The Pennsylvania Uniform Construction Code

The Pennsylvania Uniform The Pennsylvania Uniform

Construction CodeConstruction Code

Is Your MunicipalityIs Your Municipality

UCC Compliant?UCC Compliant?

22

Developed Developed byby

Sponsored byThe Governor’s Center for Local Government Services

With support fromThe Department of Labor & Industry

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^̂LOCAL GOVERNMENT ACADEMYLOCAL GOVERNMENT ACADEMY

Newly Elected Officials TrainingNewly Elected Officials Training

Saturday, January 26, 2008Saturday, January 26, 2008

44

Today’s AgendaToday’s Agenda

Legislative Amendments to the UCC – What Legislative Amendments to the UCC – What they mean they mean

Municipal Amendments to the UCCMunicipal Amendments to the UCC Board of AppealsBoard of Appeals Responsibility of Elected Officials to Responsibility of Elected Officials to

establish “reasonable” feesestablish “reasonable” fees Training & Certification Issues / Training & Certification Issues /

GrandfatheringGrandfathering

55

Successor CodesSuccessor CodesR403.1(a)(2)R403.1(a)(2)

2006 I-Codes were adopted with a 2006 I-Codes were adopted with a statewide effective date of 12/31/06statewide effective date of 12/31/06

NEC 2005 and ANSI 117.1-2003 NEC 2005 and ANSI 117.1-2003 were adopted at the same timewere adopted at the same time

Next series of updated codes will Next series of updated codes will become effective in 2009 (every 3 become effective in 2009 (every 3 years)years)

66

Successor CodesSuccessor CodesS304(a) Act 13S304(a) Act 13

The Department of Labor & Industry has The Department of Labor & Industry has stated that opt-in municipalities stated that opt-in municipalities WILL WILL NOTNOT need to enact an ordinance adopting need to enact an ordinance adopting the newest version of the codesthe newest version of the codes

Provided that the UCC adoption Provided that the UCC adoption ordinance was properly constructedordinance was properly constructed i.e., the UCC was adopted as the municipal i.e., the UCC was adopted as the municipal

building code, not specific codes with specific building code, not specific codes with specific publication datespublication dates

77

Statutory AmendmentsStatutory AmendmentsAct 45 of 1999Act 45 of 1999

Act 43 of 2001Act 43 of 2001 Act 13 of 2004Act 13 of 2004 Act 92 of 2004Act 92 of 2004 Act 230 of 2004Act 230 of 2004 Act 95 of 2005Act 95 of 2005 Act 108 of 2006Act 108 of 2006 Act 157 of 2006Act 157 of 2006

Incorporated into December 31, 2006 Revised Regulations

Find in “Appendix”Not incorporated intoDecember 31, 2006 revisions

88

Exclusion or Exemption?Exclusion or Exemption?

ExclusionExclusion means that the UCC does not apply means that the UCC does not apply to a particular structure or work that is being to a particular structure or work that is being proposed. Permits and inspections are not proposed. Permits and inspections are not authorized by the UCC and work performed authorized by the UCC and work performed does not have to comply with the UCC.does not have to comply with the UCC.

ExemptionExemption means that a permit and means that a permit and inspection is not required but proposed work inspection is not required but proposed work must comply with UCC requirements (burden must comply with UCC requirements (burden on contractor or installer to meet code on contractor or installer to meet code requirements)requirements)

99

Recognized Religious SectRecognized Religious SectR403.1(f) R403.1(f) Act 157 Act 157

S901(b)S901(b)May be ExcludedMay be Excluded FROM ELECTRICAL PROVISIONS, FROM ELECTRICAL PROVISIONS, PLUMBING PROVISIONS AND WOOD / LUMBER PLUMBING PROVISIONS AND WOOD / LUMBER PROVISIONSPROVISIONS for single family dwelling units & One for single family dwelling units & One Room School housesRoom School houses

Must apply to the BCO for an exclusionMust apply to the BCO for an exclusion Exclusion must be granted if requested & documentedExclusion must be granted if requested & documented Special requirements apply when dwelling is to be sold – Special requirements apply when dwelling is to be sold –

will need to be “brought up to code” if sold to non-sect will need to be “brought up to code” if sold to non-sect membermember

Wood & lumber exclusion Wood & lumber exclusion DOES NOTDOES NOT include Pressure include Pressure Treated Lumber RequirementsTreated Lumber Requirements

Wood & lumber exclusion is principally aimed at allowing Wood & lumber exclusion is principally aimed at allowing the use of rough cut lumberthe use of rough cut lumber

1010

Recognized Religious SectRecognized Religious Sect R403.1(f) R403.1(f) Act 157 Act 157

S901(b)S901(b)May be ExcludedMay be Excluded FROM ELECTRICAL PROVISIONS, FROM ELECTRICAL PROVISIONS, PLUMBING PROVISIONS AND WOOD / LUMBER PLUMBING PROVISIONS AND WOOD / LUMBER PROVISIONSPROVISIONS for single family dwelling units & for single family dwelling units & One Room School housesOne Room School houses

Exclusion rests with the “occupant” not the structureExclusion rests with the “occupant” not the structure When someone new occupies, the exclusion must be When someone new occupies, the exclusion must be

applied for and granted again, or….applied for and granted again, or…. If the new occupant is not of a qualifying sect, the If the new occupant is not of a qualifying sect, the

electrical, plumbing and wood/lumber requirements in electrical, plumbing and wood/lumber requirements in the current edition of the IRC must be satisfied before a the current edition of the IRC must be satisfied before a new Certificate of Occupancy can be grantednew Certificate of Occupancy can be granted

1111

Fee SchedulesFee SchedulesAct 157 Act 157 S703(a-c) S703(a-c)

Act 157 requires that a $4.00 fee be collected for each Act 157 requires that a $4.00 fee be collected for each UCC permit issued (S703)UCC permit issued (S703)

Separate fee for each permit issued under UCC Separate fee for each permit issued under UCC regulationsregulations

Quarterly filing of DCED-13 by the BCO* is required (may Quarterly filing of DCED-13 by the BCO* is required (may be filled-out by other municipal official)be filled-out by other municipal official)

