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.

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.

(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

(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.

(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.

(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.

(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)).

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

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.

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

(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.

(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

enforce codes and regulations under the act are currently registered or certified in the specific categories applicable to the

work performed.

(d) An applicant for certification under this section shall submit acceptable documentation of insurance coverage

required under § 401.12 (relating to liability insurance).

(e) A third-party agency shall provide written notification to the Department within 60 days of the hiring or change of

employment status of an employee or agent who acts as a construction code official and performs plan review of construction

documents, inspects construction or administers or enforces codes and regulations under the act.

(f) A certification expires 3 years after date of issuance. The Department will renew a third-party agency certification

when the applicant meets all of the following:

(1) Submits a completed Department-provided renewal form.

(2) Pays the required fee under § 401.2 (relating to Department fees).

(3) Submits proof of liability insurance coverage under § 401.12.

(3) Not decertified under § 401.14 (relating to decertification or refusal certify).

(a) A third-party agency shall carry errors and omissions liability insurance in at least the amount of $1 million for

each person and each occurrence to satisfy claims or judgments for property damage or personal injury, or both.

(b) As a condition for obtaining and renewing certification, a third-party agency shall submit to the Department

satisfactory evidence that it has obtained errors and omissions liability insurance as required by this section. A certification

or renewal will not be issued unless the third-party agency provides proof of insurance which shall consist of a certificate

of insurance or copy of the declaration page from the insurance policy setting forth the effective date, expiration date and

policy coverage in the amounts required.

(c) A third-party agency shall notify the Department immediately of the cancellation of its errors and omissions liability

insurance, the failure or refusal to renew its errors and omissions liability insurance, change of insurance carrier, change

of policy dates or changes of coverage amounts. Upon notice of loss or cancellation of insurance coverage, the

Department will immediately initiate action to decertify the third party agency under § 401.14 (relating to decertification or

refusal to certify).

(a) Decertification or refusal to certify. The Department may initiate action against a code administrator or refuse to

issue certification for just cause. Just cause includes the following:

(1) Failure to remedy an error or omission specified in a formal warning or to comply with an order issued by

the Department under this section.

(2) Fraud or deceit or making untrue representations in obtaining a certification.

(3) Failure to remit the required certification fee.

(4) Violation of the act or this chapter.

(5) Incompetence or gross negligence.

(6) Acting in a manner presenting a danger to the public health and safety.

(7) Pleading guilty, entering a plea of nolo contendere, being found guilty, receiving probation without verdict,

disposition in lieu of trial or an Accelerated Rehabilitative Disposition to a felony or any crime relating to the

business of code administrator in the courts of this Commonwealth, a Federal court or a court of any other state,

territory or insular possession of the United States.

(8) Having a certification or any authorization to engage in the business of code administrator revoked or

suspended or having other disciplinary action taken, or an application for certification or authorization to engage in

the business of code administrator refused or denied by the proper authority of another state or Federal district,

territory or insular possession of the United States, the Federal government or Canada.

(9) Failing to complete continuing education requirements of the act or engaging in deceit or

misrepresentation in the reporting of continuing education requirements.

(10) Engaging in fraud, deceit or an act of moral turpitude while acting as code administrator.

(11) Failing to enforce the act or Uniform Construction Code.

(12) Knowingly aiding and abetting a person engaging in code administrator activity who is not currently

certified or registered.

(13) Being a third-party agency that does not comply with § 401.12 (relating to liability insurance).

(14) Engaging in the activities of a code administrator or advertising as a code administrator without a current

certification required for the work performed, or registration issued by the Department.

(b) Notice and hearing. Actions of the Department relating to decertification under this section 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).

Decertification proceedings shall be con-ducted under 1 Pa. Code Part II (relating to the General Rules of Administrative

Practice and Procedure).

(c) Procedure for decertification.

(1) The Department will serve the code administrator with an order to show cause under 1 Pa. Code § 35.14

(relating to orders to show cause). The order to show cause shall contain notification that the certification may be

subject to action and the grounds for the action. The order to show cause shall contain notification that the code

administrator is to respond in writing within 30 days after the date of service of the order. The Department will also

serve a copy of the order to show cause upon the supervising official in the municipality where the alleged

incidents occurred and upon the code administrator’s current employer.

(2) The code administrator may respond in writing to the allegations in the order to show cause in

accordance with 1 Pa. Code § 35.37 (relating to answers to orders to show cause). If made, the answer shall be

filed with the Department within 30 days after the date of service of the order to show cause.

(3) At the request of the code administrator, the Department will hold a hearing on the matter. The Secretary

will designate a presiding officer to conduct the hearing and to issue a proposed report under 1 Pa. Code §§

35.201-35.207 (relating to proposed reports generally).

(4) The presiding officer shall have the power to conduct hearings under 1 Pa. Code §§ 35.185-35.190

(relating to presiding officers). The presiding officer shall issue a proposed report that shall be served upon

counsel of record or to the parties in the hearing. The presiding officer shall transmit the proposed report and the

certified record to the Secretary within 15-days after issuance of the proposed report.

(5) A participant desiring to appeal to the Secretary shall, within 30 days after the service of a copy of the

proposed report, file exceptions to the proposed report under 1 Pa. Code § 35.211 (relating to procedure to

except to proposed report). A response may be filed within 20 days to the exceptions.

(6) The Secretary or a designee will issue a final order under 1 Pa. Code § 35.226 (relating to final orders).

(d) Types of corrective action. When the Department is authorized to take action against a code administrator, the

Department may:

(1) Administer a formal warning.

(2) Require the code administrator to take remedial educational courses.

(3) Decertify the code administrator for a period set by the Department. The Department will order the code

administrator to surrender his certificate after decertification.

(4) Deny the application for certification.

(e) Conditions for reinstatement. Unless ordered to do so by a court of competent jurisdiction, the Department will not

reinstate certification to a person who was decertified until the following conditions are met:

(1) The full period of decertification ordered by the Department has elapsed.

(2) The person has complied with conditions imposed by the Department’s order of decertification and

recertification would not be detrimental to the public health and safety.

(3) The person complies with § 401.4 (relating to application and identification).

(f) Subsection (c) supplements 1 Pa. Code §§ 35.14, 35.37, 35.201-35.207, 35.185-35.190, 35.211 and 35.226.

(a) A current code administrator engaged in plan review or inspection of one-family or two-family residential property

may continue to engage in these activities without meeting the training and certification requirements of this chapter until 3

years from effective date of the adoption of the final-form regulations for the Uniform Construction Code. To engage in

plan review or inspection of one-family or two-family dwelling units after 3 years from effective date of adoption of the

final-form regulations for the Uniform Construction Code, a current code administrator shall meet the certification and

training requirements of this chapter.

(b) A current code administrator engaged in plan review or inspection of other buildings and structures that are not

one-family or two-family residential structures may continue to engage in these activities without meeting the training and

certification requirements of this chapter until 5 years from effective date of adoption of the final-form regulations for the

Uniform Construction Code. To engage in plan review and inspection of other buildings and structures after 5 years from

the effective date of adoption of the final-form regulations for the Uniform Construction Code, a current code administrator

shall meet the training and certification requirements of this chapter.

(c) A current code administrator shall register with the Department by submitting a completed Department-provided

form and furnishing required documentation. Documentation is to consist of an affidavit completed by the employer

responsible for oversight of the current code administrator’s activities and an affidavit completed by the current code

administrator containing a description of the current code administrator’s duties, employment and length of employment.

(d) The Department will issue an identification card to a current code administrator who meets the requirements of

this section, completes a Department-provided form and pays the required fee under § 401.2 (relating to Department

fees).

(e) The identification card will expire as registration on the date that the current code administrator must meet the

training and certification requirements of this chapter.

(f) A current code administrator 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 under § 401.2.

(g) A current code administrator is not required to obtain a new registration for a change of employer.

(h) A current code administrator may not approve plans or perform inspections relating to accessibility requirements

without being currently certified by the Department as an accessibility inspector/plans examiner.

A certification or registration holder shall notify the Department of any change of mailing address or employer within 30 days.

Sec.

403.1. Scope.

403.2. Other statutes or ordinances.

403.3. Building code official delegation.

403.21. Uniform Construction Code.

403.22. Health care facilities.

403.23. Child day care facilities.

403.24. Historic buildings, structures and sites.

403.25. Manufactured and industrialized housing.

403.26. Swimming pools.

403.27. Applicability and use of standards.

403.28. Uncertified Buildings.

403.41. Commercial construction.

403.42. Permit requirements and exemptions.

403.42a. Permit application.

403.43. Grant, denial and effect of permits.

403.44. Alternative construction materials and methods.

403.45. Inspections.

403.46. Certificate of occupancy.

403.47. Public utility connections.

403.48. Boilers.

403.61. Residential buildings.

403.62. Permit requirements and exemptions.

403.62a. Permit application.

403.63. Grant, denial and effect of permits.

403.64. Inspections.

403.65. Certificate of occupancy.

403.66. Public utility connections.

403.81. Stop work order.

403.82. Notice of violations.

403.83. Order to show cause/order to vacate.

403.84. Unsafe building, structure or equipment.

403.85. Release, retention and sharing of commercial construction records.

403.86. Right of entry to inspect.

403.101. Effective date.

403.102. Municipalities electing to enforce the Uniform Construction Code.

403.103. Municipalities electing not to enforce the Uniform Construction Code.

403.104. Department review.

403.121. Board of appeals.

403.122. Appeals, variances and extensions of time.

403.141. Enforcement by the Department.

403.142. Accessibility Advisory Board

(a) Application.

