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COMPREHENSIVE LIST OF ALL CODE-RELATED BILLS INTRODUCED IN THE 2005-2006 LEGISLATIVE SESSION OF THE PENNSYLVANIA GENERAL ASSEMBLY
Here is a listing of all bills (with links to a pdf of the current printers number of the bill) introduced in the Pennsylvania House of Representatives and Senate during the 2005-06 Legislative Session that have a direct connection, in some manner, to code administration and enforcement.
Most of these bills DO NOT amend the UCC per se, but would clearly impact those persons, third party agencies and municipalities responsible for code administration and enforcement.
This bill has been referred to the Urban Affairs and Housing Committee.
In summary, the bill would:
1. Create a conflict with UCC requirements
2. Weaken IRC 313 requirements. The bill would only require battery-operated smoke alarms in all locations required by the bill. Hard-wired and interconnected smoke alarms would no longer be required in new residential construction.
3. Weaken IRC 313 requirements. The bill would require smoke alarms to be placed outside of each separate sleeping area and on each level of the structure (but no requirement that smoke alarms be placed INSIDE of each sleeping room.)
4. Require an inspection of new residential construction to assure the existence of smoke alarms in required locations and would require a certificate of inspection to be provided to the owner/occupant of the dwelling.
5. Require a municipal inspection of all residential dwelling units (including apartments) before they could be sold/rented to new owners or occupants to assure existence of required smoke alarms (and a certificate of inspection for the new owner/occupant).
The bill has been introduced by Senators Wagner, Stout, C. Williams, Logan, Costa and Kitchen.
Senators on the Urban Affairs and Housing Committee are: Pileggi, Waugh, Brightbill, Conti, Earll, Piccola, Kitchen, Costa, Ferlo and Fumo.
Senate Bill 153 introduced and referred to Senate Local Government Committee on February 2nd.
This would amend Title 53 of the PA Consolidated Statutes (Municipalities) by adding Section 8010.
This bill would allow municipalities to deny the issuance of any building or zoning permit, zoning variance, municipal license or permit or municipal approval for any requested action by the applicant IF:
The applicant owns real property in ANY municipality that is delinquent in property tax payment or sewer fees or refuge collection fees, OR
The applicant owns ANY property in PA that is in serious violation of state or municipal housing, building, property maintenance or fire safety code requirements and has taken no substantial actions to bring such property(ies) into compliance, OR
The applicant has taken no action to substantially correct deficiencies within 6 months of notification of being in non-compliance with the above-mentioned code requirements
All municipal permits, approvals, variances or licenses may be withheld from such applicants until they provide documentation from the appropriate agency, municipality or school district that the property is no longer tax delinquent or that the property is now in compliance with applicable codes or that substantial steps have been taken to bring the property into code compliance.
Referred to Consumer Protection & Professional Licensure Committee. This bill would give the Commissioner of Professional and Occupational Affairs the authority to withhold or deny licenses, certificates or official documents to persons who require such to carry on professionally-regulated activities in Pennsylvania, if those persons own property in PA which is in violation of building, housing, fire or safety codes or requirements and who fail to take acceptable steps to bring such property into compliance with codes and safety requirements. SB736Introduced June 9, 2005 and referred to Labor and Industry Committee.
SB736 is similar to HB1507, but with one major difference. SB736 eliminates all references to fire suppression requirements. This bill would allow BCOs to legally issue certificates of occupancy to illegally occupied structures as of Apirl 10, 2004, provided that technically feasible means of egress requirements are met and that the structure is not unsafe, unsanitrary, a fire hazard or dangerous to human life or public welfare. This bill does not require the structure to specifically comply with fire suppression requirements as HB1507 does. SB815Introduced and referred to Urban Affairs Committee on July 1, 2005. This bill would require the installation of listed carbon monoxide detectors in all apartments, hotels, tenement buildings, multiple dwelling units, motels, bed and breakfasts, guest houses and mobile home parks. The enforcement of the Act would fall to the Dept. of Environmental Protection. House Bill 90, referred to the Insurance Committee. This bill would create a new Act.
The purpose of HB 90 would be to give additional authority to municipalities to require proof from "regulated professions" in Pennsylvania that they hold a current license, certification, registration or permit" and that such has not been revoked or suspended, before granting a Certificate of Occupancy or Occupancy Permit for structures or portions of structures to be occupied and used for conducting business in the "regulated profession".
Regulated professions would be those which are issued a license, certification, registration or permit by any board, commission or department of the Commonwealth of PA.
