COMMONWEALTH CODE INSPECTION SERVICE, INC.

COMMONWEALTH ELECTRICAL INSPECTION SERVICE, INC.

PENNSYLVANIA UNIFORM CONSTRUCTION CODE

HOME

HELP WANTED

CONTACT US

PA. U. C. C.

INFO & FORMS

 
 
Unofficial Copy of the
Uniform Construction Code Statute
35 P.S. §§7210.101 to 7210.1103
(Act 45 of 1999, as amended)
 
Updated 6/23/08

Table of Contents

§ 7210.101.  Short title.
§ 7210.102.  Legislative findings and purpose.

§ 7210.103.  Definitions.
§ 7210.104.  Application.
§ 7210.105.  Department of Labor and Industry.
§ 7210.106.  Accessibility Advisory Board.

§ 7210.301.  Adoption by regulations.

§ 7210.302.  Referenced standards.
§ 7210.303.  Existing municipal building codes.
§ 7210.304.  Revised or successor codes.
§ 7210.305.  Existing municipality or municipal authority standards for lateral connections.

§ 7210.403   ADMINISTRATION

§ 7210.501.  Administration and enforcement.
§ 7210.502.  Consideration of applications and inspections.
§ 7210.503.  Changes in Uniform Construction Code.
§ 7210.504.  Appeals.

§ 7210.701.  Training of inspectors.
§ 7210.702.  Reciprocity.
§ 7210.703.  Education and Training Program

§ 7210.901.  Exemptions.
§ 7210.902.  Applicability to historic buildings, structures and sites.
§ 7210.903.  Penalties.

§ 7210.1101.  Savings.
§ 7210.1102.  Repeals.
§ 7210.1103.  Effective date.

§ 7210.101.  Short title. (Back to Table of Contents)

This act shall be known and may be cited as the Pennsylvania Construction Code Act.

§ 7210.102.  Legislative findings and purpose. (Back to Table of Contents)

    (a)  Findings. - The General Assembly finds as follows:

          (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.

          (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.

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

          (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.

    (b)  Intent and purpose. - It is the intent of the General Assembly and the purpose of this act:

          (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.

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

          (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.

          (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.

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

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

          (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."

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

§ 7210.103.  Definitions. (Back to Table of Contents)

    The following words and phrases when used in this act shall have the meanings given to them in this § 7210.unless the context clearly indicates otherwise:

    "Addition." An extension or increase in floor area or height of a building or structure.

    "Advisory board."  The Accessibility Advisory Board created in section 106.

    "Agricultural building."  A structure utilized to store farm implements, hay, feed, grain or other agricultural or horticultural products or to house poultry, livestock or other farm animals and a milk house. The term includes a carriage house owned and used by members of a recognized religious sect for the purposes of housing horses and storing buggies. The term shall not include habitable space or spaces in which agricultural products are processed, treated or packaged and shall not be construed to mean a place of occupancy by the general public.

    "Alteration." Any construction or renovation to an existing structure other than repair or addition.

    "Board of appeals."  The body created by a municipality or more than one municipality to hear appeals from decisions of the code administrator as provided for by Chapter 1 of the 1999 Building Officials and Code Administrators International, Inc., National Building Code, Fourteenth Edition.

    "BOCA."  Building Officials and Code Administrators International, Inc.

    "Code administrator."  A municipal code official, a construction code official, a third-party agency (such as Commonwealth Code Inspection Service, Inc.) or the Department of Labor and Industry.

    "Construction code official."  An individual certified by the Department of Labor and Industry  (such as inspectors for Commonwealth Code Inspection Service, Inc.) in an appropriate category established pursuant to § 7210.701(b) to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations in such code category under this act or related acts.

    "Department."  The Department of Labor and Industry of the Commonwealth.

    "Habitable space."  Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces and similar areas shall not be construed as habitable spaces.

    "Health care facility."  As defined in § 7210.802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.

    "ICC."  The International Code Council.

    "Industrialized housing."  The term shall have the meaning ascribed to it in the act of May 11, 1972 (P.L.286, No.70), known as the Industrialized Housing Act.

    "Manufactured housing."  Housing which bears a label, as required by and referred to in the act of November 17, 1982 (P.L.676, No.192), known as the Manufactured Housing Construction and Safety Standards Authorization Act, certifying that it conforms to Federal construction and safety standards adopted under the Housing and Community Development Act of 1974 (Public Law 93-383, 88 Stat. 633).

    "Municipal code official."  An individual employed by a municipality or more than one municipality and certified by the Department of Labor and Industry (such as inspectors for Commonwealth Code Inspection Service, Inc.) under this act to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations under this act or related acts.

    "Municipality."  A city, borough, incorporated town, township or home rule municipality.

    "NCSBCS."  The National Conference of State Building Codes and Standards.

    "Occupancy."  The purpose for which a building, or portion thereof, is used.

    "Recreational cabin." A structure which is:

 (1) utilized principally for recreational activity;
 (2) not utilized as a domicile or residence for any individual for any time period;
 (3) not utilized for commercial purposes;
 (4) not greater than two stories in height, excluding basement;
 (5) not utilized by the owner or any other person as a place of employment;
 (6) not a mailing address for bills and correspondence; and
 (7) not listed as an individual's place of residence on a tax return, driver's license, car
registration or voter registration.

    "Repair." The reconstruction or renewal of any part of an existing building for the purpose of its maintenance.
 
    "Residential building." Detached one-family and two-family dwellings and multiple single-family dwellings which are not more than three stories in height with a separate means of egress which includes accessory structures.

    "Secretary."  The Secretary of Labor and Industry of the Commonwealth.

    "State institutions."  As defined in § 7210.901 of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.

    "Technically infeasible."  An alteration of a building or a facility that has little likelihood of being accomplished because the existing structural conditions require the removal or alteration of a load-bearing member that is an essential part of the structural frame or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility.

    "Third-party agency."  A person, firm or corporation certified by the Department of Labor and Industry (such as Commonwealth Code Inspection Service, Inc.) as a construction code official and contracted to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations under this act.

    "Uniform Construction Code."  The code established in section 301.

    "Utility and miscellaneous use structures."  Buildings or structures of an accessory character and miscellaneous structures not classified by the Building Officials and Code Administrators International, Inc., in any specific use group. The term includes carports, detached private garages, greenhouses and sheds having a building area less than 1,000 square feet. The term does not include swimming pools or spas.

§ 7210.104.  Application. (Back to Table of Contents)

    (a)  General rule. - This act shall apply to the construction, alteration, repair and occupancy of all buildings in this Commonwealth.

    (b)  Exclusions. - This act shall not apply to:

          (1)  new buildings or renovations to existing buildings for which an application for a building permit has been made to the municipality prior to the effective date of the regulations promulgated under this act;

          (2)  new buildings or renovations to existing buildings on which a contract for design or construction has been signed prior to the effective date of the regulations promulgated under this act on projects requiring department approval;

          (3)  utility and miscellaneous use structures that are accessory to detached one-family dwellings; or

          (4)  any agricultural building.