(1) The Uniform Construction Code applies to the construction, alteration, repair, movement, equipment,

removal, demolition, location, maintenance, occupancy or change of occupancy of every building or structure

which occurs on or after April 9, 2004, and all existing structures that are not legally occupied.

(2) The Department will promulgate regulations adopting the new triennial BOCA National Building Code, or

its successor building code as the Uniform Construction Code by December 31 of the year of the issuance under

section 304(a)(1) of the act (35 P.S. § 7210.304(a)(1)). New buildings or renovations to existing buildings for

which a design or construction contract was executed before the effective date of the regulatory amendment

adopting the latest triennial versions of the construction codes and standards shall comply with the codes and

standards in effect at the time that the design or construction contract was executed.

(b) Exclusions and exemptions.

The Uniform Construction Code does not apply to:

(1) New buildings or renovations to existing buildings for which an application for a permit was made to the

Department or a municipality before April 9, 2004.

(2) New buildings or renovations to existing buildings on which a contract for design or construction was

signed before April 9, 2004.

(3) The following structures if the structure has a building area less than 1000 square feet and is accessory

to a detached one-family dwelling except as might be required by an ordinance adopted under section 503 of the

act (35 P.S. § 7210.503):

(i) Carports.

(ii) Detached private garages.

(iii) Greenhouses.

(iv) Sheds.

(4) An agricultural building.

(5) Manufactured or industrialized housing shipped from the factory under section 901(a) of the act (35 P. S.

§ 7210.901(a)) as provided in § 403.25 (relating to manufactured and industrialized housing).

(6) Installation of tubing, piping, propane gas burning appliances, equipment or fixtures related to liquefied

petroleum gas under the Propane and Liquefied Petroleum Gas Act (35 P. S. §§ 1329.1-1329.19).

(7) Construction of individual sewage disposal systems under 25 Pa. Code Chapter 73 (relating to on-lot

sewage treatment facilities).

(8) Alterations to residential buildings which do not make structural changes or changes to means of egress,

except as required by ordinances in effect under sections 303(b)(1) or 503 of the act (35 P.S. §§ 7210.303(b)(1),

7210.503). Under this subsection, a structural change does not include a minor framing change needed to replace

existing windows or doors.

(9) Repairs to residential buildings, except as required by ordinances in effect under sections 303(b)(1) and

503 of the act.

(10) Installation of aluminum or vinyl siding onto an existing residential or an existing commercial building,

except as might be required by ordinances in effect under section 301(b)(1) or 503 of the act. (35 P.S. §§

7210.303(b)(1), 7210.503).

(11) A recreational cabin if all of the following are met:

(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.

(ii) The owner of the cabin files one of the following with the municipality:

(A) A Department form UCC-13 attesting to the fact that the cabin meets the definition of a

"recreational cabin” in 401.1 (relating to definitions).

(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."

(c) Continuity of recreational cabin exclusion.

(1) Upon the transfer of ownership of a recreational cabin subject to the recreational cabin exclusion, written

notice of all of the following must be provided in the sales agreement and the deed:

(i) The recreational cabin is exempt from the act.

(ii) The recreational cabin may not be in conformance with the Uniform Construction Code.

(iii) The recreational cabin is not subject to municipal regulation.

(2) Failure to comply with the notice requirement under paragraph (1) renders the sale void at the

purchaser’s option.

(d) Prior permits and construction.

(1) A permit issued under construction regulations before April 9, 2004, remains valid and the construction of

the building or structure may be completed in accordance with the approved permit. The permit is invalid unless

the construction commenced within 2 years of permit issuance or a time period specified by municipal ordinance,

whichever is less. The permit holder shall acquire a new permit under section 104(c) of the act (35 P. S. §

7210.104(c)) if the permit was not actively prosecuted during this time period.

(2) Construction may be completed without a permit under section 104(c)(2) of the act when construction of

a building or structure commenced before April 9, 2004, and a permit was not required at that time.

(3) The legal occupancy of a structure existing on April 9, 2004, may continue without change except where

the Uniform Construction Code provides otherwise.

(e) The Uniform Construction Code applies to the construction of a residential building or structure governed by a

homeowner’s or community association under section 104(d)(2)(ii) of the act.

(f) The electrical provision, and lumber and wood provisions, not relating to pressure treatment, of the Uniform

Construction Code do not apply to a dwelling unit or one-room school house utilized by a member or members of a

recognized religious sect if a code administrator grants an exemption under section 901(b) of the act (35 P. S. §

7210.901(b)) as follows:

(1) The permit applicant shall file an application with the code administrator stating the manner in which an

electrical provision and the lumber and wood provision unrelated to pressure treatment of the Uniform

Construction Code conflicts with the applicant’s religious beliefs. The application must also contain an affidavit by

the applicant stating:

(i) The permit applicant is a member of a religious sect.

(ii) The religious sect has established tenets or teachings which conflict with an electrical provision

and lumber and wood provisions unrelated to pressure treatment of the Uniform Construction Code.

(iii) The permit applicant adheres to the established tenets or teachings of the sect.

(A) For a dwelling unit, the dwelling will be used solely as a residence for the permit applicant

and the applicant’s household.

(B) For a one-room school house, the school house will be used solely by the members of the

religious sect.

(2) The code administrator shall grant the application for the exemption if made in accordance with

paragraph (1).

(3) If the permit applicant receives an exemption for building under section 901(b) of the act and the applicant

subsequently sells or leases the building, the applicant shall bring the building into compliance with the provision

of the Uniform Construction Code from which it was exempted prior to the sale or lease of the building unless the

prospective subsequent owner or lessee files an affidavit in compliance with paragraph (1).

(g) Coal-fired boilers installed in residential buildings must be designed, constructed and tested in accordance with

the requirements of Chapter 20, section M2001.1.1 of the “International Residential Code”, except for the ASME stamping

requirement.

(a) Under section 104(d)(1) of the act (35 P. S. § 7210.104(d)(1)), the provisions of the Uniform Construction Code

listed in § 403.21 (relating to Uniform Construction Code) preempt and rescind construction standards provided by a

statute, local ordinance or regulation. The rescission or preemption does not apply to ordinances in effect on July 1, 1999,

or reenactments of simultaneously repealed ordinances which were originally adopted before July 1, 1999, which contain

provisions which meet or exceed the Uniform Construction Code under section 303(b)(1) of the act (35 P. S. §

7210.303(b)(1)).

(b) Under section 303(a)(2) of the act, 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. The provisions of the

ordinance which do not comply with the Uniform Construction Code on December 31, 2003, will be amended to provide

for the minimum requirements of the Uniform Construction Code.

(a) The Department, a municipality or third-party agency shall employ or contract with a building code official to

enforce the act.

(b) A building code official may delegate his duties to a construction code official or current code administrator.

§ 403.21. Uniform Construction Code. (Top)

(a) A health care facility shall comply with all of the following under sections 104(d)(3) and 105(d)(1) of the act (35 P.

S. §§ 7210.104(d)(3) and 7210.105(d)(1)):

(1) The Health Care Facilities Act.

(2) Regulations of the Department of Health in 28 Pa. Code Part IV (relating to health facilities).

(3) Building codes and regulations set forth in the applicable licensure laws and regulations under section

105(d) of the act (35 P. S. § 7210.105(d)).

(4) This chapter.

(b) Chapter 405 (relating to elevators and other lifting devices) always applies to health care facilities.

(c) In addition to the requirements of this chapter, a permit applicant for a health care facility shall obtain a license

from the Department of Health under the Health Care Facilities Act and its regulations and comply with the Department of

Health’s license application procedures and its licensing regulations.

(d) A permit applicant for construction or alteration of a health care facility shall do all of the following:

(1) Submit construction or alteration plans to the Department of Health and obtain Department of Health

approval before commencing construction or performing the alteration.

(2) Obtain approval from the Department of Health before occupancy of a new health care facility under 28

Pa. Code § 51.5 (relating to building occupancy).

(3) Obtain approval from the Department of Health before occupancy of an altered portion of an existing

health care facility.

(e) A Department of Health inspector may inspect a health care facility site before, during and after construction to

monitor compliance with Department of Health’s health facility regulations.

(f) A building code official may not approve plans for a health care facility under this chapter unless the Department

of Health has approved the plans.

(g) A building code official may not issue a certificate of occupancy for the health care facility under this chapter

unless the Department of Health approved occupancy under 28 Pa. Code § 51.5.

(h) This section applies to construction or alteration of all health care facilities that the Department or a building code

official review and approve under this chapter.

(a) A dwelling unit where child day care services are provided for less than 24 hours for 4 to 12 children is an R-3

occupancy if the dwelling unit is used primarily as a private residence and the provision of day care services is accessory

to the principal use of the dwelling unit as a residence.

(b) A day care facility that is an R-3 occupancy under subsection (a) which provides day care services to 4-6 children

shall comply with all of the following:

(1) Have a smoke detector on each floor and in the basement. The smoke detector may be powered by a

non-replaceable, lithium battery listed by Underwriters Laboratories that is warranted for 10 years and should

sound an alarm when activated that is audible to persons in the unit’s indoor child care space with all intervening

doors closed. Where this type of detector is utilized, the unit owner of this detector shall keep the proof and date

of purchase of the detector in the unit’s fire drill logs.

(2) Have a portable fire extinguisher rated for Class B Fires in the kitchen and other cooking areas.