Fees to be collected by the Governor’s Center at DCED Fees to be collected by the Governor’s Center at DCED and put in 2 restricted funds:and put in 2 restricted funds:

For the training of code officialsFor the training of code officials For the training of residential and commercial contractorsFor the training of residential and commercial contractors

1212

Fee SchedulesFee SchedulesAct 157 Act 157 S703(a-c) S703(a-c)

Each municipality will determine what permits to require Each municipality will determine what permits to require and the fees for such as they deem appropriateand the fees for such as they deem appropriate

If you issue 1 Permit for all functions or disciplines on the If you issue 1 Permit for all functions or disciplines on the project, $4.00 shall be collectedproject, $4.00 shall be collected

If separate permits are issued for If separate permits are issued for Building/Structural,Plumbing, Electrical, HVAC, etc., Building/Structural,Plumbing, Electrical, HVAC, etc., $4.00 for each permit issued shall be collected$4.00 for each permit issued shall be collected

Actual fees collected are reported and submittedActual fees collected are reported and submitted

1313

Permit FeesPermit Fees

Elected Officials MUST adopt a fee Elected Officials MUST adopt a fee schedule by resolution for appropriate schedule by resolution for appropriate permit fees and the costs of appealspermit fees and the costs of appeals

Fees should only cover costs directly Fees should only cover costs directly associated with the enforcement of the associated with the enforcement of the building codes programbuilding codes program

1414

Act 92 AmendmentsAct 92 AmendmentsAct 92 S104(b)(5-Act 92 S104(b)(5-

7)7) Alterations (as defined in Act 92) not Alterations (as defined in Act 92) not

making structural changes or making structural changes or changes to means of egress in changes to means of egress in Existing Residential Structures Existing Residential Structures (b)(5)(b)(5)

Repairs (as defined in Act 92) in Repairs (as defined in Act 92) in Existing Residential Structures Existing Residential Structures (b)(6)(b)(6)

1515

Residential Alteration Residential Alteration ExclusionExclusion

R403.1(b)(8) S104(b)(5-7)R403.1(b)(8) S104(b)(5-7) Alterations (to an existing residential Alterations (to an existing residential

structure) are excluded from the UCC, structure) are excluded from the UCC, unless:unless: They are a structural alteration (not defined)They are a structural alteration (not defined) They make changes to the means of egressThey make changes to the means of egress

This exclusion applies to 1 & 2 Family This exclusion applies to 1 & 2 Family and Townhousesand Townhouses

1616

Residential AlterationResidential AlterationR401.1R401.1 S104(b)(5- S104(b)(5-

7)7) Alteration is defined as:Alteration is defined as:

““any construction or renovation to an existing any construction or renovation to an existing structure other than repair or addition.”structure other than repair or addition.”

Examples:Examples: remodeling, renovations, re-wiring, remodeling, renovations, re-wiring, re-plumbing, re-roofing (covering only), new re-plumbing, re-roofing (covering only), new heating, new AC, re-siding, new kitchen, new heating, new AC, re-siding, new kitchen, new bath, etc.bath, etc.

1717

Residential AlterationResidential AlterationR403.1(b)(8) R403.1(b)(8)

S104(b)(5-7)S104(b)(5-7) Examples of Examples of StructuralStructural Alterations: Alterations:

Replacing roof deck (sheathing)Replacing roof deck (sheathing) Moving a load bearing wallMoving a load bearing wall Cutting, notching or drilling into an existing Cutting, notching or drilling into an existing

load bearing framing memberload bearing framing member Adding new loads to an existing structure Adding new loads to an existing structure Turning a storage attic into habitable space Turning a storage attic into habitable space

(depends on design load for existing floor (depends on design load for existing floor system)system)

1818


S104(b)(5-7)S104(b)(5-7) Examples of Non - Structural Alterations:Examples of Non - Structural Alterations:

Gutting a house but leaving the framing intactGutting a house but leaving the framing intact Installing new drywall or wall finishesInstalling new drywall or wall finishes New flooring / floor covering (could be a structural New flooring / floor covering (could be a structural

alteration if weight exceeds floor design loads)alteration if weight exceeds floor design loads) New siding, new roof coveringsNew siding, new roof coverings Complete kitchen & bath make-oversComplete kitchen & bath make-overs Turning a storage basement into habitable spaceTurning a storage basement into habitable space Minor framing changes needed to replace existing Minor framing changes needed to replace existing

windows or doorswindows or doors

1919


S104(b)(5-7)S104(b)(5-7) Creating a habitable basement where it Creating a habitable basement where it

was only used for storage or mechanical was only used for storage or mechanical purposes before is excluded from the purposes before is excluded from the UCC.UCC.

This is NOT a change to an existing This is NOT a change to an existing means of egressmeans of egress

This is NOT a structural alteration (unless This is NOT a structural alteration (unless the unique circumstances actually result the unique circumstances actually result in a structural alteration)in a structural alteration)

2020

Residential AlterationsResidential Alterations

If your municipality had a legally If your municipality had a legally adopted pre July 1, 1999 ordinance that adopted pre July 1, 1999 ordinance that regulated residential alterations (some regulated residential alterations (some or all)….and you brought that ordinance or all)….and you brought that ordinance forward as part of your UCC adoption forward as part of your UCC adoption ordinanceordinance

You may legally enforce those requirementsYou may legally enforce those requirements

2121

Residential AlterationsResidential Alterations

If your municipality has legally If your municipality has legally amended the UCC using the Section amended the UCC using the Section 503 process to regulate some or all 503 process to regulate some or all residential alterations….residential alterations….

You may legally enforce those You may legally enforce those requirementsrequirements

2222

Residential RepairResidential RepairR403.1(b)(9) R403.1(b)(9)

S104(b)(5-7)S104(b)(5-7) All repairs (to an existing residential All repairs (to an existing residential

structure) are excluded from the UCCstructure) are excluded from the UCC

This exclusion applies to 1 & 2 This exclusion applies to 1 & 2 Family and TownhousesFamily and Townhouses

2323

Residential RepairResidential RepairR401.1 S104(b)(5-R401.1 S104(b)(5-

7)7) Repair is defined as:Repair is defined as:

““the reconstruction or renewal of any part of an the reconstruction or renewal of any part of an existing building for the purpose of its maintenance.”existing building for the purpose of its maintenance.”