          (5) alterations to residential buildings which do not make structural changes or changes to means of egress, except as might be required by ordinances in effect pursuant to section 303(b)(1) or adopted pursuant to section 503. For purposes of this paragraph, a structural change does not include a minor framing change needed to replace existing windows or doors;
 
          (6) repairs to residential buildings, except as might be required by ordinances in effect pursuant to section 303(b)(1) or adopted pursuant to section 503;
 
          (7) any recreational cabin if:

              (i) the cabin is equipped with at least one smoke detector, one fire extinguisher and one carbon monoxide detector in both the kitchen and sleeping quarters; and

              (ii) the owner of the cabin files with the municipality either:

                  (A) an affidavit on a form prescribed by the department attesting to the fact that the cabin meets the definition of a "recreational cabin" in section 103; or

                  (B) a valid proof of insurance for the recreational cabin, written and issued by an insurer authorized to do business in this Commonwealth, stating that the structure meets the definition of a "recreational cabin" as defined in section 103.
 
    (b.1) Continuity of Exclusion. -
 
           (1) If a recreational cabin is subject to exclusion under subsection (b)(7), upon transfer of ownership of the recreational cabin, written notice must be provided in the sales agreement and the deed that the recreational cabin:

                (i) is exempt from this act;
                (ii) may not be in conformance with the Uniform Construction Code; and
                (iii) is not subject to municipal regulation.
 
           (2) Failure to comply with the notice requirement under paragraph (1) shall render the sale voidable at the option of the purchaser.

    (c)  Prior permits and construction. -

          (1)  Subject to paragraph (2), a construction permit issued under valid construction regulations prior to the effective date of the regulations issued under this act shall remain valid, and the construction of any building or structure may be completed pursuant to and in accordance with the permit.

          (2)  If the requirements of the permit have not been actively prosecuted within two years of the effective date of the regulations or the period specified by a municipal ordinance, whichever is less, the former permit holder shall be required to acquire a new permit. Where construction of a building or structure commenced before the effective date of the regulations promulgated under this act and a permit was not required at that time, construction may be completed without a permit.

    (d)  Preemption. 

          (1)  Except as otherwise provided in this act, construction standards provided by any statute or local ordinance or regulation promulgated or adopted by a board, department, commission, agency of State government or agency of local government shall continue in effect only until the effective date of regulations promulgated under this act, at which time they shall be preempted by regulations promulgated under this act and deemed thereafter to be rescinded.

          (2)  (i)  Except as otherwise provided in this act and as specifically excepted in subparagraph (ii), a homeowners' association or community association shall be preempted from imposing building construction standards or building codes for buildings to be constructed, renovated, altered or modified.

                (ii)  In municipalities which have not adopted an ordinance for the administration and enforcement of this act, a homeowners' association or community association may adopt by board regulations the Uniform Construction Code or the ICC International One and Two Family Dwelling Code, 1998 Edition. The applicable building code shall constitute the standard governing building structures in the association's community.

          (3)  Nothing in this act shall preempt any licensure or Federal certification requirements for health care facilities, intermediate care facilities for the mentally retarded or for persons with related conditions or State institutions. This paragraph includes building and life safety code standards set forth in applicable regulations.

          (4)  Nothing in this act shall limit the ability of the Department of Aging, the Department of Health or the Department of Public Welfare to promulgate or enforce regulations which exceed the requirements of this act.

    (e)  Municipal regulation. - Nothing in this act shall prohibit a municipality from licensing any persons engaged in construction activities or from establishing work rules or qualifications for such persons.

    (f)  Application to swimming pools and spas. -

          (1)  The provisions of this act as they relate to swimming pools and spas shall not be applicable to those constructed or installed prior to the effective date of this act.

          (2)  All swimming pools and spas constructed or installed after the effective date of this act shall be governed by the requirements of this act, including section 503.

§ 7210.105.  Department of Labor and Industry. (Back to Table of Contents)

    (a)  Review. -

          (1)  The department shall with reasonable cause review municipalities, municipal code officials, third-party agencies, construction code officials and code administrators concerning the enforcement and administration of this act, including specifically complaints concerning accessibility requirements.

          (2)  The department shall make a report to the governing body of the municipality that was the subject of the review. The report shall include recommendations to address any deficiency observed by the department.

          (3)  The department may require compliance with this act through proceedings in Commonwealth Court.

    (b)  State-owned buildings. -

          (1)  The department shall maintain plan and specification review and inspection authority over all State-owned buildings. State-owned buildings shall be subject to regulations promulgated under this act. The department shall notify municipalities of all inspections of State-owned buildings and give municipalities the opportunity to observe the department inspection of such buildings.

          (2)  Municipalities shall notify the department of all inspection of buildings owned by political subdivisions and give the department the opportunity to observe municipal inspection of such buildings.

          (3)  The department shall make available to municipalities, upon request, copies of all building plans and plan review documents in the custody of the department for State-owned buildings.

          (4)  A municipality shall make available to the department, upon request, copies of all building plans and plan review documents in the custody of the municipality for buildings owned by political subdivisions.

    (c)  Elevators and conveying systems. -

          (1)  The department shall maintain Statewide administration and inspection authority over ski lifts, inclined passenger lifts and related devices, and elevators, conveying systems and related equipment as defined in section 3002.0 (definitions) of Chapter 30 of the 1999 BOCA National Building Code, Fourteenth Edition.

          (2)  Notwithstanding Chapters 3 and 5, the department may, subject to the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, by regulation modify the 1999 BOCA National Building Code, Fourteenth Edition, Referenced Standards for elevator construction, repair, maintenance and inspection. The department shall not require reshackling more than once every two years.

          (3)  Nothing in this section shall be construed to disallow third-party elevator inspections.

    (d)  Department of Health. -

          (1)  Health care facilities, intermediate care facilities for the mentally retarded or for persons with related conditions and State institutions shall continue to comply with building codes and standards set forth in the applicable licensure laws and regulations. This paragraph includes the applicable edition of the National Fire Protection Association's Life Safety Code, NFPA No. 101, and the applicable edition of the Guidelines for Construction and Equipment of Hospital and Medical Facilities.

          (2)  The department may delegate its responsibility for conducting plan reviews and inspections for health care facilities to the Department of Health.

    (e)  Limitation. - Nothing in this act, the regulations under this act or the administration of the act or the regulations by the department shall contravene the right of builders to freely compete for and perform contracts for construction of commercial buildings in this Commonwealth.

§ 7210.106.  Accessibility Advisory Board. (Back to Table of Contents)

    (a)  Creation and composition. -

          (1)  There is hereby created an Accessibility Advisory Board which shall be composed of 11 members appointed by the secretary. At least six members of the advisory board shall be public members, three of whom shall be persons with physical disabilities, one shall be an architect registered in Pennsylvania, one shall be a member of the business community, and one shall be a representative of the multifamily housing industry. One member shall be a municipal official. The chairman and minority chairman of the Labor and Industry Committee of the Senate and the chairman and minority chairman of the Labor Relations Committee of the House of Representatives, or their designees, shall be members. All members of the advisory board, except the members of the General Assembly, shall serve for a term of two years and until their successors are appointed.

          (2)  The members of the advisory board shall be paid traveling expenses and other necessary expenses and may receive a per diem compensation at a rate to be determined by the secretary for each day of actual service in the performance of their duties under this act.

          (3)  Meetings of the advisory board shall be called by the secretary. A quorum of the advisory board shall consist of four members.

          (4)  The initial advisory board shall be the body constituted under the former provisions of section 3.1 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."

    (b)  Advice on regulation. - The advisory board shall review all proposed regulations under this act and shall offer comment and advice to the secretary on all issues relating to accessibility by persons with physical disabilities, including those which relate to the enforcement of the accessibility requirements.

