11

Newly Elected Officials CourseNewly Elected Officials CourseJanuary 15, 2008January 15, 2008

Cindy L. DavisCindy L. Davis

22

The Uniform The Uniform Construction CodeConstruction Code

OverviewOverview

ofof

Act 45Act 45

as Amendedas Amended

33

Implementation HistoryImplementation History

Signed into law by Governor Ridge on November 3, Signed into law by Governor Ridge on November 3, 1999.1999.

Final Training and Certification Regulations became Final Training and Certification Regulations became effective effective July 12, 2002July 12, 2002

Final Administrative and Enforcement Regulations Final Administrative and Enforcement Regulations published in the PA Bulletin published in the PA Bulletin

January 10, 2004January 10, 2004

Uniform Construction Code’s Effective Date wasUniform Construction Code’s Effective Date was April 9, April 9, 20042004

44

WHY?WHY?

The General Assembly made the following findings:

55

FINDINGSFINDINGS

(1) Many municipalities within this (1) Many municipalities within this Commonwealth have no construction Commonwealth have no construction codes to provide for the protection of life, codes to provide for the protection of life, health, property and the environment and health, property and the environment and for the safety and welfare of the consumer, for the safety and welfare of the consumer, general public and the owners and general public and the owners and occupants of buildings and structures. occupants of buildings and structures. Consumers and occupants may be at risk Consumers and occupants may be at risk from substandard construction.from substandard construction.

66

Findings Cont’dFindings Cont’d

(2) Likewise, in some regions of this (2) Likewise, in some regions of this Commonwealth a multiplicity of construction Commonwealth a multiplicity of construction codes currently exist and some of these codes codes currently exist and some of these codes may contain cumulatively needless requirements may contain cumulatively needless requirements which limit the use of certain materials, which limit the use of certain materials, techniques or products and lack benefits to the techniques or products and lack benefits to the public. Moreover, the variation of construction public. Moreover, the variation of construction standards caused by the multiplicity of codes standards caused by the multiplicity of codes may slow the process of construction and may slow the process of construction and increase the costs of construction. increase the costs of construction.

77

Findings Cont’dFindings Cont’d

(3) The way to insure uniform, modern (3) The way to insure uniform, modern construction standards and regulations construction standards and regulations throughout this Common-wealth is to throughout this Common-wealth is to adopt a Uniform Construction Code. adopt a Uniform Construction Code.

88

Findings Cont’dFindings Cont’d

(4) The model code of the Building Officials and (4) The model code of the Building Officials and Code Administrators International, Inc. (BOCA), Code Administrators International, Inc. (BOCA), is a construction code which has been widely is a construction code which has been widely adopted in this Commonwealth and in the adopted in this Commonwealth and in the geographical region of the United States of geographical region of the United States of which this Commonwealth is a part. Adoption of which this Commonwealth is a part. Adoption of a nationally recognized code will insure that this a nationally recognized code will insure that this Commonwealth has a uniform, modern Commonwealth has a uniform, modern construction code which will insure safety, health construction code which will insure safety, health and sanitary construction. and sanitary construction.

99

INTENT AND PURPOSEINTENT AND PURPOSE

It is the intent of the General Assembly It is the intent of the General Assembly and the purpose of this act: and the purpose of this act:

1010

PURPOSEPURPOSE

(1) To provide standards for the protection (1) To provide standards for the protection of life, health, property and environment of life, health, property and environment and for the safety and welfare of the and for the safety and welfare of the consumer, general public and the owners consumer, general public and the owners and occupants of buildings and structures.and occupants of buildings and structures.

1111

PURPOSE CONT’DPURPOSE CONT’D

(2) To encourage standardization and (2) To encourage standardization and economy in construction by providing economy in construction by providing requirements for construction and requirements for construction and construction materials consistent with construction materials consistent with nationally recognized standards. nationally recognized standards.

1212

PURPOSE CONT’DPURPOSE CONT’D

(3) To permit to the fullest extent feasible (3) To permit to the fullest extent feasible the use of state-of-the-art technical the use of state-of-the-art technical methods, devices and improvements methods, devices and improvements consistent with reasonable requirements consistent with reasonable requirements for the health, safety and welfare of for the health, safety and welfare of occupants or users of buildings and occupants or users of buildings and structures. structures.