Examples: plumbing repairs, electrical repairs, Examples: plumbing repairs, electrical repairs, mechanical system repairs, replacing deteriorated mechanical system repairs, replacing deteriorated decking, replacement windows & doors, replacement decking, replacement windows & doors, replacement of defective or obsolete equipment, etc.of defective or obsolete equipment, etc.

2424

Residential RepairResidential Repair

If your municipality had a legally If your municipality had a legally adopted pre July 1, 1999 ordinance that adopted pre July 1, 1999 ordinance that regulated residential repairs (some or regulated residential repairs (some or all)….and you brought that ordinance all)….and you brought that ordinance forward as part of your UCC adoption forward as part of your UCC adoption ordinanceordinance

You may legally enforce those requirementsYou may legally enforce those requirements

2525

Residential RepairResidential Repair

If your municipality has legally If your municipality has legally amended the UCC using the Section amended the UCC using the Section 503 process (after April 2004) to 503 process (after April 2004) to regulate some or all residential regulate some or all residential repairs….repairs….

You may legally enforce those You may legally enforce those requirementsrequirements

2626

Residential AdditionResidential AdditionR401.1R401.1

Residential Additions are Residential Additions are NOT NOT EXCLUDEDEXCLUDED from the UCC. from the UCC.

They are new construction and must They are new construction and must comply with all permit, inspection & comply with all permit, inspection & code requirementscode requirements

Definition:Definition: “an extension or increase “an extension or increase in floor area or height of a building or in floor area or height of a building or structure”structure”

2727

Recreational CabinsRecreational CabinsR403.1(b)(11) R401.1 S104(b)(7)R403.1(b)(11) R401.1 S104(b)(7)

To be excluded from the UCC under To be excluded from the UCC under following conditions:following conditions:

Used primarily for recreational purposesUsed primarily for recreational purposes Not used as a residence or domicileNot used as a residence or domicile Non-commercial use or place of employmentNon-commercial use or place of employment Not more than 2 stories in height excluding Not more than 2 stories in height excluding

basementbasement Not used as a mailing address for bills or Not used as a mailing address for bills or

correspondencecorrespondence Not listed as a person’s place of residence for Not listed as a person’s place of residence for

drivers license, tax returns or voter drivers license, tax returns or voter registrationregistration

2828

Recreational CabinsRecreational Cabins

Once a RECREATIONAL CABIN….. ALWAYS a Once a RECREATIONAL CABIN….. ALWAYS a Recreational Cabin !!!Recreational Cabin !!!

Unless in the future, someone goes to the Unless in the future, someone goes to the expense of “bringing it up” to the code expense of “bringing it up” to the code requirements in effect at that time, ….and the requirements in effect at that time, ….and the Building Code Official can determine Building Code Official can determine compliancecompliance

Complying with all permit & inspection Complying with all permit & inspection requirementsrequirements

2929

Residential Accessory StructuresResidential Accessory StructuresR401.1 R403.1(b)(3)R401.1 R403.1(b)(3)

Exclusion is for Exclusion is for DETACHED DETACHED ONEONE FAMILY FAMILY DWELLINGS ONLYDWELLINGS ONLY Less than 1000 square feet Less than 1000 square feet Not habitedNot habited

CarportsDetached private garagesGreenhousesSheds

3030

Residential Accessory Residential Accessory StructuresStructures

R403.1(b)(3) S503(c) S104(b)(3)R403.1(b)(3) S503(c) S104(b)(3) Accessory and miscellaneous use Accessory and miscellaneous use

structures structures (detached 1 family (detached 1 family only)only)

Municipalities may impose more restrictive Municipalities may impose more restrictive requirements for Miscellaneous Use and requirements for Miscellaneous Use and Utility Structures under Section 503 Utility Structures under Section 503 Amendment provisionsAmendment provisions

Labor and Industry Review and Approval is Labor and Industry Review and Approval is required / Public Notice & Hearing requiredrequired / Public Notice & Hearing required

Pre July 1, 1999 ordinances may Pre July 1, 1999 ordinances may NOTNOT regulate these types of structuresregulate these types of structures

3131

Residential Accessory Residential Accessory StructuresStructures

R403.1(b)(3) S503(c) S104(b)(3)R403.1(b)(3) S503(c) S104(b)(3) Accessory and miscellaneous use structures Accessory and miscellaneous use structures

Zoning permits & setback inspections might be Zoning permits & setback inspections might be requiredrequired

UCC permits/inspections are not required for UCC permits/inspections are not required for anything < 1000 SF unless the UCC is anything < 1000 SF unless the UCC is amended for that municipalityamended for that municipality

Utility connections do not change the Utility connections do not change the exclusion, it is based on SF only unless the exclusion, it is based on SF only unless the UCC has been amended using Section 503 UCC has been amended using Section 503 ProcessProcess

3232

Sewer & Water LateralsSewer & Water LateralsAct 230Act 230

Key Date is January 1, 2005Key Date is January 1, 2005 Any adopted standards in effect on that Any adopted standards in effect on that

date may constitute an amendment of date may constitute an amendment of the UCC the UCC

Applies to lateral connections on Applies to lateral connections on private property that connect to a private property that connect to a public system owned by a municipality public system owned by a municipality or authorityor authority

3333


Standards for laterals must equal or exceed Standards for laterals must equal or exceed the requirements in the UCC, the IRC and the the requirements in the UCC, the IRC and the IPCIPC

If not, they cannot be used in lieu of UCC If not, they cannot be used in lieu of UCC requirements (only more restrictive, not less)requirements (only more restrictive, not less)

Municipality or Authority must file the Municipality or Authority must file the standards with L & I and each municipality standards with L & I and each municipality served by the water / sewer systemserved by the water / sewer system

3434


Related Issue: Related Issue: Permitting and Inspection of Laterals falls Permitting and Inspection of Laterals falls

under the UCC – this is a function of the AHJ under the UCC – this is a function of the AHJ and not the Water and/or Sewer Authorityand not the Water and/or Sewer Authority

