The Pennsylvania Uniform Construction Code

1. The Pennsylvania Uniform Construction Code Is Your Municipality UCC Compliant?

2. Developed by With support from Sponsored by The Department of Labor & Industry The Governor’s Center for Local Government Services

3. ^ LOCAL GOVERNMENT ACADEMY Newly Elected Officials Training Saturday, January 26, 2008

4. Today’s Agenda • Legislative Amendments to the UCC – What they mean • Municipal Amendments to the UCC • Board of Appeals • Responsibility of Elected Officials to establish “reasonable” fees • Training & Certification Issues / Grandfathering

5. Successor CodesR403.1(a)(2) • 2006 I-Codes were adopted with a statewide effective date of 12/31/06 • NEC 2005 and ANSI 117.1-2003 were adopted at the same time • Next series of updated codes will become effective in 2009 (every 3 years)

6. Successor CodesS304(a) Act 13 • The Department of Labor & Industry has stated that opt-in municipalities WILL NOT need to enact an ordinance adopting the newest version of the codes • Provided that the UCC adoption ordinance was properly constructed • i.e., the UCC was adopted as the municipal building code, not specific codes with specific publication dates

7. Act 43 of 2001 Act 13 of 2004 Act 92 of 2004 Act 230 of 2004 Act 95 of 2005 Act 108 of 2006 Act 157 of 2006 Statutory AmendmentsAct 45 of 1999 Incorporated into December 31, 2006 Revised Regulations Find in “Appendix” Not incorporated into December 31, 2006 revisions

8. Exclusion or Exemption? • Exclusion means that the UCC does not apply to a particular structure or work that is being proposed. Permits and inspections are not authorized by the UCC and work performed does not have to comply with the UCC. • Exemption means that a permit and inspection is not required but proposed work must comply with UCC requirements (burden on contractor or installer to meet code requirements)

9. Recognized Religious SectR403.1(f) Act 157 S901(b) May be ExcludedFROM ELECTRICAL PROVISIONS, PLUMBING PROVISIONS AND WOOD / LUMBER PROVISIONS for single family dwelling units & One Room School houses • Must apply to the BCO for an exclusion • Exclusion must be granted if requested & documented • Special requirements apply when dwelling is to be sold – will need to be “brought up to code” if sold to non-sect member • Wood & lumber exclusion DOES NOT include Pressure Treated Lumber Requirements • Wood & lumber exclusion is principally aimed at allowing the use of rough cut lumber

10. Recognized Religious SectR403.1(f) Act 157S901(b) May be ExcludedFROM ELECTRICAL PROVISIONS, PLUMBING PROVISIONS AND WOOD / LUMBER PROVISIONS for single family dwelling units & One Room School houses • Exclusion rests with the “occupant” not the structure • When someone new occupies, the exclusion must be applied for and granted again, or…. • If the new occupant is not of a qualifying sect, the electrical, plumbing and wood/lumber requirements in the current edition of the IRC must be satisfied before a new Certificate of Occupancy can be granted

11. Fee Schedules Act 157 S703(a-c) • Act 157 requires that a $4.00 fee be collected for each UCC permit issued (S703) • Separate fee for each permit issued under UCC regulations • Quarterly filing of DCED-13 by the BCO* is required (may be filled-out by other municipal official) • Fees to be collected by the Governor’s Center at DCED and put in 2 restricted funds: • For the training of code officials • For the training of residential and commercial contractors

12. Fee Schedules Act 157 S703(a-c) • Each municipality will determine what permits to require and the fees for such as they deem appropriate • If you issue 1 Permit for all functions or disciplines on the project, $4.00 shall be collected • If separate permits are issued for Building/Structural,Plumbing, Electrical, HVAC, etc., $4.00 for each permit issued shall be collected • Actual fees collected are reported and submitted

13. Permit Fees • Elected Officials MUST adopt a fee schedule by resolution for appropriate permit fees and the costs of appeals • Fees should only cover costs directly associated with the enforcement of the building codes program

14. Act 92 AmendmentsAct 92 S104(b)(5-7) • Alterations (as defined in Act 92) not making structural changes or changes to means of egress in Existing Residential Structures (b)(5) • Repairs (as defined in Act 92) in Existing Residential Structures (b)(6)

15. Residential Alteration ExclusionR403.1(b)(8) S104(b)(5-7) • Alterations (to an existing residential structure) are excluded from the UCC, unless: • They are a structural alteration (not defined) • They make changes to the means of egress • This exclusion applies to 1 & 2 Family and Townhouses

16. Residential AlterationR401.1 S104(b)(5-7) • Alteration is defined as: • “any construction or renovation to an existing structure other than repair or addition.” • Examples: remodeling, renovations, re-wiring, re-plumbing, re-roofing (covering only), new heating, new AC, re-siding, new kitchen, new bath, etc.

