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Newly Elected Officials Course January 15, 2008 Cindy L. Davis

Newly Elected Officials Course January 15, 2008 Cindy L. Davis. The Uniform Construction Code. Overview of Act 45 as Amended. Implementation History. Signed into law by Governor Ridge on November 3, 1999. Final Training and Certification Regulations became effective July 12, 2002

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Newly Elected Officials Course January 15, 2008 Cindy L. Davis

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  1. Newly Elected Officials Course January 15, 2008 Cindy L. Davis

  2. The Uniform Construction Code Overview of Act 45 as Amended

  3. Implementation History • Signed into law by Governor Ridge on November 3, 1999. • Final Training and Certification Regulations became effective July 12, 2002 • Final Administrative and Enforcement Regulations published in the PA Bulletin January 10, 2004 • Uniform Construction Code’s Effective Date wasApril 9, 2004

  4. WHY? The General Assembly made the following findings:

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

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

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

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

  9. INTENT AND PURPOSE • It is the intent of the General Assembly and the purpose of this act:

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

  11. PURPOSE CONT’D • (2) To encourage standardization and economy in construction by providing requirements for construction and construction materials consistent with nationally recognized standards.

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

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

  14. PURPOSE CONT’D • (5) To eliminate unnecessary duplication of effort and fees related to the review of construction plans and the inspection of construction projects.

  15. PURPOSE CONT’D • (6) To assure that officials charged with the administration and enforcement of the technical provisions of this act are adequately trained and supervised.

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

  17. PURPOSE CONT’D • (8) To start a process leading to the design, construction and alteration of buildings under a uniform standard.

  18. The Pennsylvania Construction Code Act (Act 45 of 1999) established the basic requirements for the Uniform Construction Code. It has been altered nine times since becoming law by:

  19. What is a Building Code Official (BCO)?R401.1 Definitions • An individual certified by the Department of Labor and Industry to manage, supervise and administer the Uniform Construction Code

  20. What is a BCO?R403.3 • All municipalities enforcing the UCC must designate a Building Code Official (certified by the Department) to serve as its UCC Administrator • The BCO assumes overall responsibility for the PROPER and LAWFUL enforcement of the UCC in the municipality. • Regardless of the number of employees certified, only one is the BCO of record.

  21. What is a BCO?R403.3 • A third party agency offering services in non-enforcing municipalities must designate a certified BCO to provide code administration and enforcement activities. • A BCO may delegate duties to a construction code official or a current code administrator.

  22. DefinitionsS103 Construction Code Official • An individual certified or registered by the Department in an appropriate category to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations.

  23. DefinitionsS103 Construction Code Official • This could include: • A BCO (Building Code Official) • A person with one or more Inspection Certifications • A person with one or more Plans Examiner Certifications • A person with Commercial or Residential Registration

  24. Training & Certification Regulations

  25. Registration of Current Code AdministratorsR401.15(a-c) S701(e)(1-2) • Residential - Expired April 9, 2007 • Commercial – Expires April 9, 2009

  26. Certification RequiredR401.3 S701(a-b) • Certification in categories applicable to work to be performed is required for: • Plan Reviews • Inspections • Administration and Enforcement of the UCC (BCO) • Approval of plans or inspections relating to accessibility provisions may be performed only by someone certified as an Accessibility Specialist

  27. Certification & Registration • L & I will issue ID cards for registration and certification (listing applicable certifications) R401.4 & R401.15 S701(c) • L & I will maintain list of certified individuals and third parties (and the certifications they hold) R401.13 & S701(i) • L & I will maintain list of registered individuals and third parties R401.13 & S701(i)

  28. Certification & Registration • Certifications are valid for 3 years from date of issue by L & I R401.4 • Fees R401.2 & S701(j) • Individual certification & renewal $ 50 • Individual registration $ 50 • Third party certification & renewal (person or company) $250 • Fees are PER APPLICATION

  29. Certification & Testing R401.6-7 S701(a-b) • 12 Commercial Certification Categories • Including Accessibility • 5 Residential Certification Categories • Building Code Official (Code Administrator) • Elevator and Ropeway Certifications ( L&I only)

  30. Certification Reciprocity • Persons who obtain commercial certifications may perform the same work in residential categories without having to obtain residential certifications. Example: Commercial Plumbing Inspector may perform Residential Plumbing Inspections

  31. Certification RenewalR401.8 • Required every three years • Must submit to the Department: • Application • Fees • Documentation of required continuing education • If certification has lapsed more than one year, applicant must re-apply for certification and provide evidence of successful exam completion

  32. Continuing Education R401.9 S701(f) • Must be met every three years to maintain (renew) certification (re-certification) • 15 credit hours per certification • Maximum of 45 hours required • 1/3 of hours must relate to current certifications held