    (c)  Recommendations for modifications. - The advisory board shall review all applications from individual projects for modifications of the provisions of Chapter 11 (Accessibility) of the Uniform Construction Code and any other accessibility requirements contained in or referenced by the Uniform Construction Code and shall advise the secretary regarding whether modification should be granted or whether compliance by existing facilities with provisions of Chapter 11 (Accessibility) of the Uniform Construction Code and any other accessibility requirements contained in or referenced by the Uniform Construction Code is technically infeasible.

 

§ 7210.301.  Adoption by regulations. (Back to Table of Contents)

    (a)  Regulations. -

          (1)  The department shall, within 180 days of the effective date of this section, promulgate regulations adopting the 1999 BOCA National Building Code, Fourteenth Edition, as a Uniform Construction Code, except as provided in section 105(c)(2) and this section. The department shall promulgate separate regulations which may make changes to Chapter 1 of the 1999 BOCA National Building Code, Fourteenth Edition, relating to administration that are necessary for the department's implementation of this act.

          (2)  The regulations shall include a provision that all detached one-family and two-family dwellings and one-family townhouses that are not more than three stories in height and their accessory structures shall be designed and constructed either in accordance with the ICC International One and Two Family Dwelling Code, 1998 Edition, or in accordance with the requirements of the Uniform Construction Code at the option of the building permit applicant. The provision shall require that an irrevocable election be made at the time plans are submitted for review and approval. If the building permit applicant does not indicate a code, the design and construction shall be in accordance with the Uniform Construction Code.

          (3)  The regulations shall include a provision that the secretary shall have the exclusive power to grant modifications and decide issues of technical infeasibility under Chapter 11 (Accessibility) of the Uniform Construction Code and any other accessibility requirements contained in or referenced by the Uniform Construction Code for individual projects.

          (4)  The secretary shall consider the recommendations of the advisory board as provided in section 106(c). The department shall consider the comments of the advisory board with respect to accessibility issues in any proposed regulations.

          (5)  The regulations shall provide for a system of periodic compliance reviews conducted by the department and for enforcement procedures conducted by the department to ensure that code administrators are adequately administering and enforcing Chapter 11 (Accessibility) of the Uniform Construction Code and any other accessibility requirements contained in or referenced by the Uniform Construction Code.

          (6)  The regulations shall include the provisions of exception 8 to section 1014.6 (relative to stairway treads and risers) of the 1993 BOCA National Building Code, Twelfth Edition, and the provisions of section R-213.1 (relative to stairways) of the CABO One and Two Family Dwelling Code, 1992 Edition, and such provisions shall be applicable notwithstanding section 303(b), which shall not apply to the provisions of any municipal building code ordinance which equals or exceeds these provisions.

          (7)  The department shall consult with the Department of Health in the development of regulations relating to health care facilities, intermediate care facilities for the mentally retarded or for persons with related conditions and State institutions.

          (8) The regulations shall exclude section R313.1.1 of the 2003 International Residential Code for One- and Two-Family Dwellings or its successor code from applying to existing one-family and two-family unit dwellings undergoing alterations, repairs or additions but shall include provisions requiring non-interconnected battery-operated smoke alarms in one-family and two-family dwellings in accordance with section R313.1.1 of the 2003 International Residential Code for One-and Two-Family Dwellings.

    (b)  International Fuel Gas Code. - The department shall, within 180 days of the effective date of this section, promulgate regulations adopting the International Fuel Gas Code for the installation of fuel gas piping systems, fuel gas utilization equipment and related accessories as the standard for the installation of piping, equipment and accessories in this Commonwealth.

    (c)  Prescriptive methods for energy-related standards. - The department shall, within 180 days of the effective date of this section, by regulation promulgate prescriptive methods to implement the energy-related standards of the Uniform Construction Code which take into account the various climatic conditions through this Commonwealth. In deriving these standards the department shall seek to balance energy savings with initial construction costs.

    (d)  Scope of regulations. -

          (1)  The regulations adopted by the department implementing these codes shall supersede and preempt all local building codes regulating any aspect of the construction, alteration and repair of buildings adopted or enforced by any municipality or authority or pursuant to any deed restriction, rule, regulation, ordinance, resolution, tariff or order of any public utility or any State or local board, agency, commission or homeowners' association except as may be otherwise specifically provided in this act.

          (2)  The department may establish by regulation plan review and inspection fees where the department is responsible for administration and enforcement and requirements for municipal notification to the department of ordinance adoption and repeal under Chapter 5. The department shall consult with the Department of Aging, the Department of Health or the Department of Public Welfare, as appropriate, to determine fees for health care facilities, intermediate care facilities for the mentally retarded or for persons with related conditions and State institutions.

          (3)  The department shall establish by regulation standards for the retention and sharing of building plans and other documents, for other than one-family or two-family dwelling units and utility and miscellaneous use structures, by the department, municipalities and third-party agencies.

§ 7210.302.  Referenced standards. (Back to Table of Contents)

    (a)  General rule. -

          (1) Subject to paragraph (2), the standards referenced in Chapters 30 and 35 relating to elevators and conveying systems and referenced standards, respectively, or the applicable chapter, of the 1999 BOCA National Building Code, Fourteenth Edition, and the American National Standards for Passenger Tramways, Aerial Tramways, Aerial Lifts, Surface Lifts and Tows, ASME/ANSI B77.1, shall be considered part of the requirements of the Uniform Construction Code to the prescribed extent of each such reference except that BNPMC-96 BOCA National Property Maintenance Code and ASME/ANSI A17.3 (safety code for existing elevators and escalators) shall be excluded.

          (2) The standards under paragraph (1) shall include the latest ANSI standards applicable to the operation of ski lifts.

    (b)  No preemption. - Nothing contained in this act shall be construed to preempt the ability of a municipality to adopt or enforce the codes referred to in this section to the extent not referenced, in whole or in part, in Chapter 35 relating to referenced standards or applicable chapter of the 1999 BOCA National Building Code, Fourteenth Edition.

§ 7210.303.  Existing municipal building code ordinances. (Back to Table of Contents)

    (a)  Failure to meet minimum requirements. -

          (1)  Except as provided in paragraph (2), the provisions of municipal building code ordinances in effect on the effective date of this act that do not equal or exceed the minimum requirements of the regulations promulgated under this act shall be amended by the effective date of the regulations promulgated under this act to provide for the minimum requirements.

          (2)  A municipal building code ordinance provision in effect in or adopted by a city of the first class on or before January 1, 1998, shall remain in effect until December 31, 2003, by which time those provisions of the ordinance which do not comply with the minimum requirements of the regulations promulgated under this act shall be amended to provide for the minimum requirements of regulations promulgated under this act.

    (b)  Provisions which equal or exceed the Uniform Construction Code. -

          (1)  Municipal building code ordinances in effect on July 1, 1999, or reenactments of provisions of simultaneously repealed ordinances which were originally adopted prior to July 1, 1999, which contain provisions which equal or exceed the specific requirements of the regulations promulgated under this act shall remain in effect until such time as any such provisions fail to equal or exceed the minimum requirements of the regulations promulgated under this act, at which time the provisions of such ordinances shall be amended to provide for the minimum requirements of the regulations promulgated under this act.

          (2)  Municipal building code ordinances adopted or effective after July 1, 1999, except reenactments of provisions of simultaneously repealed ordinances which were originally adopted prior to July 1, 1999, shall continue in effect only until the effective date of the regulations promulgated under this act, at which time the municipal building code ordinance shall be preempted by the regulations promulgated under this act and shall be deemed thereafter to be rescinded.