1313

PURPOSE CONT’DPURPOSE CONT’D

(4) To eliminate existing codes to the extent that (4) To eliminate existing codes to the extent that these codes are restrictive, obsolete, conflicting these codes are restrictive, obsolete, conflicting and contain duplicative construction regulations and contain duplicative construction regulations that tend to unnecessarily increase costs or that tend to unnecessarily increase costs or retard the use of new materials, products or retard the use of new materials, products or methods of construction or provide preferential methods of construction or provide preferential treatment to certain types or classes of materials treatment to certain types or classes of materials or methods of construction. or methods of construction.

1414

PURPOSE CONT’D PURPOSE CONT’D

(5) To eliminate unnecessary duplication (5) To eliminate unnecessary duplication of effort and fees related to the review of of effort and fees related to the review of construction plans and the inspection of construction plans and the inspection of construction projects. construction projects.

1515

PURPOSE CONT’DPURPOSE CONT’D

(6) To assure that officials charged with (6) To assure that officials charged with the administration and enforcement of the the administration and enforcement of the technical provisions of this act are technical provisions of this act are adequately trained and supervised. adequately trained and supervised.

1616

PURPOSE CONT’DPURPOSE CONT’D

(7) To insure that existing Commonwealth laws and regulations, (7) To insure that existing Commonwealth laws and regulations, including those which would be repealed or rescinded by this act, including those which would be repealed or rescinded by this act, would be fully enforced during the transition to Statewide would be fully enforced during the transition to Statewide administration and enforcement of a Uniform Construction Code. administration and enforcement of a Uniform Construction Code. Further, it is the intent of this act that the Uniform Construction Code Further, it is the intent of this act that the Uniform Construction Code requirements for making buildings accessible to and usable by requirements for making buildings accessible to and usable by persons with disabilities do not diminish from those requirements persons with disabilities do not diminish from those requirements previously in effect under the former provisions of the act of previously in effect under the former provisions of the act of September 1, 1965 (P.L. 459, No. 235), entitled, as amended, “An September 1, 1965 (P.L. 459, No. 235), entitled, as amended, “An act requiring that certain buildings and facilities adhere to certain act requiring that certain buildings and facilities adhere to certain principles, standards and specifications to make the same principles, standards and specifications to make the same accessible to and usable by persons with physical handicaps, and accessible to and usable by persons with physical handicaps, and providing for enforcement.” providing for enforcement.”

1717

PURPOSE CONT’DPURPOSE CONT’D

(8) To start a process leading to the design, (8) To start a process leading to the design, construction and alteration of buildings construction and alteration of buildings under a uniform standard. under a uniform standard.

1818

The Pennsylvania The Pennsylvania Construction Code Act (Act 45 Construction Code Act (Act 45 of 1999) established the basic of 1999) established the basic requirements for the Uniform requirements for the Uniform

Construction Code. It has Construction Code. It has been altered nine times since been altered nine times since

becoming law by:becoming law by:

1919

What is a Building Code Official What is a Building Code Official (BCO)?(BCO)?

R401.1 DefinitionsR401.1 Definitions

An individual certified by the Department An individual certified by the Department of Labor and Industry to manage, of Labor and Industry to manage, supervise and administer the Uniform supervise and administer the Uniform Construction CodeConstruction Code

2020

What is a BCO?What is a BCO?R403.3R403.3

All municipalities enforcing the UCC must All municipalities enforcing the UCC must designate a Building Code Official (certified by designate a Building Code Official (certified by the Department) to serve as its UCC the Department) to serve as its UCC AdministratorAdministrator The BCO assumes overall responsibility for The BCO assumes overall responsibility for

the the PROPER and LAWFULPROPER and LAWFUL enforcement of enforcement of the UCC in the municipality.the UCC in the municipality.

Regardless of the number of employees Regardless of the number of employees certified, only one is the BCO of record.certified, only one is the BCO of record.