(3) Meet the exiting requirements for an R-3 occupancy and licensure under 55 Pa. Code Chapter 3290

(relating to family child day care homes).

(c) A day care facility that is an R-3 occupancy under subsection (a) which provides day care services to 7-12

children shall comply with all of the following:

(1) Have an interconnected smoke detector system.

(2) Have a fire extinguisher rated for Class B fires in the kitchen and other cooking areas.

(3) Meet the exiting requirements for an R-3 occupancy and licensure under 55 Pa. Code Chapter 3280

(relating to group child day care homes).

(d) All other child day care facilities shall be classified under Chapter 3 of the ‘‘International Building Code.’’ The

facilities shall meet all Uniform Construction Code standards for these occupancy classifications.

A building code official may exclude an entire historic building or structure or part of the building or structure from

compliance with the Uniform Construction Code if it meets all of the following conditions under section 902 of the act (35

P. S. § 7210.902):

(1) The building or structure is an existing building or structure, or a new building or structure that is not

intended for residential use on an historic site.

(2) The building or structure is identified and classified by Federal or local government authority or the

Historical and Museum Commission as an historic building or site.

(3) A building code official judges the building or structure or parts of the building and structure as safe and

the exclusion is in the interest of public health, safety or welfare. The building code official shall apply the Uniform

Construction Code to parts of the building or structure where its exclusion is not within the interest of the public

health, safety and welfare. A building code official may not waive the Uniform Construction Code’s accessibility

requirements under this section.

(a) Manufactured housing is governed by the following under section 901(a) of the act (35 P. S. § 7210.901(a)):

(1) Except as provided in paragraph (2), the Uniform Construction Code does not apply to new manufactured

housing assembled by and shipped from the manufacturer and which bears a label which certifies that it conforms

to Federal construction and safety standards adopted under the Housing and Community Development Act of

1974 (42 U.S.C.A. §§ 5401-5426) and installation of new manufactured housing in conformity with the

manufacturer’s approved design applicable to the particular home.

(2) Construction activities or processes including utility connections and grading not addressed by the

manufacturer’s approved design must comply with the Uniform Construction Code.

(3) The Uniform Construction Code applies to the following:

(i) Alteration or repair to the unit that does not fall within 24 CFR 3280.1-3280.904 (relating to

manufactured home construction and safety standards) and the manufacturer’s installation instructions

after assembly and shipment by the manufacturer.

(ii) Additions to the unit after delivery to the site.

(iii) Construction, alteration, repair or change of occupancy if the manufactured housing is resold to a

subsequent purchaser.

(iv) Construction, alteration, repair or change of occupancy if the original purchaser relocates the

manufactured housing.

(b) Industrialized housing is governed by the following under section 901(a) of the act:

(1) Except as provided in subsection (b)(2), the Uniform Construction Code does not apply to industrialized

housing assembled by and shipped from the manufacturer.

(2) The Uniform Construction Code applies to all of the following:

(i) Site preparation.

(ii) Foundation construction.

(iii) Utilities connection.

(iv) Construction, alteration or repair to the industrialized housing unit after installation.

(v) Construction, alteration, repair or occupancy if industrialized housing is resoldto a subsequent purchaser.

(vi) Construction, alteration, repair or occupancy if industrialized housing is relocated.

(c) The Department of Community and Economic Development may enforce and take action under the Industrialized

Housing Act (35 P. S. §§ 1651.1-1651.12) and the Manufactured Housing Construction and Safety Standards

Authorization Act (35 P. S. §§ 1656.1-1656.9).

(a) A swimming pool, hot tub and spa which is accessory to a one-or two-family dwelling shall comply with all of the following:

(1) Chapter 41 of the ‘‘International Residential Code.’’

(2) Appendix G of the ‘‘International Residential Code.’’

(3) Section 2406.2, paragraph 9 of the International Building Code (glazing in walls and fences enclosing

indoor and outdoor swimming pools, hot tubs and spas).

(4) Section 3109.4 of the ‘‘International Building Code (residential swimming pool enclosures).

(b) A swimming pool that is not accessory to a one-or two-family dwelling must comply with this chapter, the

‘‘American National Standards for Public Pools’’ issued by ANSI and APSP (ANSI/NSPI-1 2003) and the Public Bathing

Law (35 P. S. §§ 672-680d).

(c) A hot tub or spa that is not accessory to a one-or two-family dwelling must comply with this chapter and the

‘‘American National Standard for Public Spas’’ issued by ANSI and APSP (ANSI/NSPI-2 1999).

(a) Portions of this chapter designate and incorporate portions of the following ICC 2006 copyrighted works:

(1) The ‘‘International Building Code.’’

(2) The ‘‘International Residential Code.’’

(3) The ‘‘ICC Electrical Code.’’

(4) The ‘‘International Plumbing Code.’’

(5) The ‘‘International Mechanical Code.’’

(b) The ‘‘International Residential Code’’ and the ‘‘International Existing Building Code’’ apply to the construction,

alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition

of detached one-and two-family dwellings and multiple single-family dwellings no more than 3 stories in height with a

separate means of egress and their accessory structures.

(c) The ICC owns the copyrighted works in subsection (a). Reproduced with permission. All rights reserved.

(d) If different sections of this chapter specify different materials, method of construction or other requirements, the

most restrictive material, method of construction or other requirement shall govern. The specific requirement of this part

applies if there is a conflict between a general requirement and a specific requirement.

(e) This chapter governs if there is a conflict between this chapter and the provisions of the codes relating to

administration incorporated under § 403.21(a) (relating to Uniform Construction Code).

(f) A provision of the ‘‘International Mechanical Code’’ does not apply if the provision conflicts with the Boiler and

Unfired Pressure Vessel Law (35 P. S. §§ 1331.1-1331.9).

(a) Under section 902(b)(6) of the act (35 P.S. § 7210.902(b)(6)), an uncertified building that was built before April 27,

1927, is deemed to be legally occupied until the owner proposes to renovate, add an addition, alter or change the occupancy

of the building. The renovation, addition, alteration or change in occupancy must comply with the Uniform Construction Code.

(b) Under section 902(b) of the act (35 P.S. § 7210.902(b)), uncertified buildings within the Department’s jurisdiction

must meet the following requirements which do not apply to uncertified buildings under subsection (a):

(1) Maximum story height, minimum allowable construction type based on floor area, vertical opening and

shaft protection requirements, means of egress requirements pertaining to minimum number of exits, maximum

travel distances to exits, means of egress illumination, minimum egress widths and heights for exit doors, exit

stairs, exit ramps and exit corridors requirements under the “International Building Code”.

(2) Fire safety requirements in the “International Building Code” for fire alarms, fire extinguishers, heat and smoke

detectors, automatic sprinkler systems and occupancy and incidental use separations. The following also applies:

(i) If construction began on a building before May 19, 1984, the installation of automatic sprinkler

systems is not required.

(ii) If construction began on a building after May 19, 1984, automatic sprinklers are only required if the

building is classified in use groups E (educational), H (high-hazard), I (institutional), or R-1 or R-2 (residential)

or if the building has occupied floors more than 75 feet above lowest level of fire department access. Buildings

in use groups R-1 and R-2 which do not have occupied floors more than 75 feet above lowest level of fire

department access may, instead of installing automatic sprinkler systems, install hard-wired interconnected

heat and smoke detectors in all rooms or spaces, whether they are occupied or unoccupied.

(iii) If construction of a building began after May 18, 1984, automatic sprinkler installation shall be

completed by December 22, 2010, or any certificate of occupancy issued shall be invalid.

(3) Accessibility requirements are applicable as follows:

(i) If construction of an uncertified building began before September 1, 1965, accessibility

requirements will not be imposed by the Department.

(ii) If construction of a building began after August 31, 1965 and before February 18, 1989, and if the

building is a State-owned building, a restaurant or a retail commercial establishment, the building must

have at least one accessible main entrance, an accessible route from the accessible entrance to any

public spaces on the same level as the accessible entrance and, if toilet rooms are provided, the building

must have at least one toilet room for each sex or a unisex toilet room complying with the accessibility

requirements of the “International Building Code.”

(iii) If construction of the building began after February 17, 1989, all accessibility requirements of the

“International Building Code” shall be met.

(4) Structural requirements will not be imposed unless the Department determines that the building or a

portion of the building has defects that are defined as dangerous in section 202 of the “International Existing

Building Code.” If the building is dangerous, the Department may impose only those requirements minimally

necessary to remove danger to the building's occupants.

(c) All of the following apply to uncertified buildings where the Department does not have jurisdiction and which are

not governed under subsection (a):

(1) A construction code official shall issue a certificate of occupancy to an uncertified building if it meets the

requirements of the latest version of the “International Existing Building Code” or Chapter 34 of the “International

Building Code.” The construction code official shall utilize the code for the municipality which best applies, in the

official’s professional judgment.

(2) A construction code official may deny the issuance of a certificate of occupancy if the official deems that a

building is unsafe because of inadequate means of egress, inadequate lighting and ventilation, fire hazards or

other dangers to human life or to public welfare.

(3) A municipality governed under this subsection may utilize the standards of subsection (b) for the issuance

of certificates of occupancy to uncertified buildings if the municipality adopts an ordinance.

This section and §§ 403.42-403.48 apply to the Department and municipalities electing to enforce the Uniform

Construction Code under § 403.102 (relating to municipalities electing to enforce the Uniform Construction Code).