§ 7210.304.  Revised or successor codes. (Back to Table of Contents)

    (a)  Building code. -

          (1)  By December 31 of the year of the issuance of a new triennial BOCA National Building Code, or its successor building code, the department shall promulgate regulations adopting the new code as the Uniform Construction Code.

          (2)  By December 31 of the year of issuance of a new triennial ICC International One and Two Family Dwelling Code, or its successor building code, the department shall promulgate regulations providing that all detached one-family and two-family dwellings and one-family townhouses that are not more than three stories in height and their accessory structures may be designed in accordance with that code or the Uniform Construction Code at the option of the building permit applicant.

    (b)  International Fuel Gas Code. - By December 31 of the year of the issuance of a new International Fuel Gas Code, or its successor code, the department shall promulgate regulations adopting the new code.

    (c)  Prior permits and construction. -

          (1)  A construction permit issued under valid construction regulations prior to the effective date of regulations for a subsequent Uniform Construction Code or International Fuel Gas Code issued under this act shall remain valid, and the construction of any building or structure may be completed pursuant to and in accordance with the permit.

          (2)  If the permit has not been actively prosecuted within two years of the effective date of the regulation or the period specified by a municipal ordinance, whichever is less, the former permit holder shall be required to acquire a new permit.

          (3)  Where construction of a building or structure commenced before the effective date of the regulations for a subsequent Uniform Construction Code or International Fuel Gas Code issued under this act and a permit was not required at that time, construction may be completed without a permit.

§ 7210.305.  Existing municipality or municipal authority standards for lateral connections. (Back to Table of Contents)

    (a) General rule - Municipality or municipal authority standards for lateral connections located on private property and connecting to public infrastructure owned by a municipality or municipal authority that were in effect on January 1, 2005, and contain provisions that equal or exceed the requirements of the regulations promulgated under this act, the internal residential code or under the international plumbing code shall remain in effect until such time as any such provisions fail to equal or exceed the minimum requirements of the regulations promulgated under this act, at which time the standards shall be amended to equal or exceed the minimum requirements of the regulations promulgated under this act.

    (b) Filing requirement - Municipality or municipal authority standards qualifying under subsection (a) shall be filed with the department and any local governments served by the municipality or municipal authority with such standards.

(TOP OF PAGE)

Chap.

401. UNIFORM CONSTRUCTION CODE TRAINING AND CERTIFICATION OF CODE ADMINISTRATORS

403. ADMINISTRATION

405. ELEVATORS AND OTHER LIFTING DEVICES

CHAPTER 401. UNIFORM CONSTRUCTION CODE TRAINING

AND CERTIFICATION OF CODE ADMINISTRATORS

Sec.

401.1. Definitions.

401.2. Department fees.

401.3. Certification required.

401.4. Application and identification.

401.5. Waivers.

401.6. Certification categories and testing.

401.7. Certification category specifications.

401.8. Certification renewal.

401.9. Continuing education.

401.10. Department-approved providers.

401.11. Certification of third-party agency.

401.12. Liability insurance.

401.13. List of code administrators.

401.14. Decertification or refusal to certify.

401.15. Registration of current code administrators.

401.16. Change of address or employer.

§ 401.1. Definitions. (Top)

The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates

otherwise:

ALI—The Automatic Lift Institute, Post Office Box 33116, Indialantic, Florida, 32903-3116.

ANSI—American National Standards Institute, 11 West 42nd Street, New York, New York 10036.

APSP -- The Association of Pool and Spa Professionals, 2111 Eisenhower Avenue, Alexandria, VA 22314-4695

ASME—The American Society of Mechanical Engineers, Three Park Avenue, New York, New York 10016-5990.

Accessibility Advisory Board—The Department’s Accessibility Advisory Board created under section 106 of the act (35 P.

S. § 7210.106).

Accredited academic institution—A high school, technical or vocational school, private school licensed or registered with

the Department of Education, junior college, community college or university.

Act—The Pennsylvania Construction Code Act (35 P. S. §§ 7210.101— 7210.1103).

Addition -- An extension or increase in floor area or height of a building or structure.

Agricultural Building

i. A structure utilized to store farm implements, hay, feed, grain or other agricultural or horticultural products or to

house poultry, livestock or other farm animals and a milk house.

ii. The term includes a carriage house owned and used by members of a recognized religious sect for the purposes

of housing horses and storing buggies.

iii. The term shall not include habitable space or spaces in which agricultural products are processed, treated or

packaged and shall not be construed to mean a place of occupancy by the general public.

Alteration -- Any construction or renovation to an existing structure other than repair or addition.

Board of appeals—A body established by a municipality or municipalities which are parties to an agreement for the joint

administration and enforcement of the act to hear requests for variances or extensions of time, and appeals from code

administrator decisions.

Building—A structure used or intended for supporting or sheltering any occupancy.

Building code official—A construction code official, or the building code official’s designee, who manages, supervises and

administers building code enforcement activities under § 401.7(a)(18) (relating to certification category specifications).

Duties include, but are not limited to: management of building code enforcement activities; supervision of building

inspectors or plan examiners; authorizing issuance of certificates of occupancy; issuance of building permits, violation

notices and orders to vacate; and the initiation of prosecutions.

Certificate of occupancy—A certificate issued by a building code official allowing occupancy of a building or structure

under the Uniform Construction Code.

Certified building official—A classification administered by the International Code Council or its predecessor organization.

Chapter 11—Chapter 11 of the International Building Code relating to accessibility requirements adopted as part of the

Uniform Construction Code.

Code administrator—A municipal code official, construction code official or third-party agency certified with the

Department under the act or the Department under section 103 of the act (35 P. S. § 7210.103). The term includes an

individual certified in a category established under this chapter to perform plan review of construction documents or

administer and enforce codes and regulations in that category under the act or related acts.

Commercial construction—A building, structure or facility that is not a residential building.

Construction code official—An individual certified by the Department in an appropriate category established under section

701(b) of the act (35 P. S. § 7210.701(b)) to perform plan review of construction documents, inspect construction or

administer and enforce codes and regulations in that category under the act or related acts under section 103 of the act.

Conveyor—A horizontal, inclined or vertical device for moving or transporting bulk material, packages or objects in a path

predetermined by the design of the device and having points of loading and discharge, fixed or selected, and related

equipment and devices described in and governed by the ASME standards adopted in this chapter.

Current code administrator—An individual who performed plan review of construction documents, inspections of one family

or two-family residential property or other buildings, structures and equipment or administered and enforced a

construction code program, and who was employed by or under contract with the Commonwealth or a municipality prior to

the effective date of adoption of the final-form regulations for the Uniform Construction Code. The term includes an

individual who performed these duties as an employee, contractor or agent of a person employed by or under contract

with the Commonwealth or a municipality of this Commonwealth prior to April 9, 2004.

Department—The Department of Labor and Industry of the Commonwealth.

Elevator—Hoisting and lowering devices governed by ASME standards adopted by the Department under the Uniform

Construction Code and other lifting devices subject to the requirements of the Uniform Construction Code.

Facility—All or any portion of buildings, structures, site improvements, elements and pedestrian or vehicular routes

located on sites where the buildings or structures are located.

Filing date—The date that the Department or building code official receives the completed permit application.