17. Residential AlterationR403.1(b)(8) S104(b)(5-7) • Examples of Structural Alterations: • Replacing roof deck (sheathing) • Moving a load bearing wall • Cutting, notching or drilling into an existing load bearing framing member • Adding new loads to an existing structure • Turning a storage attic into habitable space (depends on design load for existing floor system)

18. Residential AlterationR403.1(b)(8) S104(b)(5-7) • Examples of Non - Structural Alterations: • Gutting a house but leaving the framing intact • Installing new drywall or wall finishes • New flooring / floor covering (could be a structural alteration if weight exceeds floor design loads) • New siding, new roof coverings • Complete kitchen & bath make-overs • Turning a storage basement into habitable space • Minor framing changes needed to replace existing windows or doors

19. Residential AlterationR403.1(b)(8) S104(b)(5-7) • Creating a habitable basement where it was only used for storage or mechanical purposes before is excluded from the UCC. • This is NOT a change to an existing means of egress • This is NOT a structural alteration (unless the unique circumstances actually result in a structural alteration)

20. Residential Alterations • If your municipality had a legally adopted pre July 1, 1999 ordinance that regulated residential alterations (some or all)….and you brought that ordinance forward as part of your UCC adoption ordinance • You may legally enforce those requirements

21. Residential Alterations • If your municipality has legally amended the UCC using the Section 503 process to regulate some or all residential alterations…. • You may legally enforce those requirements

22. Residential RepairR403.1(b)(9) S104(b)(5-7) • All repairs (to an existing residential structure) are excluded from the UCC • This exclusion applies to 1 & 2 Family and Townhouses

23. Residential RepairR401.1 S104(b)(5-7) • Repair is defined as: • “the reconstruction or renewal of any part of an existing building for the purpose of its maintenance.” • Examples: plumbing repairs, electrical repairs, mechanical system repairs, replacing deteriorated decking, replacement windows & doors, replacement of defective or obsolete equipment, etc.

24. Residential Repair • If your municipality had a legally adopted pre July 1, 1999 ordinance that regulated residential repairs (some or all)….and you brought that ordinance forward as part of your UCC adoption ordinance • You may legally enforce those requirements

25. Residential Repair • If your municipality has legally amended the UCC using the Section 503 process (after April 2004) to regulate some or all residential repairs…. • You may legally enforce those requirements

26. Residential AdditionR401.1 • Residential Additions are NOT EXCLUDED from the UCC. • They are new construction and must comply with all permit, inspection & code requirements • Definition: “an extension or increase in floor area or height of a building or structure”

27. Recreational CabinsR403.1(b)(11) R401.1 S104(b)(7) • To be excluded from the UCC under following conditions: • Used primarily for recreational purposes • Not used as a residence or domicile • Non-commercial use or place of employment • Not more than 2 stories in height excluding basement • Not used as a mailing address for bills or correspondence • Not listed as a person’s place of residence for drivers license, tax returns or voter registration

28. Recreational Cabins • Once a RECREATIONAL CABIN….. ALWAYS a Recreational Cabin !!! • Unless in the future, someone goes to the expense of “bringing it up” to the code requirements in effect at that time, ….and the Building Code Official can determine compliance • Complying with all permit & inspection requirements

29. Residential Accessory StructuresR401.1 R403.1(b)(3) • Exclusion is for DETACHED ONE FAMILY DWELLINGS ONLY • Less than 1000 square feet • Not habited Carports Detached private garages Greenhouses Sheds

30. Residential Accessory StructuresR403.1(b)(3) S503(c) S104(b)(3) • Accessory and miscellaneous use structures (detached 1 family only) • Municipalities may impose more restrictive requirements for Miscellaneous Use and Utility Structures under Section 503 Amendment provisions • Labor and Industry Review and Approval is required / Public Notice & Hearing required • Pre July 1, 1999 ordinances may NOT regulate these types of structures

31. Residential Accessory StructuresR403.1(b)(3) S503(c) S104(b)(3) • Accessory and miscellaneous use structures • Zoning permits & setback inspections might be required • UCC permits/inspections are not required for anything < 1000 SF unless the UCC is amended for that municipality • Utility connections do not change the exclusion, it is based on SF only unless the UCC has been amended using Section 503 Process

32. Sewer & Water LateralsAct 230 • Key Date is January 1, 2005 • Any adopted standards in effect on that date may constitute an amendment of the UCC • Applies to lateral connections on private property that connect to a public system owned by a municipality or authority