The language in the bill says that a municipality "MAY, by ordinance" establish requirements for the granting of C of O's consistent with the provisions of the Act.
This means that if eventually based in this form, this Act would not REQUIRE municipalities to establish these requirements, but would give municipalities the AUTHORITY to do so by local ordinance
Referred to Health and Human Services Committee. Would be known as Institutional Automatic Sprinkler System Act. Would require installation of automatic sprinkler systems in: Any institution subject to supervision by the Dept of Public Welfare under Article IX of the Public Welfare Code. Any facility subject to licensure under Article X of the Public Welfare Code State Veterans Homes Each institution would have to install an automatic sprinkler system that meets requirements of Pamphlet 13 or 13R of the NFPA. All existing institutions must comply within 5 years of passage. Conversions and renovations > 25% must comply upon completion of conversion or renovation. All new facilties must comply as a condition of licensing. Sprinkler Loan fund would be established to assist with compliance. Referred to Local Government Committee. Would amend The Dormitory Sprinkler System Act of 2001. The amendment would require that if financing is provided to colleges under the Act to retrofit existing college dormitories and housng units, it shall finance ALL costs associated with the sprinkler installation, including modifying water supply systems and plumbing necesary for the sprinklers, renovation work needed for the retrofit, asbestos abatement, if needed, and integrated smoke detection and fire alarm systems. HB249 was approved unanimously, without amendment, by the House on June 7, 2005 and now goes to the Senate for consideration.
This bill would amend the Second Class Township Code. Currently, the Second Class Township Code gives municipalities the authority to require property owners whose property "abuts" a municipal or municipal authority water system to involuntarily connect to the public system (certain non-human consumption uses are exempt).
This bill would eliminate the vague use of the term "abut" and replace it with specific language. Municipalities would have the authority to require mandatory connections for all properties whose principal building is within 150 feet of the water system.
This bill would amend Title 53 of the PA Consolidated Statutes (Municipalities) by adding subsection 5505.d.1:
This bill would prohibit water authorities from imposing a "standby charge" on the owners of any structure that is equipped with automatic fire protection systems.
Authorities may continue to charge for the actual cost of a water main connection required for installation of a fire protection system.
Standby charges are defined as "any amount other than the regular rate" that are assessed against the owner of a structure simply because a fire protection system is installed.
Referred to Veterans Affairs and Emergency Preparedness Committee. This bill would establish the Student Residence Automatic Sprinkler System Installation Loan Program and Protection Act. This would create a fund to provide loans to private owners of student housing for post-secondary institutions (structure must house 5 or more students) to install automatic sprinkler systems. These systems are not presently required in private student housing. Preference would be given to applicants from municipalities which have enacted ordinances requiring automatic sprinkler system installations in exess of the requirements found in the UCC.
HB 623 introduced and referred to Professional Licensure Committee, would establish statewide licensing for electrical contractors and apprentices.
This bill or a version of it has been introduced in many prior sessions of the legislature.
HB 691 has been introduced and referred to the Local Government Committee. HB 691 would create a new act, which would provide for court-appointed receivers to bring residential buildings into compliance with municipal codes when the owners of the building fail to do so.
Reported by Local Government with recommendation to re-assign to Urban Affairs Committee. No action taken on that recommendation. Referred to Veterans Affairs and Emergency Preparedness Committee. Would establish a low interest loan fund for the installation of automatic sprinkler systems in existing high rise buildings.
House Bill 881 was introduced in the Pennsylvania House with 31 co-sponsors and was referred to the Local Government Committee.
HB 881 would amend the UCC (Act 45 of 1999) to RESTRICT fees charged by municipalities and third party agencies for non-residential plan review to a fee that is no more than 150% of the fee charged by the Department of Labor and Industry for a "comparable action".
If you are concerned about the intent or content of this bill, and you are a constituent of a member of the Local Government Committee, contact them with your opinions.
Of course, you will want to check the Department's fees for services that you provide and compare them, so you have some "talking points" when you contact your representative.
If you are a constituent of one of the 31 reps who introduced the bill, and you feel strongly about the bill, contact your rep and let them know how you feel about the bill and the possible implications on your municipality or third party agency, should the bill become law.
The 31 reps are listed at the top of the bill in the pdf file.