(a) An owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the

occupancy of a commercial building, structure and facility or to erect, install, enlarge, alter, repair, remove, convert or

replace any electrical, gas, mechanical, or plumbing system regulated by the Uniform Construction Code shall first apply

to the building code official and obtain the required permit under § 403.42a (relating to permit application).

(b) Emergency repairs or replacement of equipment may be made without first applying for a permit if a permit

application is submitted to the building code official within 3 business days of the repair or replacement.

(c) A permit is not required for the exceptions listed in § 403.1(b) (relating to scope) and the following construction as

long as the work does not violate a law or ordinance:

(1) Building construction for the following:

(i) Fences that are not over 6 feet high.

(ii) Oil derricks.

(iii) Retaining walls, which are not over 4 feet in height measured from the lowest level of grade to the

top of the wall, unless it is supporting a surcharge or impounding Class I, II or III-A liquids.

(iv) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the

ratio of height to diameter or width does not exceed 2 to 1.

(v) Sidewalks and driveways not more than 30 inches above grade and that are not located over a

basement or story below it and which are not part of an accessible route.

(vi) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finishing work.

(vii) Temporary motion picture, television, and theater stage sets and scenery.

(viii) Prefabricated swimming pools accessory to a Group R-3 occupancy which are less than 24

inches deep, do not exceed 5,000 gallons and are installed entirely aboveground.

(ix) Shade cloth structures constructed for nursery or agricultural purposes that do not include service

systems.

(x) Swings and other playground equipment accessory to one-or two-family dwellings.

(xi) Window awnings supported by an exterior wall which do not project more than 54 inches from the

exterior wall and do not require additional support of group R-3 as applicable in the ‘‘International Building

Code,’’ and Group U occupancies.

(xii) Movable cases, counters and partitions that are not over 5 feet 9 inches in height.

(xiii) Window replacement without structural change.

(2) Electrical work for the following:

(i) Minor repair and maintenance work that includes the replacement of lamps or the connection of

approved portable electrical equipment to approved permanently installed receptacles.

(ii) Electrical equipment used for radio and television transmissions. The provisions of the Uniform

Construction Code apply to equipment and wiring for power supply and the installation of towers and

antennas.

(iii) The installation of a temporary system for the testing or servicing of electrical equipment or

apparatus.

(3) The following gas work:

(i) A portable heating appliance.

(ii) Replacement of a minor part that does not alter approval of equipment or make the equipment

unsafe.

(4) The following mechanical work or equipment:

(i) A portable heating appliance.

(ii) Portable ventilation equipment.

(iii) A portable cooling unit.

(iv) Steam, hot or chilled water piping within any heating or cooling equipment governed under the

Uniform Construction Code.

(v) Replacement of any part that does not alter its approval or make it unsafe.

(vi) A portable evaporative cooler.

(vii) A self-contained refrigeration system containing 10 pounds or less of refrigerant and placed into

action by motors that are not more than 1 horsepower.

(5) The following plumbing repairs:

(i) Stopping leaks in a drain and a water, soil, waste or vent pipe. The Uniform Construction Code

applies if a concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and is removed

and replaced with new material.

(ii) Clearing stoppages or repairing leaks in pipes, valves or fixtures, and the removal and installation

of water closets, faucets and lavatories if the valves or pipes are not replaced or rearranged.

(d) An ordinary repair does not require a permit. The following are not ordinary repairs:

(1) Cutting away a wall, partition or portion of a wall.

(2) The removal or cutting of any structural beam or load-bearing support.

(3) The removal or change of any required means of egress, or rearrangement of parts of a structure

affecting the egress requirements.

(4) The addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage,

drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical.

(e) A permit is not required for the installation, alteration or repair of generation, transmission, distribution, metering

or other related equipment that is, by established right, under the ownership and control of a public utility as the term

‘‘public utility’’ is defined in 66 Pa.C.S. § 102 (relating to definitions).

(f) A building code official may issue an annual permit instead of an individual permit for each alteration to an already

approved electrical, gas, mechanical or plumbing installation. All of the following are required:

(1) The applicant shall regularly employ at least one qualified trades person in the building or structure

owned or operated by the applicant.

(2) The applicant shall submit an application in accordance with § 403.42a(m).

(3) An annual permit holder shall keep detailed records of alterations made in accordance with the annual

permit. The permit holder shall provide access to these records to the building code official.

(a) Applications for a permit required under § 403.42 (relating to permit requirements and exemptions) shall be

submitted to the building code official in accordance with this section.

(b) A permit applicant shall submit an application to the building code official and attach construction documents,

including plans and specifications, and information concerning special inspection and structural observation programs,

Department of Transportation highway access permits and other data required by the building code official with the permit

application. The applicant shall submit three sets of documents when the Department conducts the review.

(c) A licensed architect or licensed professional engineer shall prepare the construction documents under the

Architects Licensure Law (63 P. S. §§ 34.1- 34.22), or the Engineer, Land Surveyor and Geologist Registration Law (63 P.

S. §§ 148-158.2). An unlicensed person may prepare design documents for the remodeling or alteration of a building if

there is no compensation and the remodeling or alteration does not relate to additions to the building or changes to the

building’s structure or means of egress.

(d) A building code official may require submission of additional construction documents in special circumstances.

(e) The permit applicant shall submit construction documents in a format approved by the building code official.

Construction documents shall be clear, indicate the location, nature and extent of the work proposed, and show in detail

that the work will conform to the Uniform Construction Code.

(f) All of the following fire egress and occupancy requirements apply to construction documents:

(1) The permit applicant shall submit construction documents that show in sufficient detail the location, construction,

size and character of all portions of the means of egress in compliance with the Uniform Construction Code.

(2) The construction documents for occupancies other than Groups R-2 and R-3 shall contain designation of

the number of occupants to be accommodated on every floor and in all rooms and spaces.

(3) The permit applicant shall submit shop drawings for a fire protection system that indicates conformance

with the Uniform Construction Code in accordance with the following:

(i) The shop drawings shall be approved by the building code official before the start of the system installation.

(ii) The shop drawings must contain the information required by the referenced installation standards

contained in Chapter 9 of the ‘‘International Building Code.’’

(g) Construction documents shall contain the following information related to the exterior wall envelope:

(1) Description of the exterior wall envelope indicating compliance with the Uniform Construction Code.

(2) Flashing details.

(3) Details relating to intersections with dissimilar materials, corners, end details, control joints, intersections

at roof, eaves, or parapets, means of drainage, water-resistive membrane and details around openings.

(h) Construction documents shall contain a site plan that is drawn to scale. The building code official may waive or

modify the following site plan requirements if the permit application is for an alteration or repair or if waiver or modification

is warranted. Site plan requirements include all of the following:

(1) The size and location of new construction and existing structures on the site.

(2) Accurate boundary lines.

(3) Distances from lot lines.

(4) The established street grades and the proposed finished grades.

(5) If the construction involves demolition, the site plan shall indicate construction that is to be demolished

and the size and location of existing structures and construction that will remain on the site or plot.

(6) Location of parking spaces, accessible routes, public transportation stops and other required accessibility features.

(i) A permit applicant shall submit certifications required in the ‘‘International Building Code’’ for construction in a

flood hazard area to the building code official.

(j) A permit applicant shall identify, on the application, the name and address of the licensed architect or engineer in

responsible charge. The permit applicant shall notify the building code official in writing if another licensed architect or

engineer assumes responsible charge.

(k) The permit applicant shall describe an inspection program, identify a person or firm who will perform special

inspections and structural observations if section 1704 or 1709 of the ‘‘International Building Code’’ requires special

inspections or structural observations for the construction.

(l) A building code official may waive or modify the submission of construction documents, that are not required to be

prepared by a licensed architect or engineer, or other data if the nature of the work applied for does not require review of

construction documents or other data to obtain compliance with the Uniform Construction Code. The building code official

may not waive the submission of site plans that relate to accessibility requirements.

(m) An applicant for an annual permit under § 403.42(f) shall complete an application and provide information

regarding the system that may be altered and the date that approval was previously provided for the approved electrical,

gas, mechanical or plumbing installation.

(n) A permit applicant shall comply with the permit, certification or licensure requirements of the following laws

applicable to the construction:

(1) The Boiler and Unfired Pressure Vessel Law (35 P. S. §§ 1331.1-1331.19).

(2) The Propane and Liquefied Petroleum Gas Act (35 P. S. §§ 1329.1-1329.19).

(3) The Health Care Facilities Act.

(4) The Older Adult Daily Living Centers Licensing Act (62 P. S. §§ 1511.1-1511.22).

(a) A building code official shall grant or deny a permit application, in whole or in part, within 30 business days of the

filing date. Reasons for the denial shall be in writing and sent to the applicant. The building code official and the permit

applicant may agree in writing to extend the deadline by a specific number of days. A building code official may establish

a different deadline to consider applications for a permit in an historic district.

(b) A building code official shall examine the construction documents and shall determine whether the construction

indicated and described is in accordance with the Uniform Construction Code and other pertinent laws or ordinances as

part of the application process.

(c) A building code official shall stamp or place a notation on each page of the set of reviewed construction

documents that the documents were reviewed and approved for Uniform Construction Code compliance before the permit

is issued. The building code official shall clearly mark any required non-design changes on the construction documents.

The building code official shall return a set of the construction documents with this notation and any required changes to

the applicant. The permit holder shall keep a copy of the construction documents at the work site open to inspection by

the construction code official or an authorized representative.