Whoever inspects the laterals must hold the Whoever inspects the laterals must hold the appropriate certifications under the UCCappropriate certifications under the UCC

An authority or municipal employee without An authority or municipal employee without UCC credentials MAY NOT inspect the lateralsUCC credentials MAY NOT inspect the laterals

3535

Uncertified Buildings= Illegally Uncertified Buildings= Illegally OccupiedOccupied

R401.1R401.1

A municipal building code was in effect before A municipal building code was in effect before the UCC and a permit and inspections were the UCC and a permit and inspections were requiredrequired And it was built without a permit and inspectionsAnd it was built without a permit and inspections Or…it does not have a Certificate of OccupancyOr…it does not have a Certificate of Occupancy

A commercial structure subject to Fire & PanicA commercial structure subject to Fire & Panic And it was occupied without an L & I Certificate of And it was occupied without an L & I Certificate of

Use and OccupancyUse and Occupancy

3636

Uncertified BuildingsUncertified BuildingsR403.28R403.28

Uncertified = illegally occupiedUncertified = illegally occupied No existing Certificate of Use and Occupancy No existing Certificate of Use and Occupancy

From Department of Labor & Industry, orFrom Department of Labor & Industry, or Municipality with an enforced code before UCC Municipality with an enforced code before UCC

Does not address 1 and 2 family dwellingsDoes not address 1 and 2 family dwellings Establishes standards for the Department of Establishes standards for the Department of

Labor and IndustryLabor and Industry Municipalities may adopt same standards by Municipalities may adopt same standards by

ordinanceordinance

3737

Uncertified BuildingsUncertified BuildingsR403.28(a)R403.28(a)

Uncertified buildings built before April 27, Uncertified buildings built before April 27, 19271927 Deemed to be legally occupied without a Deemed to be legally occupied without a

Certificate of Use and OccupancyCertificate of Use and Occupancy Renovations, additions, alterations or changes Renovations, additions, alterations or changes

to the occupancy require compliance with the to the occupancy require compliance with the UCCUCC

3838

Uncertified BuildingsUncertified BuildingsR403.28 (c)R403.28 (c)

Provides a mechanism for the BCO to Provides a mechanism for the BCO to “render a currently illegal structure “render a currently illegal structure legal”legal” by issuing a Certificate of by issuing a Certificate of Occupancy if the most basic of life – Occupancy if the most basic of life – health – safety – fire protection health – safety – fire protection requirements are met:requirements are met: Chapter 34 of the IBC, orChapter 34 of the IBC, or ICC Existing Building CodeICC Existing Building Code

3939

Local Building Code OrdinancesLocal Building Code OrdinancesAfter July 1, 1999After July 1, 1999

These were automatically repealed on the These were automatically repealed on the effective date of the UCC in each effective date of the UCC in each municipalitymunicipality

In order to legally enforce any ordinance In order to legally enforce any ordinance with building code requirements that was with building code requirements that was enacted after July 1, 1999enacted after July 1, 1999

The municipality must amend the UCC using The municipality must amend the UCC using Section 503Section 503

4040

Invalid Local CodesInvalid Local Codes

The Department of Labor & Industry has The Department of Labor & Industry has begun to issue begun to issue “Cease and Desist Letters”“Cease and Desist Letters” to municipalities that are attempting to to municipalities that are attempting to enforce building-code requirements that enforce building-code requirements that

Were never legally adopted, orWere never legally adopted, or Were part of a repealed model code, orWere part of a repealed model code, or Were legally adopted but after July 1, 1999Were legally adopted but after July 1, 1999

4141

UCC / ZoningUCC / Zoning

In those jurisdictions that have zoning and/or land use In those jurisdictions that have zoning and/or land use ordinances, zoning and/or land use approval is always the ordinances, zoning and/or land use approval is always the first step and must occur before an UCC permit may be first step and must occur before an UCC permit may be issued issued

Zoning always take priority over the UCC or any building Zoning always take priority over the UCC or any building code ordinancecode ordinance

Zoning can restrict particular types of structures on Zoning can restrict particular types of structures on particular parcels and other land use issues such as particular parcels and other land use issues such as setbackssetbacks

Zoning DOES NOT determine design & construction Zoning DOES NOT determine design & construction requirements requirements

4242

UCC / Zoning UCC / Zoning

Once zoning and/or land use approval has Once zoning and/or land use approval has been granted, the UCC applies to the been granted, the UCC applies to the design and construction of all structures design and construction of all structures approved by zoningapproved by zoning

Some common areas of overlap include: Some common areas of overlap include: Accessory structuresAccessory structures DecksDecks FencesFences Swimming pools, spas and hot tubsSwimming pools, spas and hot tubs

4343

UCC / ZoningUCC / Zoning

Where zoning exists, both zoning and Where zoning exists, both zoning and UCC permits will be required in many UCC permits will be required in many casescases

They regulate two different functionsThey regulate two different functions

4444

UCC / Property MaintenanceUCC / Property Maintenance

The UCC did not adopt the ICC Property The UCC did not adopt the ICC Property Maintenance CodeMaintenance Code

Municipalities may adopt ANY property Municipalities may adopt ANY property maintenance code by local ordinancemaintenance code by local ordinance

Property maintenance codes are not Property maintenance codes are not intended to be more restrictive than any intended to be more restrictive than any building code requirement under the building code requirement under the UCCUCC

4545

UCC / Property MaintenanceUCC / Property Maintenance

Property maintenance codes are designed Property maintenance codes are designed to “maintain property” in order to avoid life, to “maintain property” in order to avoid life, health and public safety issues from health and public safety issues from developingdeveloping

If an issue is addressed in the UCC or an If an issue is addressed in the UCC or an adopted I-code and also in the local adopted I-code and also in the local property maintenance code, the UCC and property maintenance code, the UCC and the adopted I-codes prevail, not property the adopted I-codes prevail, not property maintenancemaintenance

Where conflicts exist between the UCC and Where conflicts exist between the UCC and municipal ordinances, the UCC prevailsmunicipal ordinances, the UCC prevails