33. Sewer & Water LateralsAct 230 • Standards for laterals must equal or exceed the requirements in the UCC, the IRC and the IPC • If not, they cannot be used in lieu of UCC requirements (only more restrictive, not less) • Municipality or Authority must file the standards with L & I and each municipality served by the water / sewer system

34. Sewer & Water LateralsAct 230 • Related Issue: • Permitting and Inspection of Laterals falls under the UCC – this is a function of the AHJ and not the Water and/or Sewer Authority • Whoever inspects the laterals must hold the appropriate certifications under the UCC • An authority or municipal employee without UCC credentials MAY NOT inspect the laterals

35. Uncertified Buildings= Illegally OccupiedR401.1 • A municipal building code was in effect before the UCC and a permit and inspections were required • And it was built without a permit and inspections • Or…it does not have a Certificate of Occupancy • A commercial structure subject to Fire & Panic • And it was occupied without an L & I Certificate of Use and Occupancy

36. Uncertified BuildingsR403.28 • Uncertified = illegally occupied • No existing Certificate of Use and Occupancy • From Department of Labor & Industry, or • Municipality with an enforced code before UCC • Does not address 1 and 2 family dwellings • Establishes standards for the Department of Labor and Industry • Municipalities may adopt same standards by ordinance

37. Uncertified BuildingsR403.28(a) • Uncertified buildings built before April 27, 1927 • Deemed to be legally occupied without a Certificate of Use and Occupancy • Renovations, additions, alterations or changes to the occupancy require compliance with the UCC

38. Uncertified BuildingsR403.28 (c) • Provides a mechanism for the BCO to “render a currently illegal structure legal” by issuing a Certificate of Occupancy if the most basic of life – health – safety – fire protection requirements are met: • Chapter 34 of the IBC, or • ICC Existing Building Code

39. Local Building Code OrdinancesAfter July 1, 1999 • These were automatically repealed on the effective date of the UCC in each municipality • In order to legally enforce any ordinance with building code requirements that was enacted after July 1, 1999 • The municipality must amend the UCC using Section 503

40. Invalid Local Codes • The Department of Labor & Industry has begun to issue “Cease and Desist Letters” to municipalities that are attempting to enforce building-code requirements that • Were never legally adopted, or • Were part of a repealed model code, or • Were legally adopted but after July 1, 1999

41. UCC / Zoning • In those jurisdictions that have zoning and/or land use ordinances, zoning and/or land use approval is always the first step and must occur before an UCC permit may be issued • Zoning always take priority over the UCC or any building code ordinance • Zoning can restrict particular types of structures on particular parcels and other land use issues such as setbacks • Zoning DOES NOT determine design & construction requirements

42. UCC / Zoning • Once zoning and/or land use approval has been granted, the UCC applies to the design and construction of all structures approved by zoning • Some common areas of overlap include: • Accessory structures • Decks • Fences • Swimming pools, spas and hot tubs

43. UCC / Zoning • Where zoning exists, both zoning and UCC permits will be required in many cases • They regulate two different functions

44. UCC / Property Maintenance • The UCC did not adopt the ICC Property Maintenance Code • Municipalities may adopt ANY property maintenance code by local ordinance • Property maintenance codes are not intended to be more restrictive than any building code requirement under the UCC

45. UCC / Property Maintenance • Property maintenance codes are designed to “maintain property” in order to avoid life, health and public safety issues from developing • If an issue is addressed in the UCC or an adopted I-code and also in the local property maintenance code, the UCC and the adopted I-codes prevail, not property maintenance • Where conflicts exist between the UCC and municipal ordinances, the UCC prevails

46. BOARD OF APPEALS

47. Board of AppealsAct 157 • Fee for an appeal may not exceed the actual costs of: • Public notice of the hearing • Appearance fee for the court reporter • Administrative fees as necessary

48. Board of AppealsAct 157 • For an appeal, request for variance or extension of time involving a one or two family dwelling • Hearing shall be convened within 30 days of filing of the appeal • Written decision to all parties within 5 days of the last hearing (10 days for Philadelphia) • If Board of Appeals does not act within these time frames, the appeal is deemed to be granted

49. Board of AppealsR403.121(a & d) S501(c)(1) • All opt-in municipalities must establish an Appeals Board (a) • Members are appointed by the governing body (a) • Regional or multi-governmental Boards are acceptable (d)

50. Board of AppealsR403.121(b) S501(c)(2) • Shall hear and rule on: • Appeals • Requests for variances (case specific modifications) • Requests for extension of time to comply with enforcement orders • Request for appeal shall be based on: • The Act or the UCC has been incorrectly interpreted • The Act or the UCC do not apply • An equivalent form of construction was proposed and rejected