(d) A building code official may not issue a permit for any property requiring access to a highway under the Department

of Transportation’s jurisdiction unless the permit contains notice that a highway occupancy permit is required under section

420 of the State Highway Law (36 P. S. § 670-420) before driveway access to a Commonwealth highway is permitted.

(e) A building code official may issue a permit for the construction of the foundations or other parts of a building or structure

before the construction documents for the whole building or structure are submitted if the permit applicant previously filed

adequate information and detailed statements for the building or structure under the Uniform Construction Code. Approval

under this section is not assurance that the building code official will issue a permit for the entire building or structure.

(f) Issuance of a permit does not bar prosecution or other legal action for violations of the act, the Uniform

Construction Code or a construction ordinance. A building code official may suspend or revoke a permit issued under the

Uniform Construction Code when the permit holder does not make the required changes directed by the building code

official under subsection (c), when the permit is issued in error, on the basis of inaccurate or incomplete information or in

violation of any act, regulation, ordinance or the Uniform Construction Code.

(g) A permit becomes invalid unless the authorized construction work begins within 180 days after the permit’s

issuance or if the authorized construction work permit is suspended or abandoned for 180 days after the work has

commenced. A permit holder may submit a written request for an extension of time to commence construction for just

cause. The building code official may grant extensions of time to commence construction in writing. A permit may be valid

for no more than 5 years from its issue date.

(h) The permit holder shall keep a copy of the permit on the work site until the completion of the construction.

(i) A permit applicant may request extensions of time or variances or appeal a building code official’s action on the

permit application to a board of appeals under § 403.122 (relating to appeals, variances and extensions of time).

(j) A board of appeals may not rule on requests for extensions of time, variances or appeals relating to this chapter’s

accessibility requirements. The Secretary has the exclusive power to grant modifications and extensions of time and

decide issues of technical infeasibility under § 403.142 (relating to Accessibility Advisory Board)

(k) A building code official may allow deferred submittals of portions of the design of the building and structure from the

time of the application until a specified time set by the building code official. All of the following apply to deferred submittals:

(1) The building code official shall provide prior approval of the deferral of any submittal items.

(2) A licensed architect or professional engineer in responsible charge shall list the deferred submittals on

the construction documents for review by the building code official.

(3) A licensed architect or professional engineer shall first review submittal documents for deferred submittal

items and place a notation on the documents that the architect or engineer reviewed the documents and that the

documents are in general conformance with the design of the building or structure.

(4) Deferred submittal items may not be installed until the building code official approves the design and

submittal documents for the deferred submittal items.

(l) Work shall be installed in accordance with the approved construction documents. The permit holder shall submit a

revised set of construction documents for approval for changes made during construction that are not in accordance with

the approved construction documents.

(m) A permit is not valid until the required fees are collected under §§ 401.2 and 401.2a (relating to Department fees;

and municipal and third-party agency fees).

(a) Materials, products and methods of construction that were evaluated as meeting codes enumerated in § 403.21

(relating to Uniform Construction Code) by the ICC Evaluation Service, Inc. or an evaluation service accredited under the

‘‘General Requirements for Bodies Operating Product Certification Systems’’ issued by the ISO (ISO Guide 65) are

approved for use. The use shall conform with the evaluation.

(b) Materials, equipment and devices bearing the label or listed by a testing laboratory or quality assurance agency

accredited by the International Accreditation Service, Inc. or another agency accredited under the ‘‘Calibration and Testing

Laboratory Accreditation Systems-General Requirements for Operation and Recognition’’ issued by ISO (ISO Guide 58)

are approved for use if:

(1) The testing laboratory or quality assurance agency deemed the material as meeting Uniform Construction

Code-required standards.

(2) The scope of accreditation is applicable to Uniform Construction Code-required standards.

(c) A new building or remodeling, alteration, addition or change of use and occupancy of an existing building which

complies with the International Performance Code shall also be in compliance with the Uniform Construction Code.

(a) A construction code official shall perform inspections to insure that the construction complies with the approved

permit and the Uniform Construction Code.

(b) Before issuing a permit, a building code official may examine, or cause to be examined, buildings, structures,

facilities or sites related to the permit application.

(c) The permit holder or an authorized agent shall notify the construction code official when work is ready for

inspection and provide access for the inspection. The work shall remain accessible and exposed for inspection. A

construction code official may inspect the construction and equipment only during normal hours at the construction site

unless the permit holder or agent requests or agrees to another time. Inspections may be conducted under § 403.86

(relating to right of entry to inspect).

(d) A construction code official shall notify a permit holder if construction complies with the Uniform Construction

Code or fails to comply with the Uniform Construction Code.

(e) A construction code official shall conduct a final inspection of the completed construction work and file a final

inspection report, which indicates that all of the following areas met Uniform Construction Code requirements after a final

inspection of the completed construction work:

(1) General building under § 401.7(6) (relating to certification category specification for building inspector).

(2) Electrical under § 401.7(7).

(3) Plumbing under § 401.7(9).

(4) Accessibility under § 401.7(11).

(5) Fire protection under § 401.7(6).

(6) Mechanical under § 401.7(8).

(7) Energy conservation under § 401.7(10).

(f) A code administrator may act in place of a lumber grading or inspection agency to satisfy the requirements under

section 2303.1.1 of the “International Building Code” or its successor code.

§ 403.46. Certificate of occupancy. (Top)

(a) A building, structure or facility may not be used or occupied without a certificate of occupancy issued by a building

code official.

(b) A building code official shall issue a certificate of occupancy within 5 business days after receipt of a final

inspection report that indicates compliance with the Uniform Construction Code. The certificate of occupancy shall contain

the following information:

(1) The permit number and address of the building, structure or facility.

(2) The permit holder’s name and address.

(3) A description of the portion of the building, structure or facility covered by the occupancy permit.

(4) The name of the building code official who issued the occupancy permit.

(5) The applicable construction code edition applicable to the occupancy permit.

(6) The use and occupancy classification under Chapter 3 (Use and Occupancy Classification) of the

‘‘International Building Code,’’ when designated.

(7) The type of construction defined in Chapter 6 (Types of Construction) of the ‘‘International Building

Code,’’ when designated.

(8) Special stipulations and conditions relating to the permit and board of appeals’ decisions and variances

for accessibility requirements granted by the Secretary.

(9) The date of the final inspection.

(c) A building code official may issue a certificate of occupancy for a portion of a building, structure or facility if the

portion independently meets the Uniform Construction Code.

(d) A building code official may suspend or revoke a certificate of occupancy when the certificate was issued in error,

on the basis of incorrect information supplied by the permit applicant or in violation of the Uniform Construction Code.

Before a certificate of occupancy is revoked, a building owner may request a hearing before the board of appeals under §

403.122 (relating to appeals, variances and extensions of time).

(e) A building code official may issue a temporary certificate of occupancy for a portion or portions of the building or

structure before the completion of the entire work covered by the permit if the portion or portions may be occupied safely.

The building code official shall set a time period during which the temporary certificate of occupancy is valid.

(a) A building code official may authorize the temporary connection of a building or system under construction to a

utility source of energy, fuel or power.

(b) Connection to a public electric or gas utility for the completed construction may not occur unless the permit holder

provides written proof to the utility company that the building or structure passed inspections under this chapter.

(a) The Boiler and Unfired Pressure Law (35 P. S. §§ 1331.1-1331.19) and Chapter 3 (relating to boilers and unfired

pressure vessels) govern the new installation, repair or replacement of a boiler or other pressure vessel.

(b) A permit under this chapter is not required for the installation, repair or replacement of a boiler or unfired pressure

vessel under subsection (a). The building or structure containing the boiler or unfired pressure vessel shall comply with

the Uniform Construction Code or the regulation or ordinance in effect at the time of its legal occupancy.

This subchapter and §§ 403.62-403.66 apply to municipalities electing to enforce the Uniform Construction Code under §

403.102 (relating to municipalities electing to enforce the Uniform Construction Code) and third-party agencies.

(a) Applications for a permit required under § 403.62 (relating to permit requirements and exemptions) shall be

submitted to the building code official in accordance with this section.

(b) A permit applicant shall submit an application to the building code official and attach construction documents with

plans and specifications.

(c) A building code official may waive the submission of construction documents if the nature of the construction does

not require the review of the construction documents to determine compliance with the Uniform Construction Code.

(d) A permit applicant for a building or structure located in a flood hazard area under the National Flood Insurance

Program shall submit the following information with the construction documents:

(1) Delineation of flood hazard areas, floodway boundaries and flood zones and the design flood elevation,

as appropriate.

(2) The elevation of the proposed lowest floor including basement and the height of the proposed lowest floor

including basement above the highest adjacent grade is to be included in the documents if the building or

structure is located in areas of shallow flooding (Zone AO).

(3) Design flood elevations contained on the municipality’s Flood Insurance Rate Map produced by the

Federal Emergency Management Agency. The building code official and the applicant shall obtain and reasonably

utilize design flood elevation and floodway data available from other sources if this information is not contained on

the municipality’s Flood Insurance Rate Map.

(e) The application must contain a site plan showing the size and location of the new construction and existing

structures on the site and the structures’ distance from lot lines. If the construction involves demolition, the site plan must

indicate construction that is to be demolished and the size and location of existing structures and construction that will

remain on the site or plot. A building code official may waive or modify the site plan requirement when the permit

application is for an alteration or a repair or if the waiver is warranted for other reasons.

(a) A building code official shall grant or deny a permit application, in whole or in part, within 15 business days of the

filing date or the application is deemed approved. Reasons for the denial must be in writing and sent to the permit applicant.

