§ 7210.902. Applicability to certain buildings
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: December 26, 2017
Effective: December 26, 2017
35 P.S. § 7210.902
§ 7210.902. Applicability to certain buildings
(a) Historic buildings, structures and sites.--The provisions of the 1999 BOCA National Building Code, Fourteenth Edition, relating to the construction, repair, alteration, addition, restoration and movement of structures shall not apply to existing buildings and structures, or new buildings and structures not intended for residential use on historic sites, that are identified and classified by the Federal, State or local government authority as historic buildings or sites where such buildings and structures are judged by the code official to be safe and in the interest of public health, safety and welfare.
(1) The department shall issue a certificate of occupancy to an uncertified building if that building meets the requirements of this subsection, unless the department deems the building to be unsafe because of inadequate means of egress, inadequate light and ventilation, fire hazards or other dangers to human life or to public welfare.
(i) Maximum story height, minimum allowable construction type based on floor area, vertical opening and shaft protection, means of egress requirements of the International Building Code 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. Waivers shall be as follows:
(II) the building owner demonstrates that the building met the applicable egress requirements which existed under the act of April 27, 1927 (P.L. 465, No. 299),1 referred to as the Fire and Panic Act.
(ii) Fire safety requirements of the International Building Code with respect to fire alarms, fire extinguishers, heat and smoke detectors, automatic sprinkler systems and occupancy and incidental use separations. If the code requires that a building have automatic sprinkler systems, the only buildings required to install automatic sprinkler systems shall be those buildings classified in use groups E (educational), H (high-hazard), I (institutional), R-1 or R-2 (residential) and those buildings which have 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 located in all lobbies, corridors, equipment rooms, storage rooms and other spaces that are not normally occupied. If construction began on a building prior to May 19, 1984, there is no requirement for the installation of automatic sprinkler systems under this subparagraph. If construction of a building began after May 18, 1984, automatic sprinkler installation required under this subparagraph shall be completed within five years of the effective date of this subsection, or an occupancy permit issued under this subsection shall be invalid. Waivers shall be as follows:
(B) If construction of a building began after August 31, 1965, and before February 18, 1989, and if the building was subject to the requirements of the former act of September 1, 1965 (P.L. 459, No. 235), entitled “An act requiring that certain buildings and facilities adhere to certain principles, standards and specifications to make the same accessible to and usable by persons with physical handicaps, and providing for enforcement,” it shall have:
(3) Structural requirements shall not be imposed unless the department determines that the building or a portion of the building has defects which are dangerous as defined in the International Existing Building Code. The department may impose only those requirements minimally necessary to remove any danger to the building's occupants.
(4) A building owner may file an application for a variance from this subsection concerning accessibility with the advisory board under section 106.2 A building owner may file an application for a variance from this subsection concerning other standards. The application must be filed with the Industrial Board if any of the following apply:
(ii) The building is a State-owned building. As used in this subparagraph, the term “State-owned building” means a building owned or constructed for Commonwealth entities consisting of the General Assembly, the Unified Judicial System, the Pennsylvania Higher Education Assistance Agency, an executive agency, an independent agency, and a State-affiliated entity or State-related institution, as defined in 62 Pa.C.S. § 103 (relating to definitions).
(1) A construction code official shall issue a certificate of occupancy to an uncertified building if it meets the requirements of subsection (b) or the latest adopted version of the International Existing Building Code. The construction code official shall utilize the code that, in his professional judgment, he deems to best apply.
Credits
1999, Nov. 10, P.L. 491, No. 45, § 902. Amended 2005, Dec. 22, P.L. 478, No. 95, § 2, imd. effective; 2017, Oct. 25, P.L. 356, No. 36, § 6, effective in 60 days [Dec. 26, 2017].
35 P.S. § 7210.902, PA ST 35 P.S. § 7210.902
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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