Fire and Panic Act—The act of April 27, 1927 (P. L. 465, No. 299) (35 P. S. §§ 1221-1235), known as the Fire and Panic Act.

Health care facility—A facility licensed under the Health Care Facilities Act.

Health Care Facilities Act—The Health Care Facilities Act (35 P. S. §§ 448.101-448.904b).

ICC—International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401.

ICC Electrical Code—The ‘‘ICC Electrical Code-Administrative Provisions 2006’’ (first printing) issued by the ICC. The

term includes all errata issued by the ICC.

ICC Evaluation Services, Inc.—The ICC Evaluation Services, Inc., 5360 Workman Mill Road, Whittier, California 90601.

ISO—The International Organization for Standardization, 1, Rue de Varembe[eacute], Case Postale 56 CH 1211, Geneva

20, Switzerland.

Industrial Board—The Department’s Industrial Board established under sections 445 and 2214 of The Administrative

Code of 1929 (71 P. S. §§ 155 and 574), which hears requests for variances and extensions of time and appeals of

decisions of the Department under the Uniform Construction Code.

Industrialized housing—Under section 3 of the Industrialized Housing Act (35 P. S. § 1651.3), a structure designed

primarily for residential occupancy which is wholly or in substantial part made, fabricated, formed or assembled in

manufacturing facilities for installation, or assembly and installation, on the building site. The term does not include

housing units defined as mobile homes.

International Building Code—Chapters 2-29 and 31-35 of the ‘‘International Building Code 2006’’ (first printing), issued by

the ICC. The term includes all errata issued by the ICC.

International Energy Conservation Code—The ‘‘International Energy Conservation Code 2006’’ (first printing) issued by

the ICC. The term includes all errata issued by the ICC.

International Accreditation Service, Inc.—The International Accreditation Service, Inc., 5360 Workman Mill Road, Whittier,

California 90601.

International Existing Building Code—The ‘‘International Existing Building Code for Buildings and Facilities 2006” (first

printing) issued by the International Code Council. The term includes all errata issued by the ICC.

International Fire Code—The ‘‘International Fire Code 2006’’ (first printing) issued by the ICC. The term includes all errata

issued by the ICC.

International Fuel Gas Code—The ‘‘International Fuel Gas Code 2006’’ (first printing) issued by the ICC. The term

includes all errata issued by the ICC.

International Mechanical Code—The ‘‘International Mechanical Code 2006’’ (first printing) issued by the ICC. The term

includes all errata issued by the ICC.

International Performance Code—The ‘‘International Performance Code for Buildings and Facilities 2006’’ (first printing)

issued by the ICC. The term includes all errata issued by the ICC.

International Plumbing Code—The ‘‘International Plumbing Code 2006’’ (first printing) issued by the ICC. The term

includes all errata issued by the ICC.

International Residential Code—The ‘‘International Residential Code for One-and Two-Family Dwellings 2006’’ (first

printing) issued by the ICC. The term includes all errata issued by the ICC.

International Urban-Wildland Interface Code—The ‘‘International Wildland-Urban Interface Code 2006’’ issued by the ICC.

The term includes all errata issued by the ICC.

Legally occupied—Use or habitation of a building or facility that was occupied in accordance with all valid construction

statutes and ordinances in effect before April 9, 2004.

Manufactured housing—Under section 901(a) of the act (35 P. S. § 7210.901(a)), housing which bears a label as required

by and referenced in the Manufactured Housing Act (35 P. S. §§ 1656.1-1656.9), certifying that it conforms to Federal

construction and safety standards adopted under the National Manufactured Housing Construction and Safety Standards

Act of 1974 (42 U.S.C.A. §§ 5401-5426).

Occupancy—Approved use of a building or a structure under the Uniform Construction Code.

PHRC—The Pennsylvania Housing Research Center, 219 Sackett Building, University Park, Pennsylvania 16802.

Passenger ropeway—An aerial tramway, aerial lift, surface lift, tow, conveyor or other lifting device which carries, pulls or

pushes passengers along a level or inclined path by means of a haul rope or other flexible element which is driven by a

power unit remaining essentially at a single location.

Pennsylvania’s alternative residential energy provisions—The ‘‘Pennsylvania Alternative Residential Energy Provisions’’

issued in 2006 by the PHRC.

Permit—A document issued by a building code official authorizing the construction, alteration, repair, demolition, location,

maintenance or installation relating to a building, structure, elevator or equipment under the Uniform Construction Code.

Person—Includes a corporation, partnership, business trust, other association, estate, trust, foundation or natural person.

The term also includes the governing authority for a county or municipality, and a government entity other than the

Commonwealth.

Personal delivery—The date that the appeal or request for a variance or extension of time under §§ 403.122 and 403.142

(relating to appeals, variances and extensions of time; and Accessibility Advisory Board) was delivered to a common

carrier, or was received by facsimile transmission or hand-delivery at the office of the building code official.

Postmark—The date of the official United States Postal Service postmark on the envelope containing an appeal or

request for variance or extension of time under §§ 403.122 and 403.142 or the date of a private postage meter mark on

the envelope containing the appeal or request.

Recreational Cabin— A structure where all of the following apply:

i. The cabin is utilized principally for recreational activity.

ii. The cabin is not utilized as a domicile or residence for any individual for any time period.

iii. The cabin is not utilized for commercial purposes.

iv. The cabin is not greater than two stories in height, excluding basement.

v. The cabin is not utilized by the owner or any other person as a place of employment.

vi. The cabin is not a mailing address for bills and correspondence.

vii. The cabin is not listed as an individual's place of residence on a tax return, driver's license, car registration or voter

registration.

Repair—Reconstruction or renewal of any part of an existing building for the purpose of its maintenance.

Residential building—Detached one-family and two-family dwellings and multiple single-family dwellings which are not

more than three stories in height with a separate means of egress which includes the accessory structures.

Secretary—The Secretary of the Department.

State-owned building—A building owned by or to be constructed for Commonwealth entities consisting of the General

Assembly, the Unified Judicial System, the Pennsylvania Higher Education Assistance Agency, an executive agency,

independent agency, and a State-affiliated entity or State-related institution as defined in 62 Pa.C.S. § 103 (relating to

definitions).

Structure—A combination of materials that are built or constructed with a permanent location or attached to something

that has a permanent location.

Third-party agency—A person, firm or corporation certified by the Department as a construction code official and

contracted to perform plan review of construction documents, inspect construction or administer and enforce codes and

regulations under the act.

Uncertified building

i. An existing building which was not approved for use and occupancy by the Department or a municipality which was

enforcing a building code before April 9, 2004.

ii. The term does not include a residential building.

Uniform Construction Code—This chapter; ‘‘The International Building Code First Edition 2006’’ and the ‘‘International

Residential Code for One-and Two-Family Dwellings 2006,’’ available from the International Code Council, Inc., 4051 W.

Flossmoor Road, Country Club Hills, Illinois 60478-5795, 1 (800) 786-4452; and any standards adopted by the

Department in this chapter under section 301 of the act (35 P. S. § 7210.301).

Utility and miscellaneous use structures

i. Buildings or structures of an accessory character and miscellaneous structures not classified by the ICC in any

specific use group.

ii. The term includes carports, detached private garages, greenhouses and sheds having a building area less than

1,000 square feet.

iii. The term does not include swimming pools or spas.

Variance—A modification of a Uniform Construction Code standard approved by a board of appeals or the Industrial

Board and by the Secretary for accessibility requirements.