2121

What is a BCO?What is a BCO?R403.3R403.3

A third party agency offering services in non-A third party agency offering services in non-enforcing municipalities must designate a enforcing municipalities must designate a certified BCO to provide code administration certified BCO to provide code administration and enforcement activities.and enforcement activities.

A BCO may delegate duties to a construction A BCO may delegate duties to a construction code official or a current code administrator.code official or a current code administrator.

2222

DefinitionsDefinitionsS103S103

Construction Code OfficialConstruction Code Official An individual An individual certified or registeredcertified or registered by the by the

Department in an appropriate category to Department in an appropriate category to perform plan review of construction perform plan review of construction documents, inspect construction or documents, inspect construction or administer and enforce codes and administer and enforce codes and regulations.regulations.

2323

DefinitionsDefinitionsS103S103

Construction Code OfficialConstruction Code Official

This could include:This could include: A BCO (Building Code Official)A BCO (Building Code Official) A person with one or more Inspection CertificationsA person with one or more Inspection Certifications A person with one or more Plans Examiner A person with one or more Plans Examiner

CertificationsCertifications A person with Commercial or Residential RegistrationA person with Commercial or Residential Registration

2424

Training & CertificationTraining & Certification

RegulationsRegulations

2525

Registration of Current Code Administrators

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

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

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

2626

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

Certification in categories applicable to work to Certification in categories applicable to work to be performed is required for:be performed is required for: Plan ReviewsPlan Reviews InspectionsInspections Administration and Enforcement of the UCC (BCO)Administration and Enforcement of the UCC (BCO)

Approval of plans or inspections relating to Approval of plans or inspections relating to accessibility provisions may be performed only accessibility provisions may be performed only by someone certified as an by someone certified as an Accessibility Accessibility SpecialistSpecialist

2727

Certification & RegistrationCertification & Registration

L & I will issue ID cards for registration and L & I will issue ID cards for registration and certification (listing applicable certifications) certification (listing applicable certifications) R401.4 & R401.15 S701(c)R401.4 & R401.15 S701(c)

L & I will maintain list of certified individuals L & I will maintain list of certified individuals and third parties (and the certifications they and third parties (and the certifications they hold) hold) R401.13 & S701(i)R401.13 & S701(i)

L & I will maintain list of registered individuals L & I will maintain list of registered individuals and third parties and third parties R401.13 & S701(i)R401.13 & S701(i)

2828

Certification & RegistrationCertification & Registration

Certifications are valid for 3 years from date of issue by Certifications are valid for 3 years from date of issue by L & I L & I R401.4R401.4

FeesFees R401.2 & S701(j)R401.2 & S701(j) Individual certification & renewal Individual certification & renewal $ 50 $ 50 Individual registration Individual registration $ 50$ 50 Third party certification & renewal Third party certification & renewal

(person or company)(person or company) $250$250 Fees are Fees are PER APPLICATIONPER APPLICATION

2929

Certification & Testing Certification & Testing 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 Administrator)Building Code Official (Code Administrator)

Elevator and Ropeway Certifications ( L&I only)Elevator and Ropeway Certifications ( L&I only)

3030

Certification ReciprocityCertification Reciprocity

Persons who obtain commercial certifications Persons who obtain commercial certifications may perform the same work in residential may perform the same work in residential categories without having to obtain residential categories without having to obtain residential certifications.certifications.

Example: Commercial Plumbing InspectorExample: Commercial Plumbing Inspector

may perform Residential Plumbing may perform Residential Plumbing

InspectionsInspections

3131

Certification RenewalCertification RenewalR401.8R401.8

Required every three yearsRequired every three years Must submit to the Department:Must submit to the Department:

ApplicationApplication FeesFees Documentation of required continuing educationDocumentation of required continuing education

If certification has lapsed more than one year, If certification has lapsed more than one year, applicant must re-apply for certification and applicant must re-apply for certification and provide evidence of successful exam completionprovide evidence of successful exam completion

3232

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

Must be met every three years to maintain Must be met every three years to maintain (renew) certification (re-certification)(renew) certification (re-certification)