HB 900, referred to the Veterans Affairs and Emergency Preparedness Committee, would require, among other things, fire sprinkler and alarm systems in new AND existing structures that are:
1. Licensed under Article X of the Public Welfare Code 2. Institutions subject to supervision of the Dept. of Public Welfare under Article IX of the Public Welfare Code 3. State Veterans Homes
4. Assisted living facilities
5. Personal care homes
Compliance in existing structures would be phased in over 5 years at the maximum, sooner if renovations are performed.
Referred to Professional Licensure Committee. This bill would give the Commissioner of Professional and Occupational Affairs the authority to withhold or deny licenses, certificates or official documents to persons who require such to carry on professionally-regulated activities in Pennsylvania, if those persons own property in PA which is in violation of building, housing, fire or safety codes or requirements and who fail to take acceptable steps to bring such property into compliance with codes and safety requirements. This parallels SB322. HB 999 would seek to amend the Fire and Panic Act by adding a new section, which would require that "all buildings enumerated in Section 2 of the Act" comply with its provisions.
Section 2 of Fire and Panic was repealed by Act 45 of 1999....so, we have a piece of legislation that is basing its compliance definition on a repealed statute!!
This was brought to the attention of Labor & Industry, which believes that someone is trying to accomplish something in regards to buildings that must still comply with Fire and Panic (i.e., permit issued or contract for design/construction signed prior to UCC effective date)....bottom line is that the basis for the legislation is faulty when it references a repealed section of a statute.
HB1254, introduced on March 31st and referred to the House Commerce Committee (a very unusual committee assignment for UCC and code-related issues). HB1254 would amend the UCC by eliminating the current Section 501(e) and replacing it with new language which would bring about the following changes:
1. This amendment would NOT have any effect on municipalities in which an "employee" has been designated to serve as the "municipal code official" (undoubtedly intends to refer to BCO).
2. For municipalities which DO NOT have an employee designated as the municipal code official (BCO), the municipality would be required to inform all applicants for construction permits that the applicant may obtain the services of a construction code official (CCO) with appropriate categories of certification to conduct the plan review and inspections.
3. The permit applicant may obtain services from any CCO with appropriate categories of certification WHETHER OR NOT THE MUNICIPALITY HAS RETAINED A CONSTRUCTION CODE OFFICIAL OR THIRD PARTY AGENCY under Section 501(b) to act on behalf of the municipality for administration and enforcement of this act.
The section of the Act which would be amended deals with "Non-Municipal Administration".
It is clear that the intent of this amendment is to "effectively modify" TPA contracts with municipalities for administration and enforcement. While the most likely targets are "exclusive TPA contracts" with municipalities for admin and enforcement (wher the TPA also serves as the BCO), the legislation, as worded, would require municipalities to inform permit applicants of their "right to choose" any CCO with appropriate certifications even if the municipality has contracted with more than one TPA or has allowed more than one TPA to provide services within its jurisdiction as part of an "approved or recommended provider list".
The entire amendment seems to hinge on the fact that someone other than a municipal employee is serving as the BCO/municipal code official. This amendment would have a clear impact on all municipalities wherein a TPA is serving as the BCO.
It appears that, as drafted, this amendment would NOT IMPACT municipalities that have designated a municipal employee to serve as the BCO/municipal code official.
HB1306HB1306 would require the placement of carbon monoxide detectors (not required by the UCC) in most residential dwelling units other than one and two family. Examples...apartments, hotels (in the defined sense of the word), multi-family structures, tenement houses, townhouses, mobile home parks, etc.
This bill has been referred to the House Local Government Committee. Jurisdiction would be given to the Dept. of Environmental Protection and would take effect within 60 days of passage. There is no grandfathering for existing structures.
HB1358 passed the House by an overwhelming margin on July 1, 2005 and has now gone to the Senate. Referred to the Senate Urban Affairs & Housing Committee.
House version that passed contained several technical amendments. Click on the bill number, above, for the most current printer's number containing the amendments.
HB 1358 would establish blight remediation boards to fund blight remediation projects. Cities, boroughs and townships of the first and second class would be the only municipalities impacted.
Building code enforcement agencies would be directly involved in the declaring particular structures as meeting the "far reaching" definition of blighted. HB1377
HB 1377 introduced and referred to the Committee on Intergovernmental Affairs would seek to amend the Boiler and Unfired Pressure Vessel Law by adding the following language as the 8th exclusion recognized under the law:
8) Water heating appliances specified or listed in accordance with American National Standards Institute Z21.10.1 or Z21.10.3 and tested by an architect licensed under the act of December 14, 1982 (P.L.1227, No.281), known as the Architects Licensure Law, or an engineer licensed under the act of May 23, 1945 (P.L.913, No.367), known as the Engineer, Land Surveyor and Geologist Registration Law.
