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§ 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

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 40A. Construction Code Act (Refs & Annos)
Chapter 1. Preliminary Provisions
Effective: October 25, 2017
35 P.S. § 7210.107
§ 7210.107. Uniform Construction Code Review and Advisory Council
(a) Establishment.--The Uniform Construction Code Review and Advisory Council is hereby established.
(b) Duties.--The council shall do the following:
(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.
(2) Evaluate the information compiled under paragraph (1) and make recommendations to the following:
(i) The Governor.
(ii) The Secretary of Labor and Industry.
(iii) The members of any legislative committee considering amendments to this act.
(iv) The President pro tempore of the Senate.
(v) The Speaker of the House of Representatives.
(vi) The International Code Council.
(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).
(c) Composition.--The council shall be comprised of members who are legal residents of this Commonwealth selected as follows:
(1) One member, appointed by the President pro tempore of the Senate, who must be a general contractor from an association representing the residential construction industry and have a recognized ability and experience in the construction of new residential dwellings.
(2) One member, appointed by the Minority Leader of the Senate, who must be a second or third class city official and have recognized ability and experience in the construction of buildings.
(3) One member, appointed by the Speaker of the House of Representatives, who must be a general contractor from an association representing the nonresidential construction industry and have recognized ability and experience in the construction of nonresidential buildings.
(4) One member, appointed by the Minority Leader of the House of Representatives, who must have recognized ability and experience in construction trades so as to represent employees in the industry.
(5) Seventeen members appointed by the Governor to include the following:
(i) One member who must be a Uniform Construction Code-certified residential building inspector, possess all five residential certifications from an association representing building code officials and have experience administering and enforcing residential codes.
(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.
(iii) One member who must be a Uniform Construction Code-certified fire inspector from an association representing fire code officials.
(iv) One member who must be a Uniform Construction Code-certified building code official from an association representing building code officials with building code official certification.
(v) One member who must be a residential contractor from an association representing contractors engaged in remodeling residential buildings and have recognized ability and experience in remodeling residential and nonresidential buildings.
(vi) One member who must be a licensed architect from an association representing architects and have recognized ability and experience in the design and construction of nonresidential buildings.
(vii) One member who must be a licensed architect from an association representing architects and have recognized ability and experience in the design and construction of residential buildings.
(viii) One member who must be a licensed structural engineer from an association representing professional engineers and have recognized ability and experience in the design and construction of buildings.
(ix) One member who must be a licensed mechanical engineer specializing in HVAC systems from an association representing professional engineers and have recognized ability and experience in the design and construction of buildings.
(x) One member who must be a licensed mechanical engineer specializing in plumbing and fire protection from an association representing professional engineers and have recognized ability and experience in the design and construction of buildings.
(xi) One member who must be a licensed electrical engineer from an association representing professional engineers and have recognized ability and experience in the design and construction of buildings.
(xii) One member who must be a public official of a borough and have recognized ability and experience in the construction of buildings.
(xiii) One member from an association representing manufactured housing who must be knowledgeable, licensed or certified to sell and install manufactured housing.
(xiv) One member who must be a first class city official and have recognized ability and experience in the administration and enforcement of this act.
(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.
(xvi) One member who is a public official of a township of the second class and has recognized ability and experience in the construction of buildings.
(xvii) One member from an association representing commercial building owners who has recognized ability and experience in the construction and renovation of nonresidential buildings.
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.
(d) Vacancies.--Vacancies on the council shall be filled in the manner provided under subsection (c) within 90 business days of the vacancy. If the appointing authority fails to act within 90 business days, the council chairperson shall appoint an individual to fill the vacancy.
(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.
(f) Terms.--
(1) Except as otherwise provided under this subsection, a member of the council shall serve terms of three years and until his successor is appointed.
(2) The term of a member appointed under subsection (c)(1), (2), (3), (4) or (5)(xvii) shall commence immediately upon appointment and shall expire June 30, 2020, and until a successor is appointed.
(3) A member appointed to the council before the effective date of this section shall serve on the council according to the following:
(i) If the member meets the qualifications as specified under subsection (c)(5)(x) or (xiv), the member shall fill the appointment under subsection (c)(5)(x) or (xiv) until June 30, 2017, and until a successor is appointed.
(ii) If the member meets the qualifications as specified under subsection (c)(5)(i), (ii), (iv), (vi), (viii), (ix) or (xv), the member shall fill the appointment under subsection (c)(5)(i), (ii), (iv), (vi), (viii), (ix) or (xv) until June 30, 2018, and until a successor is appointed.
(iii) If the member meets the qualifications as specified under subsection (c)(5)(iii), (v), (vii), (xi),(xii), (xiii) or (xvi), the member shall fill the appointment under subsection (c)(5)(iii), (v), (vii)(xi), (xii), (xiii) or (xvi) until June 30, 2019, and until a successor is appointed.
(4) If a member serving the council under paragraph (3)(i), (ii) or (iii) resigns or is removed in accordance with subsection (e), the member's successor shall serve for the remainder of the member's term and until a successor is appointed.
(g) Chairperson and vice chairperson.--The members shall elect, by a majority vote, a chairperson and vice chairperson of the council.
(h) Quorum.-- Eleven members shall constitute a quorum.
(i) Meetings.--Meetings shall be conducted as required under 65 Pa.C.S. Ch. 7 (relating to open meetings) as follows:
(1) The council shall meet at least once every six months. Meeting dates shall be set by majority vote of the council members or by the call of the chair along with at least seven business days' notice to all members.
(2) All meetings of the council shall be publicly advertised and shall be open to the public. Members of the general public shall be given reasonable opportunity to address the council.
(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.
(k) Technical support.--The council may solicit and retain, with or without compensation, individuals who are qualified by training or experience to provide expert input to the council. At the discretion of the council:
(1) Except as set forth in paragraph (2), such individuals may be compensated for their services or reimbursed for reasonable travel expenses at a reasonable rate established by the secretary, or both.
(2) Paragraph (1) does not apply to a member of a technical advisory committee appointed under subsection (m)(1)(v).
(l) Compensation and expenses.--Members of the council shall not receive a salary or per diem allowance for their service but shall be reimbursed in amounts and as determined by the department for reasonable travel, lodging and other necessary expenses incurred in performing their duties.
(m) Technical advisory committees.--
(1) The council shall establish a process by which technical advisory committees will assist the council in the review of the updated sections. The technical advisory committee process shall comply with the following requirements:
(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.
(iv) Interested persons shall submit to the chair of the council the following information within 30 days following the publication of the notice:
(A) name;
(B) the name or subject matter area of the technical advisory committee to which the individual seeks to be appointed;
(C) contact information;
(D) industry sector, interest group or area of construction industry expertise, if applicable; and
(E) summary of experience and expertise.
(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.
(vi) Meetings of the technical advisory committees may be in person, via telephone conference or via video conference. The department may approve similar methods of communication for participation and voting by technical advisory committee members.
(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.

Credits

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.

Footnotes

35 P.S. § 7210.108.
35 P.S. § 1651.1 et seq.
35 P.S. § 7210.107, PA ST 35 P.S. § 7210.107
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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