15 credit hours per certification15 credit hours per certification

Maximum of 45 hours requiredMaximum of 45 hours required

1/3 of hours must relate to current certifications 1/3 of hours must relate to current certifications heldheld

3333

Third Party CertificationThird Party CertificationR401.11-12 S701(k)R401.11-12 S701(k)

Third parties acting as construction code Third parties acting as construction code officials must have current certificationofficials must have current certification Employees or agents are certified or Employees or agents are certified or

registered in the categories specific to the registered in the categories specific to the work performedwork performed

Evidence of $1 million errors & omissions Evidence of $1 million errors & omissions liability insuranceliability insurance

Changes re: employees & agents must be Changes re: employees & agents must be reported to L & I within 60 daysreported to L & I within 60 days

3434

ADMINISTRATIVEADMINISTRATIVE

RegulationsRegulations

3535

What does the UCC Cover?What does the UCC Cover?R403.1(a) R403.1(a) Act 92Act 92 S104(a) S104(a)

New Construction New Construction

AdditionsAdditions

Alteration (Commercial)Alteration (Commercial)

Structural AlterationStructural Alteration

(Residential)(Residential)

Repair (Commercial)Repair (Commercial)

DemolitionDemolition

LocationLocation

MaintenanceMaintenance

OccupancyOccupancy

Change of OccupancyChange of Occupancy

MovementMovement

EquipmentEquipment

RemovalRemoval

3636

Permits for What?Permits for What?

When the word permit is used in the UCC, it When the word permit is used in the UCC, it applies ONLY to permits for activities that are applies ONLY to permits for activities that are regulated by the UCCregulated by the UCC

Permits for Zoning, Land Use, and a variety of Permits for Zoning, Land Use, and a variety of other regulatory uses are other regulatory uses are SEPARATE FROMSEPARATE FROM the the UCC.UCC.

Zoning and Land Use Requirements Zoning and Land Use Requirements TAKE TAKE PRECEDENCEPRECEDENCE over the UCC over the UCC

3737

Manufactured HousingManufactured HousingR403.25(a) S901R403.25(a) S901

UCC does not apply to manufactured housing UCC does not apply to manufactured housing bearing a label certifying that it was built in bearing a label certifying that it was built in compliance with Housing and Community compliance with Housing and Community Development Act of 1974, except:Development Act of 1974, except:

Site PreparationSite Preparation Foundation ConstructionFoundation Construction Connection to UtilitiesConnection to Utilities

3838

Fee SchedulesFee SchedulesR401.2 S301(d)(2)R401.2 S301(d)(2)

Does the UCC establish fee schedules?Does the UCC establish fee schedules?

Not for municipalities or third partiesNot for municipalities or third parties

Only for L & I Plan Reviews / InspectionsOnly for L & I Plan Reviews / Inspections Commercial in Opt-out municipalitiesCommercial in Opt-out municipalities Accessibility unless municipality has a Accessibility unless municipality has a CertifiedCertified

Accessibility SpecialistAccessibility Specialist

3939

Fee SchedulesFee SchedulesAct 13Act 13

Act 13 of 2004 amended Act 45Act 13 of 2004 amended Act 45

Act 13 requires that a $2.00 fee be collected Act 13 requires that a $2.00 fee be collected for each UCC permit issued (S703)for each UCC permit issued (S703)

Fees to be collected by the Governor’s Center Fees to be collected by the Governor’s Center at DCED and put in restricted fund for the at DCED and put in restricted fund for the training of code officialstraining of code officials

4040

Adopted Codes Adopted Codes R403.21(a) S301R403.21(a) S301

International Building Code 2006 International Building Code 2006 Residential Code 2006Residential Code 2006 Mechanical Code 2006Mechanical Code 2006 Plumbing Code 2006Plumbing Code 2006 Electrical Code 2006Electrical Code 2006 Fuel Gas Code 2006Fuel Gas Code 2006 Fire Code 2006Fire Code 2006 Energy Conservation Code 2006Energy Conservation Code 2006 Existing Building Code 2006Existing Building Code 2006 Urban Wildland Interface Code 2006Urban Wildland Interface Code 2006

