elected official of a township of the second class who has recognized ability and experience in construction of (1) An elected borough official who has recognized ability and experience in construction of (1) An elected official of a third class city who has recognized ability and experience in the construction of (1) An individual from an association representing manufactured housing who shall be knowledgeable, licensed or 010SBPN1 - -
6 certified to sell and install manufactured housing. (1) An official of a city of the first class who has recognized ability and experience in the administration and enforcement of this act. (1) An individual from an association representing only modular housing manufacturers who is knowledgeable, licensed or certified under the act of May, 1 (P.L., No.0), known as the Industrialized Housing Act, to manufacture and sell modular homes in Pennsylvania. (0) A professor of engineering with a concentration or specialty in building energy efficiency. (1) An architect specializing in building energy efficiency. At least one of the inspectors appointed to the council shall be a municipal employee, and at least one inspector shall be a third-party private sector inspector. * * * (l) Compensation and expenses.--members of the council shall not receive a salary [or per diem allowance for their service] but shall be entitled to $0 per diem and reasonable travel, hotel and other necessary expenses incurred in performing their duties. Section. Section 0 of the act, amended April, 0 (P.L.1, No.1), is amended to read: Section 0. Revised or successor codes. (a) Duties of department.-- (1) Subject to sections (c) and (d), 01(a)(), (), (), () and (), (c) and (d) and 0, within [three] 1 months of the receipt of the report under section (b.1), the department shall promulgate final-omitted regulations 010SBPN1 - -
7 under the act of June, 1 (P.L., No.), known as the Regulatory Review Act, to adopt the triennial code revisions made in the report without change. () Regulations promulgated under this subsection are exempt from: (i) section 0 of the act of July 1, 1 (P.L., No.0), referred to as the Commonwealth Documents Law; and (ii) sections 0(b) and 01() of the act of October 1, (P.L.0, No.1), known as the Commonwealth Attorneys Act. () Notwithstanding paragraphs (1) and (), the department shall promulgate regulations updating accessibility standards under Chapter by adopting Chapter and Appendix E of the International Building Code of 01, or its successor, by December 1 of the year of issuance of the new code. (a.1) Continuity.--If a triennial revision is not adopted under section (b.1)(), the relevant provisions of the prior version of the codes shall remain in effect. (c) Prior permits and construction.-- (1) A construction permit issued under valid construction regulations prior to the effective date of regulations for a subsequent Uniform Construction Code or International Fuel Gas Code issued under this act shall remain valid, and the construction of any building or structure may be completed pursuant to and in accordance with the permit. () If the permit has not been actively prosecuted within two years of the effective date of the regulation or 010SBPN1 - -
8 the period specified by a municipal ordinance, whichever is less, the former permitholder shall be required to acquire a new permit. () Where construction of a building or structure commenced before the effective date of the regulations for a subsequent Uniform Construction Code or International Fuel Gas Code issued under this act and a permit was not required at that time, construction may be completed without a permit. Section. Section 0 of the act, amended November, 00 (P.L.10, No.1), is amended to read: Section 0. Education and training programs. (a) Fee.--Municipalities administering and enforcing this act under section 01(a) and third-party agencies providing services under section 01(e) shall assess a fee of $ on each construction or building permit issued under the authority of this act. The fee shall be in addition to any other fee imposed for the permit. (b) [Training accounts] Accounts.--There is hereby established within the State Treasury [two] three restricted accounts which shall be known as the Municipal Code Official Training Account, the Review and Advisory Council Administration Account and the Construction Contractor Training Account. (c) Deposit.--Moneys collected as authorized under subsection (a) shall be transmitted quarterly to the State Treasury and [shall be equally divided and deposited in the accounts established in subsection (b)].% of said moneys shall be deposited in the Municipal Code Official Training Account,.% of said moneys shall be deposited in the Construction Contractor Training Account and % shall be deposited in the Review and Advisory Council Administration 010SBPN1 - -
9 Account. Moneys so deposited are hereby equally appropriated on approval of the Governor to the Department of Community and Economic Development for the purpose of education and training programs provided by the Pennsylvania Construction Codes Academy for municipal code officials and individuals employed by thirdparty agencies under contract to a municipality and to a Pennsylvania-based housing research center located at a land grant university for the construction industry. To assure the programs meet the needs of the construction industry, the education, training and other activities provided by such a housing research center shall be approved by its industry advisory committee. (d) Review and Advisory Council Administration expenses.-- Moneys collected as authorized under subsection (a) and deposited in the Review and Advisory Council Administration Account shall be transmitted quarterly to the Department of Labor and Industry for per diem and expenses of the Review and Advisory Council as authorized in section (l) and for technical assistance as provided for in section (k) and administrative assistance as determined necessary by the council and the department. Section. This act shall take effect in 0 days. 010SBPN1 - -
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