The full bill includes the other 7 current exclusions from the Boiler & Unfired Pressure Vessel Act
HB1507 passed the House unanimously on June 22nd, and is now in the Senate, referred to Labor Relations Committee.
However, HB1507 will remain in the committee while Dept of Labor and Industry revises its "advisory" on illegally occupied structures.
HB1507contained a number of amendments, which may be reviewed by clicking on the bill number, above, for the most current printer's number of the bill.
The amendments will be summarized here in the near future - but there is not much likelihood that this bill will see further movement.
Provides a means whereby "illegally occupied structures" (existing buildings on April 10, 2004 which did not have a certificate of occupancy prior to that date) WOULD BE issued occupancy permits if it met the following conditions:
The entire building meets the requirements of Chapter 3 (of the UCC, Act 45 of 1999) for fire protection systems and means of egress (both fire protection systems and means of egress are defined in HB1507).
The building is not unsafe, unsanitary or judged to be a fire hazard or dangerous to human life or public welfare
Code administrators SHALL NOT require changes which are technically infeasible for the purpose of meeting means of egress requirements.
Code adminstrators SHALL CONSTRUE THIS SECTION LIBERALLY to allow a property owner to maintain occupancy of a building under this section.
(PABCO has added the CAPS for emphasis)
HB1508 was passed unanimously in the House on June 28th and now sits in the Senate, referred to the Labor and Industry Committee.
Gives the Department of Labor and Industry the authority to enter into contracts with municipalities, COGS, Construction Code Officials and Third Party Agencies for the administration and enforcement of the UCC for State-owned buildings including State-affiliated entities and State-related institutions.
Establishes a permanent, restricted fund into which the Department would deposit all fees collected through ITS enforcement of the Act. This restricted fund would help defray costs of administering the UCC.
HB1522 was reported as referred (no amendments) by the State Government Committee on June 9, 2005 with a request to re-commit the bill to the House Labor Relations Committee.HB1522 would: Amend the UCC by eliminating the ability of a municipality to administer and enforce the UCC exclusively through the use of municipal employees and/or exclusive contracts with third party agencies. As drafted, this bill would no longer allow municipalities to require permit applicants to use municipal employees or exclusive third parties for UCC administration and enforcement. Municipalities would be required to retain AT LEAST two other third party agencies (in addition to one third party (previously exclusive) or in addition to existing municipal employees). Permit applicants would be free to choose who they wish to use for their inspections. Intermunicipal agreements (COG or otherwise) would be required to provide permit applicants with the choice of at least three construction code officials or third party agencies from whom they could obtain their UCC services, in addition to whomever the intermunicipal agreements designates as the UCC administrator HB1677
Introduced and referred to Local Government Committee on June 8, 2005.
This bill would require: Installation of carbon monoxide alarms in all newly-constructed single family dwellings and all newly-constructed dwelling or rooming units, as well as existing college/university dormitory units Owners of the buildings to be responsible for installation Tenants/occupants to be responsible for maintenance Combination-type alarm units would be allowed if complying with specific criteria Installation required before occupancy in newly-constructed units and within 6 months in all existing college/university dormitory units HB1878HB1878 introduced on July 5th and referred to House Labor Relations Committee.
HB1878 would amend the UCC by adding a definition for "retainage" and then adding section 501(h) that would require a building code official to verify that all contractors, subcontractors and material suppliers were PAID IN FULL (certain exceptions noted in the proposed amendment) before they would be allowed to issue a certificate of occupancy.
This amendment would apply TO CITIES OF THE FIRST CLASS ONLY !!
HB1899
HB1899 introduced on July 28th and referred to House Local Government Committee.
HB1899 would: Exclude swimming pools and spas constructed or installed prior to April 9, 2004 from all provisions of the UCC.
Would require all pools and spas constructed/installed after April 9, 2004 to meet all requirements of the UCC, including Section 503 (provisions for municipal amendment of the UCC).
Pools/spas may not be filled with water until barrier and other requirements are met.
Would empower the Dept of Labor and Industry to promulgate regulations for issuing waivers for permanent barriers for in-ground pools prior to filling, provided that temporary barriers are erected.
Temporary barrier waiver would be valid for 14 days only.
The way the bill is worded, it would give the Department the authority to grant the waiver, not the municipal building code official. |