4141

Adopted Appendices Adopted Appendices R403.21 (a) & (c)R403.21 (a) & (c)

AE 501-503 and AE 601-605 of APPENDIX E of AE 501-503 and AE 601-605 of APPENDIX E of the International Residential Code the International Residential Code (relating to (relating to Manufactured Housing)Manufactured Housing)

All of APPENDIX G of the International Residential All of APPENDIX G of the International Residential Code Code (relating to Swimming Pools)(relating to Swimming Pools)

Appendix E of the International Building Code Appendix E of the International Building Code (relating to Supplemental Accessibility Requirements)(relating to Supplemental Accessibility Requirements)

Appendix H of the International Building Code Appendix H of the International Building Code (relating to Signs)(relating to Signs)

4242

Adopted AppendicesAdopted Appendices

Appendices in the ICC Codes adopted by the Appendices in the ICC Codes adopted by the UCC are NOT ADOPTED except those on the UCC are NOT ADOPTED except those on the prior slide.prior slide.

Municipalities may adopt any appendix in any Municipalities may adopt any appendix in any ICC code adopted by the UCC through its ICC code adopted by the UCC through its municipal ordinance process.municipal ordinance process.

Any appendix not adopted by the UCC or a Any appendix not adopted by the UCC or a municipality is not enforceable.municipality is not enforceable.

4343

Permit RequirementsPermit Requirements R403.42(a) R403.42(a) Act 92Act 92 S104(b)S104(b) R403.62(a) R403.62(a)

Commercial ResidentialCommercial Residential Application for permit is required unless:Application for permit is required unless:

Proposed work is Listed as an Exclusion Proposed work is Listed as an Exclusion under under 403.1(b) including amendments added 403.1(b) including amendments added by Act 92; orby Act 92; or

Proposed work is Exempted from Permit at Proposed work is Exempted from Permit at R403.42(c) (Commercial) or R403.62(c) R403.42(c) (Commercial) or R403.62(c) (Residential)(Residential)

4444

Permit RequirementsPermit Requirements**R403.42(b)R403.42(b) CommercialCommercial

Emergency Repairs or Replacement of Emergency Repairs or Replacement of EquipmentEquipment

May be performed without a Permit, ifMay be performed without a Permit, if

Permit is applied for within Permit is applied for within 33 business days business days

*May be amended*May be amended

4545

Permit RequirementsPermit RequirementsAAct 92ct 92

Act 92 has EXCLUDED all repairs and Act 92 has EXCLUDED all repairs and alterations for existing one and two family alterations for existing one and two family dwellings provided:dwellings provided:

Non structural changes and no change to means Non structural changes and no change to means of egressof egress

Municipalities may amend the UCC to establish Municipalities may amend the UCC to establish requirements for alterations and repairs pursuant requirements for alterations and repairs pursuant to Section 503 of Act 45to Section 503 of Act 45

4646

Commercial Annual PermitCommercial Annual PermitR403.42(f)R403.42(f)

BCO may issue Annual Permit instead of BCO may issue Annual Permit instead of individual permits for each alteration to an individual permits for each alteration to an already approved Electrical, Gas, already approved Electrical, Gas, Mechanical or Plumbing Installation if:Mechanical or Plumbing Installation if:

4747

Commercial Permit ApplicationsCommercial Permit ApplicationsR403.43(a) S502(a)(1)R403.43(a) S502(a)(1)

BCO shall grant or deny an application, in whole or part, BCO shall grant or deny an application, in whole or part, within 30 business dayswithin 30 business days of filing of filing

If denied, reasons must be in writing and sent to the If denied, reasons must be in writing and sent to the applicantapplicant

Applicant and BCO may agree to an extension of 30 day Applicant and BCO may agree to an extension of 30 day limitlimit

BCO may establish different deadlines for applications BCO may establish different deadlines for applications relating to historic districtsrelating to historic districts

4848

Residential Permit ApplicationsResidential Permit ApplicationsR403.63(a) S502(a)(1)R403.63(a) S502(a)(1)

BCO shall grant or deny an application, in whole or part, BCO shall grant or deny an application, in whole or part, within 15 business dayswithin 15 business days of filing of filing