§ 401.2. Department fees. (Top)

(a) The following fees apply to the certification of code officials. The Department will charge one fee per certification

application. An individual may apply for certification for multiple categories on a single application form. Fees are nonrefundable.

(1) Initial certification and registration $50

(2) Certification renewal $50

(3) Third party agency certification and renewal $250

(4) Identification card replacement $10

(b) The following fees shall apply to the Department’s issuance of a permit for the construction, alteration or

demolition of a building or structure:

(1) New construction

(i) New buildings and additions $100 plus 20¢ per square foot of floor area or

each fraction of floor area.

(ii) New structures and facilities other than buildings $300

(2) Alterations, renovations or modifications of existing

buildings or structures

$100 plus $20 for each $1,000 of estimated cost

of alterations, renovations or modification certified

by the permit applicant

(3) Revisions of approved plans and accelerated approval $300

(4) Department accessibility plan review and inspection

under § 403.141(b) (relating to enforcement by the

Department)

$200

(5) Building or structure demolition $100

(6) Annual permit $100

(c) The following fees apply to the issuance of a permit for the plan review and application for installation:

(1) Passenger freight and combination passenger/freight

elevators (not hydraulic elevators):

(i) 1-7 floors $363

(ii) 8-20 floors $436

(iii) More than 20 openings $508

(2) Hydraulic passenger, freight, combination

passenger/freight elevators and other lifting devices

$290

(3) Ski lifts $508

(4) Escalator and moving walks $290

(5) Wheelchair lift and inclined stairway chairlift $150

(6) Orchestra lift, belt man-lift, stage lift, organ lift and other

lifting devices

$300

(7) Permit for alterations and major repairs $145

(8) Re-inspection following failed major repair inspection

(per inspection)

$100 paid before re-inspection

(9) Re-inspection following failed acceptance inspection (to

a maximum of $300 per inspection)

50% of original permit fee paid before re-inspection

(10) Revision of plans 50% of original permit fee

(d) The following fees apply to periodic elevator and other lifting device inspections under § 405.7 (relating to

periodic inspections):

(1) Passenger freight and combination passenger/freight

elevators (not hydraulic elevators):

(i) 1-7 floors $94

(ii) 8- 20 floors $116

(iii) More than 20 floors $145

(2) Hydraulic passenger, freight, combination

passenger/freight elevators and other lifting devices

$73

(3) Ski lifts $145

(4) Wheelchair lift and inclined stairway chairlift $75

(5) Escalator and moving walk $94

(6) Orchestra lift, belt man-lift, stage lift, organ lift and other

lifting devices

$75

(e) The following fees apply to witnessing periodic tests under § 405.8 (relating to periodic testing):

(1) Electric elevators with one to ten openings $125

(2) Electric elevators with 11-20 openings $150

(3) Electric elevators with more than 20 openings $175

(4) Roped hydraulic elevator and roped/chained vertical

reciprocal conveyor

$110

(5) Hydraulic elevator, limited use/limited application

elevator and direct hydraulic vertical reciprocating conveyor

$85

(6) Escalator and moving walk $85

(7) Wheelchair lift and inclined stairway chairlift $75

(8) Orchestra lift, belt man-lift, stage lift and organ lift $125

(9) Other equipment $85

(f) The following fees shall apply to the witnessing of periodic dynamic testing required under § 405.9 (relating to

periodic dynamic testing):

(1) Aerial tramways $300

(2) Detachable aerial grips $300

(3) Fixed grip aerial lifts $200

(g) The following fees shall apply to a certificate of operation:

(1) Annual renewal $36

(2) Duplicate $25

(h) The following fees shall apply to a variance request:

(1) Industrial Board variance request appeal or extension

of time $100

(2) Accessibility Advisory Board variance request

application $100

§ 401.2a. Municipal and third-party agency fees. (Top)

(a) A municipality or third-party agency that enforces the Uniform Construction Code may establish fees for its

administration and enforcement and time periods for payment of the fees. The municipality or third-party agency may

establish a required time period for payment of the fees and fees for plan review, inspections and other activities related to

the Uniform Construction Code.

(b) The building code official for the municipality and a third-party agency shall make the fee schedule available to the public.

(c) A municipality or third-party agency may establish a fee refund policy.

(d) A municipality or third-party agency may withhold issuance of a certificate or permit until a required fee is paid.

(e) A municipality may establish other fees authorized by law.

§ 401.3. Certification required. (Top)

(a) A person may not perform a plan review of construction documents, inspect construction or equipment, or

administer and enforce the Uniform Construction Code without being currently certified or registered by the Department in

the category applicable to the work that is to be performed.

(b) A person may not approve plans or perform inspections relating to accessibility requirements without being

certified by the Department as an accessibility inspector/plans examiner.

§ 401.4. Application and identification. (Top)

(a) An applicant for certification shall submit a Department-provided application, pay the required fee and submit

verification of meeting the requirements of this chapter and passing all of the certification examinations for a specific

certification category in § 401.6 (relating to certification categories and testing) on or after July 12, 1996.

(b) The Department will issue an identification card to an applicant who meets the certification requirements.

(c) A certification holder shall notify the Department in writing if the identification card is lost or destroyed. The

Department will charge a required fee for issuance of a new identification card.

(d) Certification and certification renewal will not be valid until the Department receives the required fee.

(e) The period of certification shall be 3 years from the issuance date of a certification under § 401.8(a) (relating to

certification renewal).

(f) The Department may refuse to issue certification for just cause in accordance with § 401.14 (relating to

decertification or refusal). The Department will provide written notification of the reasons for the refusal to issue certification.

§ 401.5. Waivers. (Top)

(a) The Department may grant a request for waiver of the testing requirements of § 401.6 (relating to certification

categories and testing) if the applicant meets any of the following criteria:

(1) Passed a test substantially similar to the testing categories in § 401.6 within the 6 years prior to July 12, 2002.

(2) Passed a test substantially similar to the testing categories in § 401.6 before July 12, 1996, so long as the

applicant submits any of the following to the Department:

(i) Evidence of continued employment as a code administrator in the related field.

(ii) Current certification issued by a model code organization.

(iii) Evidence of completion of 30 hours of continuing education or a college degree program in

associated fields.

(3) Passed a certified building official examination. An applicant who passed the examination may be eligible

to receive certification in the following categories:

(i) Residential building inspector.

(ii) Building inspector.

(iii) Building plans examiner.

(b) An applicant for waiver shall complete a Department-provided application form and pay the required initial

certification fee under § 401.2 (relating to Department fees). If the Department approves the waiver, the applicant shall

comply with § 401.4 (relating to application and identification).

(c) A code administrator may act in place of a lumber grading or inspection agency to satisfy the requirement set forth

under section 2303.1.1 of the International Building Code or its successor code or sections R404.2.1, R502.1, R602.1, R802.1

of the “International Residential Code” or its successor code under section 701(b)(2) of the act (35 P.S. § 7210.701(b)(2)).

§ 401.6. Certification categories and testing. (Top)

The Department will issue a certification for a specific category to an applicant who receives a passing grade in all of the

examinations required for that category. The Department will accept the following category examinations or successor

examinations administered by the Department, the National Certification Program for Construction Code Inspectors,

Assessment Services, Incorporated, the National Association of Elevator Safety Authorities or other Nationally-recognized

testing program approved by the Department. The Department will list the approved providers on its Internet website.