4646

BOARD BOARD

OF OF

APPEALSAPPEALS

4747

Board of AppealsBoard of AppealsAct 157Act 157

Fee for an appeal may not exceed Fee for an appeal may not exceed the actual costs of:the actual costs of: Public notice of the hearingPublic notice of the hearing Appearance fee for the court reporterAppearance fee for the court reporter Administrative fees as necessaryAdministrative fees as necessary

4848

Board of AppealsBoard of AppealsAct 157Act 157

For an appeal, request for variance or For an appeal, request for variance or extension of time involving a one or two extension of time involving a one or two family dwellingfamily dwelling Hearing shall be convened within 30 days of Hearing shall be convened within 30 days of

filing of the appealfiling of the appeal Written decision to all parties within 5 days of Written decision to all parties within 5 days of

the last hearing (10 days for Philadelphia)the last hearing (10 days for Philadelphia) If Board of Appeals does not act within these If Board of Appeals does not act within these

time frames, the appeal is deemed to be time frames, the appeal is deemed to be grantedgranted

4949

Board of AppealsBoard of AppealsR403.121(a & d) S501(c)(1)R403.121(a & d) S501(c)(1)

All opt-in municipalities must All opt-in municipalities must establish an Appeals Board (a)establish an Appeals Board (a)

Members are appointed by the Members are appointed by the governing body (a) governing body (a)

Regional or multi-governmental Regional or multi-governmental Boards are acceptable (d)Boards are acceptable (d)

5050

Board of AppealsBoard of AppealsR403.121(b) S501(c)R403.121(b) S501(c)

(2)(2) Shall hear and rule on:Shall hear and rule on:

Appeals Appeals Requests for variances (case specific Requests for variances (case specific

modifications)modifications) Requests for extension of time to comply with Requests for extension of time to comply with

enforcement ordersenforcement orders

Request for appeal shall be based on:Request for appeal shall be based on: The Act or the UCC has been incorrectly The Act or the UCC has been incorrectly

interpretedinterpreted The Act or the UCC do not apply The Act or the UCC do not apply An equivalent form of construction was proposed An equivalent form of construction was proposed

and rejectedand rejected

5151

Board of AppealsBoard of AppealsR403.121(c) S501(c)(1 & R403.121(c) S501(c)(1 &

3)3)

Board members must be qualified by training and Board members must be qualified by training and experience in building, design, construction, experience in building, design, construction, engineering, etc.engineering, etc. Architects, Engineers, Experience in Construction Architects, Engineers, Experience in Construction

Industry, Training or Experience as an Inspector or Plan Industry, Training or Experience as an Inspector or Plan ReviewerReviewer

Elected municipal officials and code administrators Elected municipal officials and code administrators cannot serve in the same jurisdiction in which they cannot serve in the same jurisdiction in which they are employed/elected.are employed/elected.

Appeals Board members can be from outside the Appeals Board members can be from outside the municipalitymunicipality

5252

Board of AppealsBoard of AppealsR403.121(e-g) & R403.43(j)R403.121(e-g) & R403.43(j)

Refrain from conflict of interest Refrain from conflict of interest (e)(e)

Operate under the Sunshine Act Operate under the Sunshine Act (f)(f)

L& I will hear ALL accessibility –related appeals L& I will hear ALL accessibility –related appeals (Accessibility Advisory Board) (Accessibility Advisory Board) (g) (R403.43(j))(g) (R403.43(j))

L & I will serve as Appeals Board for all non-L & I will serve as Appeals Board for all non-residential appeals in municipalities that opt out residential appeals in municipalities that opt out (elect to not enforce the UCC)(elect to not enforce the UCC)

There is There is NO APPEALS PROCESSNO APPEALS PROCESS for residential in for residential in municipalities that opt outmunicipalities that opt out

5353

Board of AppealsBoard of AppealsAccessibility IssuesAccessibility Issues

Building Code Officials MAY NOT grant Building Code Officials MAY NOT grant modifications for any accessibility related issuemodifications for any accessibility related issue

Boards of Appeal MAY NOT grant modifications or Boards of Appeal MAY NOT grant modifications or entertain appeals for any accessibility related entertain appeals for any accessibility related issueissue

All requests for appeals and variances All requests for appeals and variances (modifications) must be filed directly with the (modifications) must be filed directly with the Accessibility Advisory Board in HarrisburgAccessibility Advisory Board in Harrisburg

The BCO is expected to assist the appellant with The BCO is expected to assist the appellant with appropriate information in order to file an appeal appropriate information in order to file an appeal with the Accessibility Advisory Boardwith the Accessibility Advisory Board

5454

Board of AppealsBoard of AppealsSummarySummary

Municipalities are expected to establish a fee for Municipalities are expected to establish a fee for Appeals that is adequate to cover the costs Appeals that is adequate to cover the costs associated with hearing the appealassociated with hearing the appeal

Fees should not be unreasonably high so as to Fees should not be unreasonably high so as to discourage legitimate appeals discourage legitimate appeals

Property owners in the municipality should be Property owners in the municipality should be able to afford filing an appeal able to afford filing an appeal

Stenographers are required if a hearing is held, Stenographers are required if a hearing is held, per the Sunshine Actper the Sunshine Act

PCCA has a half-day training program for Board of PCCA has a half-day training program for Board of Appeals offered as a Workshop-by RequstAppeals offered as a Workshop-by Requst

5555

Building Code OfficialBuilding Code Official

UCC allows a “registered” Building Code UCC allows a “registered” Building Code Official until Official until

4/8/074/8/07

To protect the best interests of the To protect the best interests of the municipality, they should be certified municipality, they should be certified NOWNOW

While you may have more than 1 certified While you may have more than 1 certified BCO, there must beBCO, there must be ONLY ONE DESIGNATED ONLY ONE DESIGNATED BCOBCO

5656

DesignatedDesignated Building Code Building Code OfficialOfficial

THETHE person legally responsible for person legally responsible for lawful administration & enforcement of lawful administration & enforcement of the UCCthe UCC

Source of all formal communicationSource of all formal communication Must respond to all complaints & audit Must respond to all complaints & audit

requests from L & I requests from L & I Responsible for DCED-13 report and Responsible for DCED-13 report and

fee transmittalsfee transmittals

5757


Review the Review the “Change of BCO”“Change of BCO” form form

Can be found on Labor & Industry’s Can be found on Labor & Industry’s websitewebsite

5858


If you have multiple Third Party Agencies If you have multiple Third Party Agencies working in your municipality, do you have working in your municipality, do you have ONE DESIGNATED BCOONE DESIGNATED BCO that has that has accountability?accountability?