If denied, reasons must be in writing and sent to the If denied, reasons must be in writing and sent to the applicantapplicant

Applicant and BCO may agree to an extension of 15 day Applicant and BCO may agree to an extension of 15 day limitlimit

Application is deemed approved if not acted upon within Application is deemed approved if not acted upon within 15 business days15 business days

4949

Commercial InspectionsCommercial Inspections**R403.45(a-d)R403.45(a-d)

Construction code official (CCO) shall inspect work to Construction code official (CCO) shall inspect work to ensure that it complies with permit and the UCC ensure that it complies with permit and the UCC (a)(a)

Permit holder or agent shall notify CCO when work is Permit holder or agent shall notify CCO when work is ready for inspection. Work shall remain accessible and ready for inspection. Work shall remain accessible and exposed for inspection. exposed for inspection. (c)(c)

Inspections may only occur during normal hours unless Inspections may only occur during normal hours unless permit holder or agent agree to times other than normal permit holder or agent agree to times other than normal hours hours (c)(c)

CCO shall notify permit holder if construction complies or CCO shall notify permit holder if construction complies or fails to comply fails to comply (d)(d)

*May be amended*May be amended

5050

Commercial InspectionsCommercial Inspections**R403.45(e)R403.45(e)

CCO shall conduct final inspection and file report CCO shall conduct final inspection and file report that the following met UCC requirements (per that the following met UCC requirements (per specifications of commercial certification specifications of commercial certification inspection categories at R401.7).inspection categories at R401.7).

In essence, this says that if one performs certain In essence, this says that if one performs certain inspections, they must be certified in applicable inspections, they must be certified in applicable category. (After registration expires)category. (After registration expires)

*May be amended*May be amended

5151

Commercial InspectionsCommercial Inspections**R403.45(e)(1-7)R403.45(e)(1-7)

Final inspection report shall ensure Final inspection report shall ensure compliance for:compliance for: General building General building 401.7(6)401.7(6) Electrical Electrical 401.7(7)401.7(7) Mechanical Mechanical 401.7(8)401.7(8) Plumbing Plumbing 401.7(9)401.7(9) Energy Conservation Energy Conservation 401.7(10)401.7(10) Accessibility Accessibility 401.7(11)401.7(11) Fire Fire 401.7(13)401.7(13)

5252

Residential InspectionsResidential Inspections**R403.64(d)R403.64(d)

A Construction Code Official (CCO) shall make A Construction Code Official (CCO) shall make following inspections and file reports relating to following inspections and file reports relating to compliance for:compliance for: Foundation InspectionFoundation Inspection Plumbing InspectionPlumbing Inspection Mechanical InspectionMechanical Inspection Electrical System InspectionElectrical System Inspection Frame InspectionFrame Inspection Masonry InspectionMasonry Inspection Wallboard InspectionWallboard Inspection

5353

Residential InspectionsResidential Inspections**R403.64(e-f)R403.64(e-f)

CCO may conduct other inspections to CCO may conduct other inspections to ascertain compliance with UCC or ascertain compliance with UCC or municipal ordinancesmunicipal ordinances

CCO shall conduct final inspection and file CCO shall conduct final inspection and file report that indicates compliance with the report that indicates compliance with the UCCUCC

*May be amended*May be amended

5454

Residential InspectionsResidential InspectionsR403.64(g) R403.103(f) S501(e)(3-4)R403.64(g) R403.103(f) S501(e)(3-4)

A Third Party Agency (TPA) under A Third Party Agency (TPA) under contract with a Permit Holder (opt out contract with a Permit Holder (opt out municipalities) shall submit a copy of the municipalities) shall submit a copy of the final inspection reportfinal inspection report to: to:

Property OwnerProperty Owner BuilderBuilder Lender designated by builderLender designated by builder

5555

Certificate of OccupancyCertificate of Occupancy**R403.46(a-b) * R403.65(a-b)R403.46(a-b) * R403.65(a-b)

Commercial ResidentialCommercial Residential

No building, structure or a portion thereof may No building, structure or a portion thereof may be occupied without a Certificate of Occupancy be occupied without a Certificate of Occupancy issued by a BCO. issued by a BCO. (a)(a)

