U.C.C.

These are a few of the frequently asked questions concerning the PA Uniform Construction Code.

By regulation the Department of Labor and Industry has adopted in the Uniform Construction Code (UCC) the International Building Code (IBC) and most of its referenced standards. Although the UCC statute mentions the adoption of the BOCA National Building Code/1999, this code was succeeded by the International Building Code in January, 2000. Since the Department's regulations were not be finalized until 2003, and the law requires the adoption of the successor codes no later than December 31 in the year in which they are issued the Pennsylvania Uniform Construction Code adopted International Building Codes published by the International Code Council (ICC).

The codes currently in use under the UCC are the 2006 International Codes issued by the International Code Council. No supplements to the 2006 codes will be adopted for use. The next code changes will occur in 2009 (when the next triennial versions of the I-Codes are adopted by regulation). Act 45 requires the Department to adopt the triennial successor codes no later than December 31 of the year in which they are issued. Here is the list of the current codes that have been adopted and are enforced in the State of Pennsylvania.

International Building Code 2006
International Residential Code 2006
ICC Electrical Code 2006
International Existing Building Code 2006
International Energy Conservation Code 2006
International Fuel Gas Code 2006
International Mechanical Code 2006
International Performance Code for Buildings and Facilities 2006
International Plumbing Code 2006
International Wildland-Urban Interface Code 2006
International Fire Code 2006

These codes are currently published and copies may be ordered on-line from the International Code Council's website www.intlcode.org (where you are currently directed to the online stores of the three former model code agencies). You may also order publications by telephoning any of the four ICC offices:

800-877-2224 (Birmingham, AL)
800-214-4321 (Chicago, IL)
800-284-4406 (Los Angeles, CA)
800-699-0541 (Olathe, KS)

FYI: the electrical standards utilized in the International Residential Code 2006 and in the ICC Electrical Code 2006 are those found in the NFPA 70- 2005 (National Electric Code). The basic energy conservation standard utilized in the 2006 I-codes is the Energy Standard for Buildings Except Low-Rise Residential Buildings, ASHRAE 90.1-2004.

The regulations specify that the municipal election period (opt in, opt out period) began on April 9, 2004 and ran through July 8, 2004. All municipalities had to notify the Department of their decision, before the UCC took effect, and they had thirty (30) calendar days after making their formal decision to submit notification. Any municipality that failed to mail the required notification postmarked on or before August 7, 2004 had to opted out of enforcement, by default.

Municipal decisions were submitted on a special election form developed by the Department. This form and a copy of a model UCC adoption ordinance was mailed to all municipalities (and was available on the UCC website) prior to the municipal election period. As the Department received the municipal election forms, the results were make available and regularly updated with an electronic listing of these decisions.

Design professionals, building owners and contractors are reminded that the UCC will not apply to any project for which application has been made for a building permit or for which there is a signed design contract or a signed construction contract predating the effective date of the UCC. Instead, it will have to conform to construction requirements found in the State’s Fire and Panic Act and regulations and municipal code requirements, where applicable.

The final-form regulation is available on the Bulletin’s website (www.pabulletin.com/).

Local governments are intended to be the primary enforcement agents. However, they may decline to administer the code. Should a local government "opt out", the following will occur;

Administration and enforcement for non-residential construction in that jurisdiction will be provided by the Department of Labor and Industry.

For one and two family residential construction in that jurisdiction, construction code officials or certified third party agencies hired by the property owner will do plan/specification reviews and inspections.

4. What options do local governments have if they chose to administer and enforce the Uniform Construction Code?

2. Retain one or more construction code officials or third party agencies to act on its behalf.

5. Enter into an agreement with the Department of Labor and Industry for plan reviews,

inspections and other aspects of code enforcement for non-residential structures.

5. How will the new code affect alterations or additions to existing structures?

If there is no change in use, only the portions of the building which are being altered must meet the International Building Code requirements for new structures.

6. What happens to local governments that already have an adopted building code?

It was estimated that roughly 1,100 of the State's 2564 municipalities had adopted some sort of building code. About 800 of these with a code used BOCA or another national code, the remainder use a locally-developed code.

In most cases, these codes were to remain in force until the effective date of the regulations issued under the act. At that time, a municipality which opts to administer and enforce the new code must pass an ordinance adopting the UCC (which was International Building Codes, 2003).

Exceptions to this are the codes adopted by the City of Philadelphia and any other municipal codes with provisions which equal or exceed BOCA and were in place prior to July 1, 1999. Philadelphia had until December 1, 2003 to bring code provisions which are less stringent than the Uniform Construction Code up to the standards in the UCC. Philadelphia and the other jurisdictions had their special requirements "grandfathered," as long as they were in place prior to July 1, 1999.

7. What will be done to ensure that Code Officials throughout the State are performing their work in a professional manner?

All code officials are required to be certified by the Department of Labor and Industry in all categories in which they perform inspections. Once certified, they will be subject to the continuing education requirements specified in the regulations. As part of the certification process, the Department will require special training regarding accessibility requirements

8. What penalties exist for violations of the Act? What happens when administration or enforcement is lax?

An individual, firm, or corporation that is convicted of a violation of the act shall pay a fine of not more than $1,000, plus costs. Each day that a violation of the act continues will be considered a separate violation of the act.

The Department of Labor and Industry will, with reasonable cause, investigate complaints about the actions of code administrators and officials. Should recommendations for improvement be ignored, the Department may pursue compliance through proceedings in Commonwealth Court. The legislation also requires that the Department carry out periodic performance reviews, to ensure that code administrators are adequately enforcing the accessibility requirements (Chapter 11) of the International Building Code. Further, the Department may decertify code administrators and officials for just cause. As a result of this action, the individual or agency would no longer be able to perform code services within the Commonwealth.

9. Are State laws like the Fire and Panic Act still in force now that the Governor has signed the Statewide Building Code into law?

For now, the state's Fire and Panic, Accessibility and Restroom Equity laws still apply to construction in the Commonwealth. These laws (except for a family child day care provision) will be repealed 90 days after the UCC regulations have received final approval and are published in the Pennsylvania Bulletin. It is important to note that, once these acts are repealed, any project with a design contract issued earlier than the repeal date may still be evaluated on the basis of the standards in these acts. Any building which has an occupancy permit issued under these acts stays under the jurisdiction of these acts.