The building code official and the applicant may agree in writing to extend the deadline by a specific number of days.

(b) A building code official shall examine the construction documents and shall determine whether the construction

indicated and described is in accordance with the Uniform Construction Code and other pertinent laws or ordinances as

part of the application process.

(c) A building code official shall stamp or place a notation on each page of the set of reviewed construction

documents that the documents were reviewed and approved for Uniform Construction Code compliance before the permit

is issued. The building code official shall clearly mark any required nondesign changes on the construction documents.

The building code official shall return a set of the construction documents with this notation and any required changes to

the applicant. The applicant shall keep a copy of the construction documents at the work site open to inspection by the

construction code official or an authorized representative.

(d) A building code official may not issue a permit for any property requiring access to a highway under the Department

of Transportation’s jurisdiction unless the permit contains notice that a highway occupancy permit is required under section

420 of the State Highway Law (36 P. S. § 670-420) before driveway access to a Commonwealth highway is permitted.

(e) A building code official may issue a permit for the construction of the foundations or other parts of a building or structure

before the construction documents for the whole building or structure are submitted if the permit applicant previously filed

adequate information and detailed statements for the building or structure under the Uniform Construction Code. Approval

under this section is not assurance that the building code official will issue a permit for the entire building or structure.

(f) Issuance of a permit does not bar prosecution or other legal action for violations of the act, the Uniform

Construction Code or a construction ordinance. A building code official may suspend or revoke a permit issued under the

Uniform Construction Code when the owner does not make the required changes directed by the building code official

under subsection (c), when the permit is issued in error, on the basis of inaccurate or incomplete information or in violation

of any act, regulation, ordinance or the Uniform Construction Code.

(g) A permit becomes invalid unless the authorized construction work begins within 180 days after the permit’s

issuance or if the authorized construction work permit is suspended or abandoned for 180 days after the work has

commenced. A permit holder may submit a written request for an extension of time to commence construction for just

cause. The building code official may grant extensions of time to commence construction in writing. A permit may be valid

for no more than 5 years from its issue date.

(h) The permit holder shall keep a copy of the permit on the work site until the completion of the construction.

(i) A permit applicant may request extensions of time or variances or appeal a building code official’s action on the

permit application to a board of appeals under § 403.122 (relating to appeals, variances and extensions of time) in a

municipality which has adopted an ordinance for the administration and enforcement of the act or municipalities which are

parties to an agreement for the joint administration and enforcement of the act.

(j) Work shall be installed in accordance with the approved construction documents. The permit holder shall submit a

revised set of construction documents for approval for changes made during construction that are not in accordance with

the approved construction documents.

(k) A permit is not valid until the required fees are collected under § 401.2a (relating to municipal and third-party agency fees).

(a) A construction code official shall inspect all construction for which a permit was issued. The permit holder shall

insure that the construction is accessible for inspection. An inspection does not bar prosecution or other legal action for

violation of the Uniform Construction Code.

(b) The permit holder or an authorized agent shall notify the construction code official when work is ready for

inspection and provide access for the inspection.

(c) The construction code official shall notify a permit holder if construction complies with the Uniform Construction

Code or fails to comply with the Uniform Construction Code.

(d) A construction code official shall make the following inspections and file inspection reports relating to Uniform

Construction Code compliance in all of the following areas:

(1) Foundation inspection.

(2) Plumbing, mechanical and electrical system inspection.

(3) Frame and masonry inspection.

(4) Wallboard inspection.

(e) The construction code official may conduct other inspections to ascertain compliance with the Uniform

Construction Code or municipal ordinances.

(f) A construction code official shall conduct a final inspection of the completed construction work and file a final

inspection report that indicates compliance with the Uniform Construction Code.

(g) A third-party agency under contract with a permit holder shall submit a copy of the final inspection report to the

property owner, builder and the lender designated by the builder.

(a) A residential building may not be used or occupied without a certificate of occupancy issued by a building code official.

(b) A building code official shall issue a certificate of occupancy after receipt of a final inspection report that indicates

compliance with the Uniform Construction Code within 5 business days. The certificate of occupancy shall contain all of

the following information:

(1) The permit number and address of the residential building.

(2) The name and address of the owner of the residential building.

(3) A description of the portion of the residential building covered by the occupancy permit.

(4) A statement that the described portion of the residential building was inspected for compliance with the

Uniform Construction Code.

(5) The name of the building code official who issued the occupancy permit.

(6) The construction code edition applicable to the occupancy permit.

(7) If an automatic sprinkler system is provided.

(8) Any special stipulations and conditions relating to the building permit.

(c) A building code official may issue a certificate of occupancy for a portion of a residential building if the portion

independently meets the Uniform Construction Code.

(d) A building code official may suspend or revoke a certificate of occupancy when the certificate was issued in error,

on the basis of incorrect information supplied by the permit applicant, or in violation of the Uniform Construction Code.

Before a certificate of occupancy is revoked, a building owner may request a hearing before the board of appeals in

accordance with § 403.122 (relating to appeals, variances and extensions of time).

(e) A third-party agency under contract with a building permit holder shall submit a copy of the certificate of

occupancy to the municipality.

(f) A building code official may issue a temporary certificate of occupancy for a portion or portions of the building or

structure before the completion of the entire work covered by the permit if the portion or portions may be occupied safely.

The building code official shall set a time period during which the temporary certificate of occupancy is valid.

(a) A building code official may authorize the temporary connection of a building or system under construction to a

utility source of energy, fuel or power.

(b) Connection to a public electric or gas utility for the completed construction may not occur unless the permit holder

provides written proof to the utility company that the building or structure passed inspections under this chapter.

(a) A building code official may issue a written stop work order when the official determines that construction violates

the Uniform Construction Code or is being performed in a dangerous or unsafe manner. The stop work order is to contain

the reasons for the order and list the required conditions for construction to resume.

(b) The building code official shall serve the stop work order on the permit owner or the owner’s agent by certified

mail or personal service.

(c) A person who continues construction after service of a stop work order, except for construction work that is

necessary to remove a violation or an unsafe condition, may be subject to the penalties under section 903 of the act (35

P. S. § 7210.903). A building code official may seek enforcement of a stop work order in a court of competent jurisdiction.

A building code official shall follow the following procedures if an inspection reveals a violation of the Uniform Construction

Code:

(1) A construction code official shall discuss the inspection results with the permit holder at the completion of

the inspection.

(2) The building code official may issue a written notice of violations to the permit holder. The notice is to

contain a description of the violations and an order requiring correction of the violations within a reasonable period

determined by the building code official. When a violation relates to an unsafe building, structure or equipment, a

building code official shall act in accordance with § 403.84 (relating to unsafe building, structure or equipment).

(3) After the compliance date contained in the order, the building code official shall inspect the building,

structure or equipment to determine whether the violation was corrected. The building code official shall close the

order if the violation was corrected. The building code official may issue an order to show cause under § 403.83

(relating to order to show cause/order to vacate) to the owner for a violation that was not corrected.

(a) A building code official may initiate action to vacate or close a building, structure or equipment for violations of the

Uniform Construction Code by issuing an order to show cause to the owner or owner’s agent of a building or structure.

(b) The order to show cause shall contain a statement of the grounds for the action, the alleged violations of the Uniform

Construction Code and notification that the building, structure or equipment may be closed or vacated. The order to show

cause shall contain notification that the owner or owner’s agent shall submit a written answer within 30 days. The building

code official shall serve the order to show cause upon the owner or owner’s agent by certified mail or personal service.

(c) The owner or owner’s agent may file a written answer to the order to show cause with the building code official

within 30 days following service of the order to show cause. The answer shall contain specific admissions or denials of the

allegations contained in the order to show cause and set forth the specific facts, matters of law or Uniform Construction

Code interpretation relied upon by the owner. The answer may contain a request for a variance or an extension of time for

compliance. The building code official shall forward all requests for variances, extensions of time or appeals regarding

interpretations of the Uniform Construction Code to the board of appeals within 5 business days. The building code official

shall send a request for variance, extension of time or appeals regarding interpretation of the Uniform Construction Code’s

accessibility requirements to the Department within 5 business days.

(d) If the owner or owner’s agent files an appeal, the board of appeals or Department will assume jurisdiction and

consolidate the answer with any pending request for variance, extension of time or appeal filed by the owner with the

board of appeals.

(e) The building code official shall consider the pending request for variance or extension of time or appeal as a stay

to an enforcement action.

(f) After receipt of the answer, the building code official may take the following actions if the owner or owner’s agent

did not previously file an appeal or request for variance or extension of time:

(1) Issue a stop work order.

(2) Vacate or close the building or structure or place equipment out of operation.

(3) Abate or modify the alleged violation.

(4) Order other action to protect persons or property.

(g) A construction code official shall inspect the construction at the expiration of an extension of time or other time

period granted for compliance under this section. If the building, structure or equipment violates the Uniform Construction

Code following inspection, the building code official may issue an order vacating or closing the building or structure or

placing equipment out of operation. The building code official shall serve this order upon the owner or owner’s agent by

certified mail or personal service.

(h) Where an unsafe condition exists, a building code official shall act in accordance with § 403.84 (relating to unsafe

building, structure or equipment).

(a) A building code official may determine that a building, structure or equipment is unsafe because of inadequate means

of egress, inadequate light and ventilation, fire hazard, other dangers to human life or the public welfare, illegal or improper

occupancy or inadequate maintenance. A vacant building or structure that is not secured against entry is unsafe under this section.

