§ 7210.107. Uniform Construction Code Review and Advisory Council
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: October 25, 2017
Effective: October 25, 2017
35 P.S. § 7210.107
§ 7210.107. Uniform Construction Code Review and Advisory Council
(1) Gather information from municipal officers, building code officials, construction code officials, licensed design professionals, builders, property owners, construction trades and consumer representatives concerning issues with the Uniform Construction Code raised by council members or changes proposed by members of the General Assembly.
(3) With the exception of the accessibility provisions of the most recently published editions of ICC codes, or any other accessibility requirements specified in regulation, contained in or referenced by the Uniform Construction Code relating to persons with physical disabilities, review the updated sections, as provided under section 1081 or other sections of the collective codes, as provided under section 108(a)(1)(iii).
(ii) One member who must be a Uniform Construction Code-certified building inspector, who possesses all nonresidential inspection certifications but does not need to possess a fire inspector certification, or a certified plans examiner, who holds an accessibility certification from an association representing building code officials and has experience administering and enforcing nonresidential codes.
(xv) One member from an association representing modular housing manufacturers who must be knowledgeable, licensed or certified under the act of May 11, 1972 (P.L. 286, No. 70),2 known as the Industrialized Housing Act, to manufacture and sell modular homes in this Commonwealth.
At least one of the inspectors appointed to the council shall be a municipal employee, and at least one inspector shall be a third-party private sector inspector. All members shall present documentation to the secretary that they meet the qualifications of the member's appointment and the secretary shall maintain the documentation for public inspection.
(e) Removal.--Council members who miss three or more consecutive meetings or who miss three or more meetings of a technical advisory committee to which they have been appointed may be removed from the council and any technical advisory committees to which they have been appointed and a new council member shall be appointed in accordance with this section. Notwithstanding any other provision to the contrary, the council chair shall appoint a council member to serve on a technical advisory committee and replace a council member removed from that technical advisory committee pursuant to this subsection. A council member may also be removed for just cause by the Governor. A council member who does not meet the qualifications of their appointment shall be removed.
(3) A member appointed to the council before the effective date of this section3 shall serve on the council according to the following:
(3) The council shall publish a schedule of its meetings in the Pennsylvania Bulletin and in at least one newspaper of general circulation. The notice shall be published at least five business days in advance of each meeting. The notice shall specify the date, time and place of the meeting and shall state that the meetings of the council are open to the general public.
(4) Council members may participate in council meetings in person, via telephone conference or via video conference. Council members may submit votes in person, telephonically or by electronic mail to the chair of the council. The department may approve similar methods of communication for participation and voting by council members.
(j) Administrative support.--The department shall provide a facility for council meetings under this act, stenographic services, secretarial services, legal representation and required notice of the council's meetings. The department shall provide staff support in drafting any reports required under this act.
(i) There shall be a technical advisory committee for each of the codes included in the Uniform Construction Code and specified in 34 Pa. Code § 403.21 (relating to Uniform Construction Code), and such other technical advisory committees as the council deems necessary to facilitate its review. Members of industry and interest groups associated with code development and enforcement shall be permitted to participate in the technical advisory committee.
(ii) Each technical advisory committee shall be limited to a maximum of 12 members. The chair of the council shall appoint a council member to chair each technical advisory committee. Any other council member may seek appointment to a technical advisory committee and, if no more than four additional council members seek appointment to a specified technical advisory committee, those council members shall also be appointed to the technical advisory committee. If more than four council members seek appointment to a technical advisory committee, the chair of the council shall appoint four of the council members seeking appointment to serve and the remaining council members seeking appointment shall serve only if additional positions on the technical advisory committee remain after selection of the technical advisory committee members pursuant to subparagraph (v).
(iii) The department shall publish a notice seeking participation in the technical advisory committees in the Pennsylvania Bulletin and on the department's publicly accessible Internet website or, in the absence of an Internet website, in such other manner as the secretary determines will provide substantially similar public notice.
(v) The chair of the council shall seek to ensure diversity of interests on each technical advisory committee. Technical advisory committee members shall be selected by the chair of the council from among the interested persons identified in subparagraph (iv) so as to ensure that the technical advisory committee as a whole has, at minimum, representation from affected contractor associations, affected building trade organizations, the code enforcement community, the design professional community and other relevant industries.
(vii) Technical advisory committee members may submit votes in person, telephonically or by electronic mail to the chair of the technical advisory committee. Recommendations of a technical advisory committee shall be by majority of the votes received from council members on the technical advisory committee and shall be nonbinding.
1999, Nov. 10, P.L. 491, No. 45, § 107, added 2008, Oct. 9, P.L. 1386, No. 106, § 2, imd. effective. Amended 2011, April 25, P.L. 1, No. 1, § 1; 2017, Oct. 25, P.L. 356, No. 36, § 2, imd. effective.
35 P.S. § 7210.108.
35 P.S. § 1651.1 et seq.
Subsec. (f)(3) was added by 2017, Oct. 25, P.L. 356, No. 36, § 2, imd. effective.
35 P.S. § 7210.107, PA ST 35 P.S. § 7210.107
Current through 2023 Regular Session Act 7. Some statute sections may be more current, see credits for details.
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