A BCO shall issue a Certificate of Occupancy A BCO shall issue a Certificate of Occupancy within 5 business dayswithin 5 business days of receiving a final of receiving a final inspection report certifying compliance with the inspection report certifying compliance with the UCC. UCC. (b)(b)

*May be amended*May be amended

5656

MUNICIPAL ELECTIONMUNICIPAL ELECTION

REGULATIONSREGULATIONS

5757

Enforcement OptionsEnforcement OptionsR403.102(g) S501(b)(1-5)R403.102(g) S501(b)(1-5)

Employ a CCO and designate a BCOEmploy a CCO and designate a BCO

Contract with 1 or more third party agenciesContract with 1 or more third party agencies

Contract with another municipalityContract with another municipality

Utilize an intergovernmental agreementUtilize an intergovernmental agreement

5858

Enforcement OptionsEnforcement OptionsR403.102(g)R403.102(g)

Or Or ANY COMBINATIONANY COMBINATION of options shown of options shown on the previous slideon the previous slide

Designated BCO may be an employee, Designated BCO may be an employee, employee of another municipality or COG employee of another municipality or COG or employee/agent of a contracted TPAor employee/agent of a contracted TPA

5959

Municipal Amendment of UCCMunicipal Amendment of UCCR403.102(i-k) S503(b-i)R403.102(i-k) S503(b-i)

Municipality may amend UCC by enacting Municipality may amend UCC by enacting ordinance with standards that equal or exceed ordinance with standards that equal or exceed the UCC per S503the UCC per S503

Must provide Department with complete Must provide Department with complete ordinance and explanation of how the standards ordinance and explanation of how the standards in the ordinance meet or exceed the UCCin the ordinance meet or exceed the UCC

Department must review and approve the Department must review and approve the ordinanceordinance

6060

BOARD OF APPEALSBOARD OF APPEALS

REGULATIONSREGULATIONS

6161

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

All adopting municipalities must establish All adopting municipalities must establish an Appeals Board (a)an Appeals Board (a)

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

Joint (regional or multi-governmental) Joint (regional or multi-governmental) Boards are acceptable (d)Boards are acceptable (d)

6262

Board of AppealsBoard of AppealsR403.121(b) S501(c)(2)R403.121(b) S501(c)(2)

Shall hear and rule on:Shall hear and rule on: Appeals Appeals Requests for variancesRequests for variances Requests for extension of timeRequests for extension of time

Request for appeal shall be based on:Request for appeal shall be based on: The Act or the UCC has been incorrectly interpretedThe Act or the UCC has been incorrectly interpreted Provision of the Act or the UCC do not applyProvision of the Act or the UCC do not apply An equivalent form of construction is to be usedAn equivalent form of construction is to be used

6363

Board of AppealsBoard of AppealsR403.121(c) S501(c)(1 & 3)R403.121(c) S501(c)(1 & 3)

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

Training or Experience as an Inspector or Plan ReviewerTraining or Experience as an Inspector or Plan Reviewer

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

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

6464

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

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

6565

Appeals, Variances & ExtensionsAppeals, Variances & ExtensionsR403.122(a-d)R403.122(a-d)

Owner or agent may seek variance, time extension or Owner or agent may seek variance, time extension or file appeal of a BCO decision file appeal of a BCO decision (a)(a) On forms provided by municipalityOn forms provided by municipality Delivered to designated individualDelivered to designated individual

Request for variance, extension or an appeal suspends Request for variance, extension or an appeal suspends action to enforce an order (except for unsafe buildings) action to enforce an order (except for unsafe buildings) (c)(c)

Board shall make decisions based on documents and Board shall make decisions based on documents and written briefs or arguments unless owner or agent written briefs or arguments unless owner or agent request a hearing request a hearing (d)(d)

6666

Appeals, Variances & ExtensionsAppeals, Variances & ExtensionsR403.122(e-f)R403.122(e-f)

Board shall hold hearings within 60 days of Board shall hold hearings within 60 days of request unless applicant for appeal hearing request unless applicant for appeal hearing agrees to an extension agrees to an extension (e)(e)