(b) When a building code official determines the existence of an unsafe condition, the building code official shall order

the vacating of the building or structure.

(c) A building code official shall serve a written notice on the owner or owner’s agent of the building, structure or

equipment that is unsafe under this section. The notice shall contain the order to vacate the building, structure or seal the

equipment out of service and state the unsafe conditions, required repairs or improvements. The order shall be served by

certified mail or personal service to the owner or to the owner’s agent’s last known address or on the owner, agent or

person in control of the building, structure or equipment. A building code official shall post the written notice at the

entrance of the structure or on the equipment if service cannot be accomplished by certified mail or personal service.

(d) When a building or structure is ordered vacated under this section, the building code official shall post a notice at

each entrance stating that the structure is unsafe and its occupancy is prohibited.

(e) A building code official may not rescind the order to vacate until the owner abates or corrects the unsafe condition.

(f) The Department may seal an elevator for an unsafe condition under section 105(c)(1) of the act (35 P. S. §

7210.105(c)(1)). The Department is the only entity that may remove or authorize the removal of a seal if an owner abates

or corrects the unsafe condition.

(a) The Fire and Panic Act, the act of September 1, 1965 (P. L. No. 235) (71 P. S. §§ 1455.1-1455.3b), known as the

Universal Accessibility Act and a locally-enacted building code shall remain in effect until the date that one of the following

has transpired:

(1) A municipality enacts an ordinance adopting the Uniform Construction Code and the municipality provides

written notification to the Department of the adopted ordinance before August 7, 2004.

(2) The initial election and notification period ended on August 7, 2004, and the municipality has not provided

written notification to the Department.

(3) The municipality elects not to adopt an ordinance enforcing the Uniform Construction Code and provides

written notification to the Department.

(b) After the expiration of the initial election period, a municipality may elect to administer and enforce the Uniform

Construction Code. The municipality shall provide 180 days notice to the Department of its intention to pass an ordinance

adopting the Uniform Construction Code.

(c) The Fire and Panic Act, the Universal Accessibility Act and a locally-enacted building code shall remain in effect

for the following construction:

(1) New buildings or renovations to existing buildings for which an application for a building permit was made

to the municipality before April 9, 2004.

(2) New buildings or renovations to existing buildings on which a contract for design or construction was

signed before April 9, 2004.

(a) A municipality which elects to enforce the Uniform Construction Code shall enact an ordinance adopting the

Uniform Construction Code as its municipal building code under section 501(a) of the act (35 P. S. § 7210.501(a)).

(b) The initial election period is from April 9, 2004, through July 8, 2004. A municipality shall enact an ordinance

adopting the Uniform Construction Code by July 8, 2004.

(c) A municipality shall submit written notification to the Department of adoption of the ordinance and the following

information within 30 days of its adoption:

(1) The number and date of adoption of the ordinance.

(2) The name of building code official.

(3) The business address of building code official.

(4) The business phone number of building code official.

(5) The electronic mail address of building code official, if available.

(d) A municipality may retain ordinances in effect on July 1, 1999, that contain standards that equal or exceed the

Uniform Construction Code under section 303(b) of the act (35 P. S. § 7210.303(b)).

(e) A municipality that administers and enforces the Uniform Construction Code may cease administration and

enforcement if it provides 180 days notice to the Department of its intention to adopt an ordinance ceasing administration

and enforcement.

(f) A municipality shall notify the Department in writing within 30 days of any changes to the information it provided

under subsections (b) and (e).

(g) A municipality that elects to administer and enforce the Uniform Construction Code shall utilize any of the

following ways under section 501(b) of the act:

(1) Employ at least one construction code official and designating an employee to serve as a building code

official.

(2) Retaining one or more third-party agencies.

(3) Utilizing an inter-municipal agreement under 53 Pa.C.S. §§ 2301-2315 (relating to intergovernmental

cooperation).

(4) Contracting with another municipality.

(5) Contracting with the Department for plan reviews, inspection and enforcement of structures other than

one-family and two-family dwelling units and utility and miscellaneous use structures.

(h) A municipality may charge fees under § 401.2a (relating to municipal and third-party agency fees).

(i) A municipality may enact an ordinance containing standards that equal or exceed the Uniform Construction Code

as adopted by § 403.21 (relating to the Uniform Construction Code) under section 503 of the act (35 P. S. § 7210.503)

after Department review and approval. A municipality may enact ordinances under this section which adopt additional

code requirements for alterations or repairs to residential buildings. A municipality may enact ordinances under this

section which adopt stricter code requirements than required by the act for the regulation of utility and miscellaneous use

structures. The municipality shall notify the Department of the proposed ordinance and submit all of the following to the

Department for its review:

(1) The complete ordinance.

(2) The information required in subsection (c).

(3) A detailed statement containing the differences between the proposed ordinance and the Uniform

Construction Code and how the ordinance will equal or exceed the Uniform Construction Code.

(j) The Department will review all proposed ordinances that are filed with the Department in accordance with section

503(f) and (i) of the act (35 P. S. § 7210.503(f) and (i)). The Department will provide written notification of its findings to

the municipality including the Department’s finding on the municipality’s compliance with section 503(b) of the act.

(k) A written challenge of an ordinance is governed by the following:

(1) An aggrieved party may file a written challenge of an ordinance within 30 days of its enactment with the

Department and the municipality under section 503(j) of the act.

(2) The Secretary will issue a ruling on the challenge within 45 days of receipt of the filing of the last

challenge to the ordinance or within 30 days of the Department hearing on the challenge, whichever occurs last,

under section 503(k) of the act.

(l) A municipality may enact an ordinance relating to the administration and enforcement of the Uniform Construction

Code that meets or exceeds the requirements of the following sections:

(1) Section 403.42(b) and (c) (relating to permit requirements and exemptions).

(2) Section 403.42a(a)-(e) and (g)-(n) (relating to permit application).

(3) Section 403.43(b), (c), (g), (h) and (k) (relating to grant, denial and effect of permits).

(4) Section 403.44 (relating to alternative construction material and methods).

(5) Section 403.45 (relating to inspections).

(6) Section 403.46 (relating to certificate of occupancy).

(7) Section 403.47 (relating to public utility connections).

(8) Section 403.62(a)-(e) (relating to permit requirements and exemptions).

(9) Section 403.64 (relating to inspections).

(10) Section 403.65 (relating to certificates of occupancy).

(11) Section 403.66 (relating to public utility connections).

(12) Section 403.81(a) and (b) (relating to stop work order).

(13) Section 403.82 (relating to notice of violations).

(14) Section 403.83 (relating to order to show cause/ order to vacate).

(15) Section 403.84(a)-(e) (relating to unsafe building structure or equipment).

(16) Section 403.85(a)-(c) (relating to release, retention and sharing of commercial construction records).

(m) A municipality may utilize forms provided by the Department of Community and Economic Development as the

permit application under §§ 403.42a and 403.62a.

(n) The Department will enforce Chapter 11 (Accessibility) of the Uniform Construction Code and other accessibility

requirements contained in or referenced by the Uniform Construction Code until a municipality employs or contracts with a

code administrator certified as an accessibility inspector/plans examiner under this part.

(o) A municipality may observe Department inspections of State-owned buildings in its jurisdiction under section

105(b)(1) of the act (35 P. S. § 7210.105(b)(1)). A municipality may review all building plans and plan review documents

for State-owned buildings in the Department’s custody.

(a) A municipality shall provide written notification to the Department before August 7, 2004, if it elects not to

administer and enforce the Uniform Construction Code.

(b) An applicant for a residential building permit shall obtain the services of a third-party agency certified in the

appropriate categories to conduct the plan review and inspections under §§ 403.61-403.66 (relating to permit and inspection

process for residential buildings).

(c) A building code official shall approve an alternative material, design or method of construction if the proposed design

is satisfactory and complies with the intent of the Uniform Construction Code and the offered material, method or work is

equivalent to Uniform Construction Code requirements for its intended purpose. The building code official shall accept

compliance with the International Performance Code as an alternative to compliance with the Uniform Construction Code.

(d) A building code official shall determine the climatic and geographic design criteria contained in Table R301.2(1) of

the ‘‘International Residential Code’’ for residential construction.

(e) A third-party agency which conducts plan review and inspection of residential buildings and utility and miscellaneous

use structures shall retain copies of all final inspection reports relating to Uniform Construction Code compliance.

(f) A third-party agency shall send a copy of the final inspection report to the property owner, builder, and a lender

designated by the builder.

(g) A municipality shall provide written notification to a permit applicant for buildings and structures other than

residential buildings that the applicant shall obtain the Department’s services for plan review and inspection. The

municipality shall send a copy of the notice to the Department. The notice shall contain the following information:

(1) The name of the applicant.

(2) The address of the applicant.

(3) The name of the building or structure.

(4) The address of the building or structure.

(5) Proposed occupancy or use of building or structure under the Uniform Construction Code.

(a) The Department will investigate written and signed complaints concerning the enforcement and administration of

the Uniform Construction Code under section 105(a) of the act (35 P. S. § 7210.105(a)). The Department will make a

report to the governing body of the municipality or third-party agency that was the subject of the review and provide

recommendations to address any deficiencies found by the Department.

(b) The Department will review each municipal enforcement program at least once every 5 years unless a complaint

is received under section 105(a) of the act to ensure that code administrators are adequately administering and enforcing

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. The Department will submit a wr itten report to the municipality

of its findings. The municipality may submit a written response to the Department.