Or…..is the BCO function unclear and Or…..is the BCO function unclear and being handled by multiple Third Parties?being handled by multiple Third Parties?

You shall appoint (designate) only one You shall appoint (designate) only one BCO and notify the DepartmentBCO and notify the Department of Labor of Labor and Industry of that appointmentand Industry of that appointment

5959

^̂

ENFORCEMENTENFORCEMENT

ACTIONSACTIONS

6060

Enforcement ActionsEnforcement Actions

The goal of the UCC is voluntary compliance, The goal of the UCC is voluntary compliance, not punitive actionnot punitive action

The enforcement actions described in this The enforcement actions described in this section constitute the suggested section constitute the suggested administrative process for a BCO to undertake administrative process for a BCO to undertake when voluntary compliance is not achievedwhen voluntary compliance is not achieved

Filing Non-Traffic Citations & Private Criminal Filing Non-Traffic Citations & Private Criminal Complaints instead of pursuing administrative Complaints instead of pursuing administrative due process is inconsistent with the intent of due process is inconsistent with the intent of the Uniform Construction Code the Uniform Construction Code

6161

Enforcement ActionsEnforcement Actions

Filing Non-Traffic Citations & Private Filing Non-Traffic Citations & Private Criminal Complaints to achieve Criminal Complaints to achieve compliance should be the compliance should be the LAST REMEDYLAST REMEDY employed, when all other attempts at employed, when all other attempts at voluntary compliance have failedvoluntary compliance have failed

Safe, compliant structures, not levied Safe, compliant structures, not levied fines & penalties is the purpose for fines & penalties is the purpose for having a uniform set of codes and having a uniform set of codes and standardsstandards

6262

Working Without A PermitWorking Without A Permit

When a BCO discovers that work is When a BCO discovers that work is “underway” and that a permit was not “underway” and that a permit was not applied for or obtained, the applied for or obtained, the appropriate course of action is:appropriate course of action is:

• Issue a Stop Work OrderIssue a Stop Work Order• Require a permit application Require a permit application

& appropriate & appropriate plans, plus feesplans, plus fees• Allow work to resume when Allow work to resume when

a permit has a permit has been issuedbeen issued

6363

Working Without A PermitWorking Without A Permit

If someone ignores a Stop Work Order If someone ignores a Stop Work Order when they have been working without when they have been working without a permit, the appropriate next step a permit, the appropriate next step would be:would be:

File an immediate action File an immediate action with the with the District Magistrate District Magistrate

6464

Completed Work Without a Completed Work Without a PermitPermit

If a BCO discovers that work requiring a If a BCO discovers that work requiring a permit was performed without a permit being permit was performed without a permit being applied for and granted, the appropriate applied for and granted, the appropriate course of action would be:course of action would be:

• Issue a Notice of ViolationIssue a Notice of Violation• Require a permit application & appropriate Require a permit application & appropriate

plans, plus feesplans, plus fees• Conduct all necessary inspectionsConduct all necessary inspections• Issue additional Notices of Violation, if Issue additional Notices of Violation, if

appropriateappropriate• Follow the usual sequence for Notices of Follow the usual sequence for Notices of

ViolationViolation• Consider a Notice to Vacate if owner refuses to Consider a Notice to Vacate if owner refuses to

correct violationscorrect violations

6565

Unsafe Building or Unsafe Building or EquipmentEquipment

Administrative Process Administrative Process RequiredRequired BCO shall act in accordance with R403.84 if an BCO shall act in accordance with R403.84 if an

unsafe conditionunsafe condition exists exists

BCO may determine unsafe conditions to include:BCO may determine unsafe conditions to include: Inadequate egressInadequate egress Inadequate light/ventilationInadequate light/ventilation Fire hazardsFire hazards Other dangers to life or public welfareOther dangers to life or public welfare Illegal or improper occupancyIllegal or improper occupancy Inadequate maintenanceInadequate maintenance Building is vacant and not secured against entryBuilding is vacant and not secured against entry

6666

Unsafe Building or EquipmentUnsafe Building or EquipmentAdministrative Process Administrative Process

RequiredRequired BCO shall issue BCO shall issue Order to VacateOrder to Vacate if they determine if they determine

an unsafe condition existsan unsafe condition exists

Notice served on owner or agent or person in Notice served on owner or agent or person in control of building or equipment by certified mail control of building or equipment by certified mail or personal serviceor personal service Must specify the unsafe conditionMust specify the unsafe condition Must specify required repairs or improvementsMust specify required repairs or improvements

Notice posted at entrance of building or on Notice posted at entrance of building or on equipment if service cannot be accomplishedequipment if service cannot be accomplished

6767

Unsafe Building or EquipmentUnsafe Building or EquipmentAdministrative Process Administrative Process

RequiredRequired BCO shall post notice at each entrance that BCO shall post notice at each entrance that

building is unsafe & occupancy prohibited building is unsafe & occupancy prohibited

BCO may not rescind an Order to Vacate BCO may not rescind an Order to Vacate until the unsafe condition is corrected until the unsafe condition is corrected

6868

TRAININGTRAINING

& &

CERTIFICATION ISSUESCERTIFICATION ISSUES

6969

Certification & Testing Certification & Testing RequirementsRequirements

L & I Certification BookletL & I Certification Booklet Testing AgenciesTesting Agencies Which exams for which certificationsWhich exams for which certifications How to register for examinationsHow to register for examinations How to apply to the Department:How to apply to the Department:

For CertificationFor Certification For Testing WaiversFor Testing Waivers

Fees and Forms to completeFees and Forms to complete

7070

Certification RequiredCertification RequiredR401.3 S701(a-b)R401.3 S701(a-b)

Code officials can only perform duties for Code officials can only perform duties for which they hold certifications:which they hold certifications: Plan ReviewsPlan Reviews InspectionsInspections Administration and Enforcement of the UCC (BCO)Administration and Enforcement of the UCC (BCO)

Approving plans or doing inspections relating Approving plans or doing inspections relating to accessibility provisions (commercial) may to accessibility provisions (commercial) may be performed only by someone certified as an be performed only by someone certified as an Accessibility Inspector/Plans Examiner.Accessibility Inspector/Plans Examiner.