Appeals may only be considered on the basis of Appeals may only be considered on the basis of (f) (1-3):(f) (1-3): True intent of the act or UCC was incorrectly True intent of the act or UCC was incorrectly

interpretedinterpreted Provisions of the act do not applyProvisions of the act do not apply Equivalent form of construction is to be usedEquivalent form of construction is to be used

6767

Appeals, Variances & ExtensionsAppeals, Variances & ExtensionsR403.122(g)R403.122(g)

Board may consider the following when ruling on Board may consider the following when ruling on a request for extension of time or variance:a request for extension of time or variance:

Reasonableness of UCC’s application in a particular Reasonableness of UCC’s application in a particular casecase

Extent to which granting the request would pose a Extent to which granting the request would pose a UCC violation or an unsafe conditionUCC violation or an unsafe condition

Availability of professional/technical personnel Availability of professional/technical personnel needed to come into complianceneeded to come into compliance

6868

Appeals, Variances & ExtensionsAppeals, Variances & ExtensionsR403.122(g)R403.122(g)

Board may consider the following when ruling on Board may consider the following when ruling on a request for extension of time or variance:a request for extension of time or variance:

Availability of materials and equipment needed to Availability of materials and equipment needed to come into compliance come into compliance

Efforts being made to come into compliance as Efforts being made to come into compliance as quickly as possiblequickly as possible

Compensatory features that provide an equivalent Compensatory features that provide an equivalent degree of protection as UCCdegree of protection as UCC

6969

Appeals, Variances & ExtensionsAppeals, Variances & ExtensionsR403.122(h-j)R403.122(h-j)

Board shall notify owner or agent of date, time and Board shall notify owner or agent of date, time and location of hearing location of hearing (h)(h)

Board may Board may (i)(i):: Grant the appeal in whole or partGrant the appeal in whole or part Deny the appeal in whole or partDeny the appeal in whole or part Grant the appeal upon certain conditions being satisfiedGrant the appeal upon certain conditions being satisfied

Board shall notify the appeal applicant and the BCO of Board shall notify the appeal applicant and the BCO of its decisions, in writing its decisions, in writing (j)(j)

7070

Enforcement by the DepartmentR403.141(a-e)

Conduct plan and specification review and inspections of Conduct plan and specification review and inspections of state owned buildings state owned buildings (a)(a)

Offer opportunity to municipality to observe inspectionsOffer opportunity to municipality to observe inspections

Review and Approve non-residential buildings for Review and Approve non-residential buildings for accessibility until municipalities obtain code administrator accessibility until municipalities obtain code administrator certified as Accessibility Specialist certified as Accessibility Specialist (b)(b)

Enforce the UCC for non-residential in opt-out Enforce the UCC for non-residential in opt-out municipalities municipalities (c)(c)

7171

Enforcement by the DepartmentR403.141(a-e)

Industrial Board will hear appeals of Industrial Board will hear appeals of Department decisions Department decisions (d)(d)

Act on ALL accessibility variance requests Act on ALL accessibility variance requests and appeals of technical infeasibility re: and appeals of technical infeasibility re: Chapter 11 Chapter 11 (e)(e)

7272

Elevators & Lifting DevicesElevators & Lifting DevicesChapter 405 S105(c)(1-3)Chapter 405 S105(c)(1-3)

All permit applications, plan and specification All permit applications, plan and specification reviews and inspections of elevators and other reviews and inspections of elevators and other approved lifting devices shall be conducted by approved lifting devices shall be conducted by the Department of Labor and Industrythe Department of Labor and Industry

A BCO does not have any responsibility under A BCO does not have any responsibility under the Act for elevators and lifting devicesthe Act for elevators and lifting devices

7373

SummarySummary

RESOURCESRESOURCES

7474

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

7575

Certification or RegistrationCertification or Registration

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

Department of Labor and IndustryDepartment of Labor and Industry

717-787-3323717-787-3323

7676

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

7777

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

7878

National CertificationsNational Certifications

Questions regarding ICC Certification, exam Questions regarding ICC Certification, 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