(c) The Department may take any of the following actions for violations of the act or to obtain compliance with the act:

(1) Initiate proceedings in Commonwealth Court under section 105(a)(3) of the act.

(2) Initiate proceedings against code administrators under section 701 of the act (35 P. S. § 7210.701) and §

401.14 (relating to decertification or refusal to certify).

(3) Initiate prosecutions under section 903 of the act (35 P. S. § 7210.903).

(a) A municipality which has adopted an ordinance for the administration and enforcement of the Uniform

Construction Code or is a party to an agreement for the joint administration and enforcement of the Uniform Construction

Code shall establish and appoint members to serve on a board of appeals under section 501(c) of the act (35 P. S. §

7210.501(c)).

(b) The board of appeals shall hear and rule on appeals, requests for variances and requests for extensions of time.

An application for appeal shall be based on a claim that the true intent of the act or Uniform Construction Code has been

incorrectly interpreted, the provisions of the act or Uniform Construction Code do not fully apply or an equivalent form of

construction is to be used.

(c) The composition of a board of appeals is governed by all of the following:

(1) A member of the board of appeals shall be qualified by training and experience to pass on matters

pertaining to building construction. Training and experience may consist of licensure as an architect or engineer,

experience in the construction industry, and training or experience as an inspector or plan reviewer.

(2) A member of the board of appeals holds office at the pleasure of the municipality’s governing body.

(3) Members of a municipality’s governing body and its code administrators may not serve on a board of appeals.

(4) A municipality may fill a position on the board of appeals with a qualified person who resides outside of

the municipality when it cannot find a person within the municipality who satisfies the requirements of this section.

(d) Two or more municipalities may establish a joint board of appeals through an inter-municipal agreement under 53

Pa.C.S. §§ 2301-2315 (relating to intergovernmental cooperation).

(e) A board of appeals member may not cast a vote or participate in a hearing in any appeal, request for variance or

request for extension of time in which the member has a personal, professional or financial interest.

(f) A board of appeals shall schedule meetings and provide public notice of meetings in accordance with 65 Pa.C.S.

§§ 701-716 (relating to Sunshine Act).

(g) A board of appeals may not act upon appeals, requests for variance or requests for extension of time relating to

accessibility under the act.

(a) An owner or owner’s agent may seek a variance or extension of time or appeal a building code official’s decision

by filing a petition with the building code official or other person designated by the board of appeals on a form provided by

the municipality.

(b) The postmark date or the date of personal service will establish the filing date of the appeal and request for

variance or extension of time.

(c) An appeal or request for variance or extension of time to a board of appeals will automatically suspend an action

to enforce an order to correct until the matter is resolved. An action under § 403.84 (relating to unsafe building, structure

or equipment) may not be stayed.

(d) A board of appeals shall decide an appeal, variance request or request for extension of time by reviewing

documents and written brief or argument unless the owner or owner’s agent requests a hearing.

(e) A board of appeals shall hold a hearing within 60 days from the date of an applicant’s request unless the applicant

agreed in writing to an extension of time.

(f) A board of appeals shall only consider the following factors when deciding an appeal under section 501(c)(2) of the act:

(1) The true intent of the act or Uniform Construction Code was incorrectly interpreted.

(2) The provisions of the act do not apply.

(3) An equivalent form of construction is to be used.

(g) A board of appeals may consider the following factors when ruling upon a request for extension of time or the

request for variance:

(1) The reasonableness of the Uniform Construction Code’s application in a particular case.

(2) The extent to which the granting of a variance or an extension of time will pose a violation of the Uniform

Construction Code or an unsafe condition.

(3) The availability of professional or technical personnel needed to come into compliance.

(4) The availability of materials and equipment needed to come into compliance.

(5) The efforts being made to come into compliance as quickly as possible.

(6) Compensatory features that will provide an equivalent degree of protection to the Uniform Construction Code.

(h) If the owner or owner’s agent requests a hearing, the board of appeals shall schedule a hearing and notify the

owner or owner’s agent and building code official of the date, time and place of the hearing.

(i) The board of appeals may:

(1) Deny the request in whole or in part.

(2) Grant the request in whole or in part.

(3) Grant the request upon certain conditions being satisfied.

(j) The board of appeals shall provide a written notice of its decision to the owner and to the building code official.

(k) An owner shall file an appeal, request for variances and request for extension of time relating to accessibility with

the Accessibility Advisory Board under § 403.142 (relating to Accessibility Advisory Board).

(a) The Department will conduct plan and specification review and inspections for all State-owned buildings under

section 105(b) of the act (35 P. S. § 7210.105(b)). The Department will notify municipalities of all inspections of State owned

buildings and provide municipalities the opportunity to observe inspection of the buildings.

(b) The Department will retain jurisdiction over the provisions of Chapter 11 (Accessibility), and any other accessibility

requirements contained in or referenced by the Uniform Construction Code, until a municipality administering and enforcing

the Uniform Construction Code obtains the services of a code administrator certified as an accessibility specialist.

(c) The Department will enforce the Uniform Construction Code for all buildings and structures except for residential

buildings and utility and miscellaneous use structures in municipalities that have not adopted an ordinance to enforce the

act under section 501(a)(1) of the act (35 P. S. § 7210.501(a)(1)).

(d) The Industrial Board will decide petitions for variances and extensions of time and appeals of Department

decisions under the Uniform Construction Code. The Industrial Board will hold the first hearing on a petition within 45 days

of receipt of the petition.

(e) An owner or owner’s agent may file a petition for variance or extension of time or an appeal with the Industrial Board

under § 403.122 (relating to appeals, variances and extensions of time). An owner or owner’s agent may file an appeal

concerning technical infeasibility under Chapter 11 (Accessibility) of the Uniform Construction Code and other accessibility

requirements contained in or referenced by the Uniform Construction Code with the Accessibility Advisory Board under §

403.142 (relating to Accessibility Advisory Board).

(a) The Secretary has the exclusive power to grant modifications and extensions of time and decide issues of

technical infeasibility under Chapter 11 (Accessibility) of the Uniform Construction Code and other accessibility

requirements contained in or referenced by the Uniform Construction Code for individual projects under section 301(a)(3)

of the act (35 P. S. § 7210.301(a)(3)).

(b) The Accessibility Advisory Board is created with the following powers and duties under section 106 of the act (35

P. S. § 7210.106):

(1) Review all proposed regulations under the act and offer comment and advice to the Secretary on all

issues related to accessibility by persons with physical disabilities and enforcement of accessibility requirements.

(2) Review all applications for modifications or variances of Chapter 11 (Accessibility) of the Uniform

Construction Code and any other accessibility requirements contained in or referenced by the Uniform

Construction Code. The Accessibility Advisory Board will advise the Secretary whether modification or variance

should be granted or whether compliance is technically feasible.

(3) Hear appeals from decisions of building code officials and recommend modifications, variances or

extensions of time. An appeal of a decision of a building code official shall be based on a claim that the true intent

of the act or the Uniform Construction Code was incorrectly interpreted, the act does not apply or an equivalent

form of construction is to be used.

(c) The Accessibility Advisory Board will schedule meetings and provide public notice of meetings in accordance with

65 Pa.C.S. §§ 701-716 (relating to the Sunshine Act).

(d) The Accessibility Advisory Board will hear requests for variances or modification, requests for extensions of time

and appeals in accordance with the following procedure:

(1) An owner or owner’s agent shall file an appeal with the Accessibility Advisory Board on a Department provided

form.

(2) The postmark date or the date of personal service will establish the filing date of the appeal.

(3) An appeal to the Accessibility Advisory Board will automatically suspend an action to enforce an order to

correct except where there is an unsafe building, structure or equipment under § 403.84 (relating to unsafe

building, structure or equipment).

(4) The Accessibility Advisory Board will make recommendations based upon documents and written brief

unless the owner requests a hearing.

(5) If the owner or owner’s agent requests a hearing, the Accessibility Advisory Board will schedule a hearing

and will provide written notification to the owner or owner’s agent and the building code official of the date, time

and place of the hearing. The notification will be made no less than 5 days prior to the hearing unless the owner

waives this period.

(6) The Accessibility Advisory Board may consider the following factors when a request for an extension of

time or a variance or other appropriate relief is reviewed:

(i) The reasonableness of the regulations or Uniform Construction Code as applied in the specific case.

(ii) The extent to which an extension of time or a variance will subject occupants of the building or

structure to conditions which do not comply with the Uniform Construction Code.

(iii) The availability of professional or technical personnel needed to comply with the Uniform

Construction Code.

(iv) The availability of materials and equipment needed to comply with the Uniform Construction Code.

(v) The efforts made to safeguard occupants.

(vi) The efforts made to comply with the Uniform Construction Code.

(vii) Compensatory features that will provide an equivalent degree of compliance with the intent of the

Uniform Construction Code.

(7) The Accessibility Advisory Board will recommend that the Secretary take one of the following actions:

(i) Deny the request in whole or in part.

(ii) Grant the request in whole or in part.

(iii) Grant the request upon certain conditions being satisfied.

(iv) Grant other appropriate relief.

(8) The Secretary will make a final decision on the request and will issue written notice of the decision to the

owner or the owner’s agent and the building code official.

(e) An individual, partnership, agency, association or corporation who reasonably believes there is a violation of the

accessibility provisions of the act or the Uniform Construction Code by a governmental entity or private owner may file a

complaint with the body responsible for enforcement of the Uniform Construction Code under section 501(f) of the act (35

P. S. § 7210.501(f).