7171

Certifications Certifications R401.6-7 S701(a-b)R401.6-7 S701(a-b)

12 Commercial Certification Categories12 Commercial Certification Categories

Including AccessibilityIncluding Accessibility

5 Residential Certification Categories5 Residential Certification Categories

Building Code Official (Code Building Code Official (Code Administrator)Administrator)

7272

Residential Categories Residential Categories R401.6-7 S701(b)R401.6-7 S701(b)

Certifications:Certifications:Building inspectorBuilding inspectorElectrical inspectorElectrical inspectorMechanical inspectorMechanical inspectorPlumbing inspectorPlumbing inspectorEnergy inspector / plans examinerEnergy inspector / plans examiner

Note:Note: There is There is NOTNOT a separate Residential Plan a separate Residential Plan Review Certification. Review Certification.

7373

Residential Categories Residential Categories R401.6-7 S701(b)R401.6-7 S701(b)

Certified Residential Inspectors may Certified Residential Inspectors may perform residential plan reviews in the perform residential plan reviews in the same disciplines for which they hold same disciplines for which they hold certificationscertifications

Example :Example : Residential Plumbing Inspector Residential Plumbing Inspector may perform Residential Plumbing Plan may perform Residential Plumbing Plan Reviews Reviews

7474

Certification ReciprocityCertification Reciprocity

Persons who obtain Persons who obtain commercial inspection commercial inspection certificationscertifications may perform inspections in may perform inspections in the same residential disciplines without the same residential disciplines without having to obtain residential certifications.having to obtain residential certifications.

Example: Commercial Plumbing InspectorExample: Commercial Plumbing Inspector

may perform Residential Plumbing may perform Residential Plumbing

InspectionsInspections

7575

Commercial Commercial Plan ReviewPlan Review CategoriesCategories

R401.6-7 S701(a-b)R401.6-7 S701(a-b)

Certifications:Certifications:

Building plans examinerBuilding plans examiner

Electrical plans examinerElectrical plans examiner

Mechanical plans examinerMechanical plans examiner

Plumbing plans examinerPlumbing plans examiner

Energy plans examinerEnergy plans examiner

* Accessibility inspector/plans * Accessibility inspector/plans examinerexaminer

7676

Commercial Commercial Inspection Inspection CategoriesCategoriesR401.6-7 S701(a-b)R401.6-7 S701(a-b)

Certifications:Certifications:Building inspectorBuilding inspectorFire inspectorFire inspectorElectrical inspectorElectrical inspectorMechanical inspectorMechanical inspectorPlumbing inspectorPlumbing inspectorEnergy inspectorEnergy inspector

* Accessibility inspector/plans * Accessibility inspector/plans examinerexaminer

7777

Accessibility CertificationAccessibility Certification

Only a Certified Accessibility Plans Only a Certified Accessibility Plans Examiner / Inspector is allowed to review Examiner / Inspector is allowed to review and approve commercial plans and conduct and approve commercial plans and conduct inspections on commercial structures inspections on commercial structures

For those aspects of the plans / inspections For those aspects of the plans / inspections that specifically address accessibility that specifically address accessibility provisions and requirements of the UCCprovisions and requirements of the UCC

7878


Labor & Industry has found in its initial Labor & Industry has found in its initial set of audits that many municipalities set of audits that many municipalities are allowing a code official without are allowing a code official without Accessibility Certification to perform plan Accessibility Certification to perform plan reviews and do inspections for reviews and do inspections for Accessibility IssuesAccessibility Issues

Labor & Industry can take enforcement Labor & Industry can take enforcement action against the Designated BCO or action against the Designated BCO or the municipality if this practice continuesthe municipality if this practice continues

7979


A municipality that does not employ or A municipality that does not employ or contract with a construction code official contract with a construction code official that has their Accessibility Certification that has their Accessibility Certification mustmust

Refer all commercial permit applicants to L Refer all commercial permit applicants to L & I in Harrisburg for plan review, approval & I in Harrisburg for plan review, approval and inspections for all accessibility and inspections for all accessibility elements in a proposed projectelements in a proposed project

8080


Quite a number of municipalities and code Quite a number of municipalities and code officials do not seem to be aware that officials do not seem to be aware that accessibility issues are almost always accessibility issues are almost always present for ANY permit application present for ANY permit application involving a commercial structureinvolving a commercial structure

Change of Use and Change of Occupancy Change of Use and Change of Occupancy are the two situations when permits are are the two situations when permits are required that Accessibility is most often required that Accessibility is most often overlookedoverlooked

8181

Certification RenewalCertification RenewalR401.8R401.8

Required every three yearsRequired every three years

Must submit to the Department:Must submit to the Department: ApplicationApplication $50.00 Fee$50.00 Fee Documentation of approved continuing Documentation of approved continuing

education attended complete with the required education attended complete with the required number of credit hoursnumber of credit hours

Obtain most recent copy of Certification Obtain most recent copy of Certification Renewal BookletRenewal Booklet

8282

Continuing Education Continuing Education R401.9 S701(f)R401.9 S701(f)

To maintain (renew certifications):To maintain (renew certifications):

15 credit hours per certification (1 credit hour 15 credit hours per certification (1 credit hour = 60 hours of classroom time)= 60 hours of classroom time)

Maximum of 45 credit hours requiredMaximum of 45 credit hours required 1/3 of hours must relate to current 1/3 of hours must relate to current

certifications heldcertifications held Approved CE providersApproved CE providers

OR…. OR…. Obtain at least 1 new certificationObtain at least 1 new certification (fulfills (fulfills all CE obligations)all CE obligations)

8383

“Grandfathering” of Existing Code Officials

““Grandfathering” is referred to Grandfathering” is referred to

in the Act and Regulations as:in the Act and Regulations as:

Registration Of Current Registration Of Current

Code AdministratorsCode Administrators

8484

Grandfathering of Current Code Administrators

R401.15(a-c) S701(e)(1-2)

Residential - Residential - Expired April 9, 2007Expired April 9, 2007

Commercial – Expires April 9, 2009Commercial – Expires April 9, 2009

8585

Grandfathering of Current Code Administrators

R401.15(a-c) S701(e)(1-2)

A grandfathered (registered) code A grandfathered (registered) code

official official cannotcannot do any accessibility plan do any accessibility plan reviews or inspections unless they have reviews or inspections unless they have their Accessibility Certificationtheir Accessibility Certification

Accessibility is a much broader issue Accessibility is a much broader issue than many people are aware than many people are aware

8686

Residential GrandfatheringR401.15(a-c) S701(e)(1-2) Residential - Residential - Expired April 9, 2007Expired April 9, 2007

After this date, you can only do After this date, you can only do residential plan reviews or inspections in residential plan reviews or inspections in those disciplines for which you have those disciplines for which you have residential or commercial certificationsresidential or commercial certifications

You can not function as a Building Code You can not function as a Building Code Official after this date unless you have Official after this date unless you have obtained the BCO Certificationobtained the BCO Certification

8787

Commercial GrandfatheringR401.15(a-c) S701(e)(1-2)

Commercial - Expires April 9, 2009Commercial - Expires April 9, 2009

After this date, you can only do After this date, you can only do commercial plan reviews or commercial plan reviews or inspections in those disciplines for inspections in those disciplines for which you have commercial which you have commercial certificationscertifications

8888

^̂

MISCELLANEOUS MISCELLANEOUS

ISSUESISSUES

8989

Manufactured HousingManufactured HousingAct 158 of 2004Act 158 of 2004

All installers of NEW manufactured All installers of NEW manufactured housing must be certified & provide housing must be certified & provide Certificates of Completion to BCO Certificates of Completion to BCO (effective 8/23/06)(effective 8/23/06)

Must comply with the UCC permit processMust comply with the UCC permit process

All Code officials who inspect NEW All Code officials who inspect NEW manufactured housing must attend manufactured housing must attend training every 3 yearstraining every 3 years

9090

Manufactured HousingManufactured HousingAct 158 of 2004Act 158 of 2004

BCO may not issue a Certificate of BCO may not issue a Certificate of Occupancy unless they have received a Occupancy unless they have received a Certificate of Completion prepared by a Certificate of Completion prepared by a Certified Installer Certified Installer (effective 8/23/06)(effective 8/23/06)

Any concerns about installation of new Any concerns about installation of new manufactured housing should be directed to:manufactured housing should be directed to: Mark Conte, ChiefMark Conte, Chief

Housing Standards DivisionHousing Standards [email protected]@state.pa.us

717-720-7416717-720-7416

mailto:[email protected]

9191

TRAININGTRAINING

RESOURCESRESOURCES

9292

PCCA Course Schedule Most current listings always Most current listings always

available:available:

www.paconstructioncodesacademy.orwww.paconstructioncodesacademy.orgg

On-line registration is availableOn-line registration is available

9393

PCCA Workshops-by-Request

Any PCCA course may also be delivered as a Any PCCA course may also be delivered as a

workshop-by-request. To hold a work shop the workshop-by-request. To hold a work shop the organization requesting the work shop organization requesting the work shop provides:provides:

A minimum or twenty peopleA minimum or twenty people A classroom style facilityA classroom style facility A/V screenA/V screen Refreshments (optional)Refreshments (optional)

PCCA will provide qualified instructors, training PCCA will provide qualified instructors, training materials and certificates of completion.materials and certificates of completion.

Helps to eliminate travel & overnight costs for Helps to eliminate travel & overnight costs for attendeesattendees

9494

PCCA Workshops-by-Request

To schedule a workshop-by-To schedule a workshop-by-

request, please contact:request, please contact:

Mitch HoffmanMitch Hoffman

Governor’s Center for Local Government Governor’s Center for Local Government ServicesServices

717-763-0930717-763-0930

[email protected]@state.pa.us

9595

ICC Certifications & TrainingICC Certifications & Training

Questions regarding ICC Certification, Questions regarding ICC Certification, Courses, Seminars, Workshops, Exam Courses, Seminars, Workshops, Exam prep materials and Self-study courses:prep materials and Self-study courses:

International Code CouncilInternational Code Council

www.iccsafe.orgwww.iccsafe.org 800-214-4321800-214-4321

9696

^̂

RESOURCESRESOURCES

9797

L&I UCC WebsiteL&I UCC Website Act 45Act 45 Training & Certification RegulationsTraining & Certification Regulations Links to Training ResourcesLinks to Training Resources Lists of Certified Third PartiesLists of Certified Third Parties Proposed Municipal Amendments to UCCProposed Municipal Amendments to UCC

www.dli.state.pa.us/codeswww.dli.state.pa.us/codes

9898

Certification and RenewalsCertification and Renewals

Specific questions regarding status Specific questions regarding status of certification or renewals:of certification or renewals:

Department of Labor and IndustryDepartment of Labor and Industry

717-772-3396717-772-3396

9999

Technical AssistanceTechnical AssistanceAct 92 Section 501(g)Act 92 Section 501(g)

Governor’s Center for Local Government Governor’s Center for Local Government Services of the Department of Community and Services of the Department of Community and Economic Development designated as primary Economic Development designated as primary agency for providing UCC Technical Assistance agency for providing UCC Technical Assistance to municipalities.to municipalities.

ImplementationImplementation AdministrationAdministration Enforcement Enforcement

100100

Shared MunicipalShared MunicipalServices ProgramServices Program

Provided by Governor’s Center for Local Government Provided by Governor’s Center for Local Government ServicesServices

Matching funds for new or expanded joint code Matching funds for new or expanded joint code enforcement programsenforcement programs

Funding available for joint administration in low-to- Funding available for joint administration in low-to- moderate-income communitiesmoderate-income communities

888-223-6837888-223-6837

The Pennsylvania Uniform Construction Code

Documents

Transcript of The Pennsylvania Uniform Construction Code