  33. Third Party CertificationR401.11-12 S701(k) • Third parties acting as construction code officials must have current certification • Employees or agents are certified or registered in the categories specific to the work performed • Evidence of $1 million errors & omissions liability insurance • Changes re: employees & agents must be reported to L & I within 60 days

  34. ADMINISTRATIVE Regulations

  35. New Construction Additions Alteration (Commercial) Structural Alteration (Residential) Repair (Commercial) Demolition Location Maintenance Occupancy Change of Occupancy Movement Equipment Removal What does the UCC Cover?R403.1(a) Act 92 S104(a)

  36. Permits for What? • When the word permit is used in the UCC, it applies ONLY to permits for activities that are regulated by the UCC • Permits for Zoning, Land Use, and a variety of other regulatory uses are SEPARATE FROM the UCC. • Zoning and Land Use Requirements TAKE PRECEDENCE over the UCC

  37. Manufactured HousingR403.25(a) S901 • UCC does not apply to manufactured housing bearing a label certifying that it was built in compliance with Housing and Community Development Act of 1974, except: • Site Preparation • Foundation Construction • Connection to Utilities

  38. Fee Schedules R401.2 S301(d)(2) • Does the UCC establish fee schedules? • Not for municipalities or third parties • Only for L & I Plan Reviews / Inspections • Commercial in Opt-out municipalities • Accessibility unless municipality has a Certified Accessibility Specialist

  39. Fee Schedules Act 13 • Act 13 of 2004 amended Act 45 • Act 13 requires that a $2.00 fee be collected for each UCC permit issued (S703) • Fees to be collected by the Governor’s Center at DCED and put in restricted fund for the training of code officials

  40. Adopted Codes R403.21(a) S301 • International Building Code 2006 • Residential Code 2006 • Mechanical Code 2006 • Plumbing Code 2006 • Electrical Code 2006 • Fuel Gas Code 2006 • Fire Code 2006 • Energy Conservation Code 2006 • Existing Building Code 2006 • Urban Wildland Interface Code 2006

  41. Adopted Appendices R403.21 (a) & (c) • AE 501-503 and AE 601-605 of APPENDIX E of the International Residential Code (relating to Manufactured Housing) • All of APPENDIX G of the International Residential Code (relating to Swimming Pools) • Appendix E of the International Building Code (relating to Supplemental Accessibility Requirements) • Appendix H of the International Building Code (relating to Signs)

  42. Adopted Appendices • Appendices in the ICC Codes adopted by the UCC are NOT ADOPTED except those on the prior slide. • Municipalities may adopt any appendix in any ICC code adopted by the UCC through its municipal ordinance process. • Any appendix not adopted by the UCC or a municipality is not enforceable.

  43. Permit RequirementsR403.42(a) Act 92S104(b) R403.62(a)Commercial Residential • Application for permit is required unless: • Proposed work is Listed as an Exclusion under 403.1(b) including amendments added by Act 92; or • Proposed work is Exempted from Permit at R403.42(c) (Commercial) or R403.62(c) (Residential)

  44. Permit Requirements*R403.42(b)Commercial • Emergency Repairs or Replacement of Equipment • May be performed without a Permit, if • Permit is applied for within 3 business days *May be amended

  45. Permit RequirementsAct 92 • Act 92 has EXCLUDED all repairs and alterations for existing one and two family dwellings provided: • Non structural changes and no change to means of egress • Municipalities may amend the UCC to establish requirements for alterations and repairs pursuant to Section 503 of Act 45

  46. Commercial Annual PermitR403.42(f) • BCO may issue Annual Permit instead of individual permits for each alteration to an already approved Electrical, Gas, Mechanical or Plumbing Installation if:

  47. Commercial Permit ApplicationsR403.43(a) S502(a)(1) • BCO shall grant or deny an application, in whole or part, within 30 business days of filing • If denied, reasons must be in writing and sent to the applicant • Applicant and BCO may agree to an extension of 30 day limit • BCO may establish different deadlines for applications relating to historic districts

  48. Residential Permit ApplicationsR403.63(a) S502(a)(1) • BCO shall grant or deny an application, in whole or part, within 15 business days of filing • If denied, reasons must be in writing and sent to the applicant • Applicant and BCO may agree to an extension of 15 day limit • Application is deemed approved if not acted upon within 15 business days

  49. Commercial Inspections*R403.45(a-d) • Construction code official (CCO) shall inspect work to ensure that it complies with permit and the UCC (a) • Permit holder or agent shall notify CCO when work is ready for inspection. Work shall remain accessible and exposed for inspection. (c) • Inspections may only occur during normal hours unless permit holder or agent agree to times other than normal hours (c) • CCO shall notify permit holder if construction complies or fails to comply (d) *May be amended

  50. Commercial Inspections*R403.45(e) • CCO shall conduct final inspection and file report that the following met UCC requirements (per specifications of commercial certification inspection categories at R401.7). • In essence, this says that if one performs certain inspections, they must be certified in applicable category. (After registration expires) *May be amended

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