Certification Categories Examination Number and Name

Residential building inspector 1 A Building 1 & 2 family dwelling

Residential electrical inspector 2A Electrical 1 & 2 family dwelling

Residential mechanical inspector 4A Mechanical 1 & 2 family dwelling

Residential plumbing inspector 5A Plumbing 1 & 2 family dwelling

Residential energy inspector E1 Residential energy plan review & inspection

Building inspector 1B Building general

3B Fire protection general

Fire inspector F1 Fire prevention inspection general I

Electrical inspector 2B Electrical general

Mechanical inspector 4B Mechanical general

Plumbing inspector 5B Plumbing general

Energy inspector E2 Commercial energy inspection

Accessibility inspector/plan examiner A1 accessibility inspector/plan examiner

Building plans examiner 1B Building general

1C Building plan review

3B Fire protection general

3C Fire protection plan review

Electrical plans examiner 2B Electrical general

2C Electrical plan review

Mechanical plans examiner 4B Mechanical general

4C Mechanical plan review

Plumbing plans examiner 5B Plumbing general

5C Plumbing plan review

Energy plans examiner E3 Commercial energy plan review

Building code official (code administrator) Department-administered test on State law and application

Elevator inspector Qualified elevator inspector test or its equivalent

Passenger ropeway inspector Department administered test on ANSI B77.1-1999 edition

§ 401.7. Certification category specifications. (Top)

An individual certified by the Department in the following categories may perform the duties described in the specific

category as a construction code official:

(1) Residential building inspector.

(i) Inspects one-family and two-family dwellings and jurisdictional accessory structures to ensure that these

structures are free from hazardous structural conditions and comply with the Uniform Construction Code.

(ii) Duties include inspection of footings and foundations, concrete slabs, wood decay and termite protection,

floor and ceiling framing, wall framing, roof framing, masonry walls, sheathing, roof covering, interior and exterior

wall coverings, means of egress system and safety glazing.

(2) Residential electrical inspector.

(i) Inspects one-family and two-family dwellings and jurisdictional accessory structures to ensure that these

structures are free from hazardous electrical installations and comply with the Uniform Construction Code.

(ii) Duties include determining compliance of electrical service, electrical distribution systems, wiring

methods, panel boards, control devices, conductors and electrical fixture installation.

(3) Residential mechanical inspector.

(i) Inspects one-family and two-family dwellings and jurisdictional accessory structures to ensure that these

structures are free from hazardous mechanical installations and comply with the Uniform Construction Code.

(ii) Duties include determining compliance of mechanical equipment, gas fuel supply systems, venting of

appliances, air ducts, combustion air and comfort cooling.

(4) Residential plumbing inspector.

(i) Inspects one-family and two-family dwellings and jurisdictional accessory structures to ensure that these

structures are free from hazardous plumbing installations and comply with the Uniform Construction Code.

(ii) Duties include determining compliance of water service, building sewer, water distribution, drainage,

waste and vents and fixtures.

(5) Residential energy inspector.

(i) Inspects one-family and two-family dwellings and jurisdictional accessory structures to ensure that energy

installations are made in the manner specified in the Uniform Construction Code.

(ii) Duties include determining compliance of conditioned or unconditioned spaces, R-values for roof/ceiling,

floor and wall assemblies and insulation placement, installation of materials for the building envelope and its

components, moisture control methods such as caulking, sealing and weather-stripping, duct and dipping insulation

and sealing criteria, thermostats for each heating and cooling system, electrical metering, lighting installation and

controls and piping insulation, circulation pump controls, heat traps, shower heads and pool cover installations.

(6) Building inspector.

(i) Ensures that buildings and structures are constructed in accordance with the Uniform Construction Code.

(ii) Duties include inspection of construction site and building location, footings and foundations, wood and

steel framing and connections, masonry construction, precast and cast-in-place concrete, exterior weather

boarding, fire-stopping and draft-stopping, building components related to life safety and fire protection systems

and building components related to size, installation and workmanship.

(iii) May perform residential inspector duties listed in paragraph (1).

(7) Electrical inspector.

(i) Ensures that electrical installations are made in accordance with the Uniform Construction Code

regardless of the size or components used in the installation.

(ii) Duties include determining compliance of raceways (installations, size), cables, panel boards and boxes,

conductors, control devices, motors and generators, electrical equipment and special occupancies.

(iii) May perform residential electrical inspector duties listed in paragraph (2).

(8) Mechanical inspector.

(i) Ensures that mechanical installations are made in the manner specified in the Uniform Construction

Code.

(ii) Duties include determining compliance of fuel piping systems, heating, cooling and ventilation, fuel-fired

equipment venting, steam and hot water heating systems and piping and energy conservation.

(iii) May perform residential mechanical inspector duties listed in paragraph (3).

(9) Plumbing inspector.

(i) Ensures that plumbing installations are made in accordance with the Uniform Construction Code.

(ii) Duties include determining compliance of underground piping installation, rough-in inspections, drain-waste-

venting (DWV) systems, pressure testing, water distribution systems, observation and elimination of cross

connections, system pumps, tanks and pressure vessels and fixtures, traps and valves and their connections.

(iii) May perform residential plumbing inspector duties listed in paragraph (4).

(10) Energy inspector.

(i) Ensures that the building envelope, mechanical systems, electrical power and lighting systems and

building service systems and equipment comply with the approved construction documents and the Uniform

Construction Code.

(ii) Duties include verifying that building envelope and components meet minimum requirements for installation

of materials and that building envelope penetrations are caulked, sealed and weather-stripped, determining

compliance of moisture control methods, installation of and types of mechanical equipment and efficiencies, heating,

ventilation and air conditioning (HVAC) equipment, ducts and piping, insulation and sealing, lighting installation and

lighting controls for building interiors and exteriors, permanently wired poly-phase motors and their efficiencies,

piping insulation, circulation pump controls, heat traps, point-of-use controls and pool cover installations.

(iii) May perform residential energy inspector duties listed in paragraph (5).

(11) Accessibility inspector/plans examiner.

(i) Ensures that buildings and structures are constructed in accordance with the accessibility provisions of

the Uniform Construction Code and that construction documents submitted as part of a permit application comply

with the accessibility provisions of the Uniform Construction Code.

(ii) Duties include inspection of building sites and all interior building components to verify compliance with

the accessibility standards or review of construction documents to verify that the design of building sites and all

interior components comply with the accessibility standards.

(12) Building plans examiner.

(i) Determines that the construction documents submitted as part of a permit application comply with the

Uniform Construction Code.

(ii) Duties include determining the degree of compliance necessary for new construction projects, alterations

or repairs, proper use group/type of construction classification, determining height and area requirements,

minimum means of egress requirements, minimum light and ventilation requirements, minimum design structural

loads, adequacy of soils investigations, adequacy of footing and foundation designs, minimum fire-resistance

requirements, adequacy of barrier-free designs, minimum energy conservation requirements and adequacy of

fire-protection systems.

(13) Fire inspector.

(i) Conducts basic fire prevention inspections and has a general knowledge of applicable codes and standards.

(ii) Duties include field inspections, preparation of correspondence and inspection reports, handling

complaints, and maintaining files related to inspections that were conducted.

(14) Electrical plans examiner.

(i) Determines that the construction documents submitted as part of a permit application comply with the

Uniform Construction Code.

(ii) Duties include determining proper number of services, proper location of services, adequacy of

emergency systems, proper service size, proper over-current protection, special use applications and proper

conductor size and application.

(15) Mechanical plans examiner.

(i) Determines that the construction documents submitted as part of a permit application comply with the

Uniform Construction Code.

(ii) Duties include determining compliance of fuel piping systems, fuel-burning appliances, mechanical

refrigeration systems, incinerators, energy conservation equipment and controls, boilers and pressure vessels,

venting systems, hydronic and steam-piping systems and ventilation air systems.

(16) Plumbing plans examiner.

(i) Determines that the construction documents submitted as part of a permit application comply with the

Uniform Construction Code.

(ii) Duties include determining that water service, building sewer/storm sewer and other underground piping

are properly sized and located, determining that proper drainage fixture units, fixture locations and clearances are

used, determining the adequacy of drain-waste-venting (DWV) riser diagrams and water distribution systems and

determining the proper number of fixtures and proper materials as proposed.

(17) Energy plans examiner.

(i) Ensures that the design criteria specified for a building are correct and in accordance with the Uniform

Construction Code and that alterations, additions and change of use or occupancy are in compliance with the

Uniform Construction Code.

(ii) Duties include determining compliance of the design conditions specified, conditioned or unconditioned

spaces, R values for roof/ceiling, floor and wall assemblies and insulation placement, insulation of materials for

the building envelope and its components, moisture control methods such as caulking, sealing and weather stripping,

duct and dipping insulation and sealing criteria, thermostats for each heating and cooling system,

electrical metering, lighting installation and controls, piping insulation, circulation pump controls, heat raps,

shower heads and pool cover installations.

(18) Building code official.

(i) Manages, supervises and administers building code enforcement activities. The Department, municipality

or a third-party agency that operates an enforcement program under the act will employ at least one person

certified or registered as a building code official.

(ii) Duties include management of building code enforcement activities, supervision of building inspectors or

plans examiners, issuing building permits, occupancy permits, notice of violations and orders to vacate, and

initiation of prosecutions.

(19) Elevator inspector.

(i) Inspects electric and hydraulic elevators, conveying systems and other lifting devices to ensure that these

installations are free from conditions that would present a life safety or fire hazard to persons using the

installations.

(ii) Duties include determining compliance with the Uniform Construction Code regarding door closers,

interlocks, car safeties, over-speed governors, safety tests, re-shackling, ropes, fireman’s recall, brakes and other

related elevator equipment and the investigation of accidents.

(20) Passenger ropeway inspector.

(i) Inspects passenger ropeways to ensure that the installation is free from conditions that would present a

life safety or fire hazard to a person using the installation.

(ii) Duties include investigation of accidents and determining compliances of power units, auxiliary power

units, carriers, cabins, cars, location, vertical and horizontal clearances, haul rope sleeves, guides, haul rope

condition and splice, structures and foundations, capacity, speed, acceleration/ deceleration, loading and

unloading areas, required stopping devices, brakes and rollback devices, tension systems, manual and automatic

control devices, haul rope grips, operation and maintenance of equipment, electrical components, emergency

shut down circuits, bypass circuits, speed regulating devices, and other related ropeway equipment with the

Uniform Construction Code.

§ 401.8. Certification renewal. (Top)

(a) A certification holder shall renew a certification every 3 years from date of issuance to continue to act as a code

administrator. If a certification holder receives certification in an additional category, the expiration date of all his

certifications shall be the date of expiration of the certification that was last issued to the certification holder.

(b) To renew a certification, an applicant shall submit a completed Department-provided renewal form, acceptable

proof of completion of continuing education and the required certification fee under § 401.2 (relating to Department fees).

The Department will post this form on its Internet website (http://www.dli.state.pa.us/) and provide it upon request.

(c) An applicant for renewal shall obtain identification in accordance with § 401.4 (relating to application and

identification).

(d) The Department will not renew a certification that is expired for more than 1 year unless the applicant submits a

certification application under § 401.4 and passes the required examinations under § 401.6 (relating to certification

categories and testing).

(e) An applicant for certification renewal shall submit proof of completion of each continuing education course. The

proof of completion shall be completed by the course provider and contain the following information:

(1) The name and address of the training provider.

(2) The dates attended.

(3) The credit hours claimed.

(4) The title of the course.

(5) The subject matter of the course.

(f) The Department will not renew the certification of a person who was decertified in accordance with § 401.14

(relating to decertification or refusal to certify) during the period that the Department ordered the decertification.

§ 401.9. Continuing education. (Top)

(a) Prior to certification renewal, an applicant shall complete 15 credit hours of continuing education in courses

relating to the professional competency of code administrators. An applicant with multiple certification areas shall

complete 15 credit hours of continuing education for each category after the issuance of the certification or most recent

renewal of certification. The applicant is not required to complete more than 45 credit hours for renewal. At least 1/3 of the

applicant’s continuing education requirement shall be in approved courses relating to the applicant’s certification

categories.

(b) The Department will approve credit as follows:

(1) One credit hour for each 60 minutes actually spent at one course except as otherwise listed in this

subsection.

(2) One credit hour for each 60-minutes of completion time for a self-study course calculated by the sponsor.

The Department may modify credit hours for a self-study course to comply with this section.

(3) Five credit hours for successful completion of an examination for an additional certification category under

subsection (c)(5).

(4) One credit hour for each 60 minutes actually spent in attendance at a model code organization code

change hearing under subsection (c)(6).

(c) The Department approves the following as acceptable courses of study for continuing education credits:

(1) Attendance at a seminar or technical presentation by an approved provider.

(2) Completion of a self-study course offered by an approved provider.

(3) Completion of a classroom course offered by an accredited academic institution.

(4) Instruction at a continuing education seminar or technical presentation for an approved provider.

(5) Successful completion of an examination for an additional certification category listed in § 401.6 (relating

to certification categories and testing).

(6) Attendance at a model code organization code change hearing.

§ 401.10. Department-approved providers. (Top)

(a) The following providers are approved to offer instruction for continuing education credit hours:

(1) The National Conference of States on Building Codes and Standards.

(2) A Federal, Commonwealth or state agency.

(3) An accredited academic institution.

(4) A model code organization or its accredited local chapter.

(5) A trade association representing design professionals or the construction industry.

(6) A National standards writing organization.

(7) An association serving or representing Commonwealth municipalities.

(8) Approved testing providers under § 401.6 (relating to certification categories and testing) for credit hours

under § 401.9(c)(5) (relating to continuing education).

(b) The Department will approve additional providers who demonstrate the competency to provide approved

continuing education programs. An applicant for approval as a provider shall submit a completed Department-provided

application and appropriate documentation that it meets the requirements of § 401.9. The Department will post a list of

approved providers on its Internet website (http://www.dli.state.pa.us/) and provide the list upon request.

(c) The Department may revoke approval of any provider that does not comply with § 401.9 or this section. Actions

will be taken subject to the right of notice, hearing and adjudication in accordance with 2 Pa.C.S. (relating to

administrative law and procedure).

§ 401.11. Certification of third-party agency. (Top)

(a) Current certification as a third-party agency is required to act as a construction code official, perform plan review

of construction documents, inspect construction or administer and enforce codes and regulations in accordance with the

act under contract with a person, firm, corporation or the Commonwealth.

(b) An applicant for certification as a third-party agency shall submit a completed Department-provided application to

the Department and pay the required fee.

(c) An applicant for certification as a third-party agency shall submit documentation that its employees or agents who

act as construction code officials and perform plan review of construction documents, inspect construction or administer or