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§ 7210.104. Application

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. § 7210.104
§ 7210.104. Application
(a) General rule.--This act shall apply to the construction, alteration, repair and occupancy of all buildings in this Commonwealth.
(b) Exclusions.--This act shall not apply to any of the following:
(1) New buildings or renovations to existing buildings for which an application for a building permit has been made to the municipality prior to the effective date of the regulations promulgated under this act.
(2) New buildings or renovations to existing buildings on which a contract for design or construction has been signed prior to the effective date of the regulations promulgated under this act on projects requiring department approval.
(3) Utility and miscellaneous use structures that are accessory to detached one-family dwellings.
(4) Any agricultural building.
(5) Alterations to residential buildings which do not make structural changes or changes to means of egress, except as might be required by ordinances in effect pursuant to section 303(b)(1)1 or adopted pursuant to section 503.2 For purposes of this paragraph, a structural change does not include a minor framing change needed to replace existing windows or doors.
(6) Repairs to residential buildings, except as might be required by ordinances in effect pursuant to section 303(b)(1) or adopted pursuant to section 503.
(6.1) The installation of aluminum siding or vinyl siding onto an existing residential or an existing commercial building, except as might be required by ordinances in effect pursuant to section 3013 or adopted pursuant to section 503.
(7) Any recreational cabin if:
(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 with the municipality either:
(A) an affidavit on a form prescribed by the department attesting to the fact that the cabin meets the definition of a “recreational cabin” in section 103;4 or
(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” as defined in section 103.
(8) Temporary structures which are:
(i) Erected for the purpose of participation in a fair, flea market, arts and crafts festival or other public celebration.
(ii) Less than 1,600 square feet in size.
(iii) Erected for a period of less than 30 days.
(iv) Not a swimming pool, spa or hot tub.
(v) Subject to section 503(a)(2).
(9) No more than one structure per parcel of land which meets all of the following requirements:
(i) The structure is used for the direct, seasonal sale of agricultural commodities.
(ii) The structure is open on at least 25% of the perimeter of the structure when in operation.
(iii) The structure is operated by a producer whose products make up not less than 50% of the agricultural commodities being sold.
(iv) If not located on the producer's property, the structure is erected for less than 180 days of a calendar year.
(v) The structure has an area of not more than 1,000 square feet.
(10) Structures used to load, unload or sort livestock at livestock auction facilities.
(b.1) Continuity of exclusion.--
(1) If a recreational cabin is subject to exclusion under subsection (b)(7), upon transfer of ownership of the recreational cabin, written notice must be provided in the sales agreement and the deed that the recreational cabin:
(i) is exempt from this act;
(ii) may not be in conformance with the Uniform Construction Code; and
(iii) is not subject to municipal regulation.
(2) Failure to comply with the notice requirement under paragraph (1) shall render the sale voidable at the option of the purchaser.
(c) Prior permits and construction.--
(1) Subject to paragraph (2), a construction permit issued under valid construction regulations prior to the effective date of the regulations issued under this act shall remain valid, and the construction of any building or structure may be completed pursuant to and in accordance with the permit.
(2) If the requirements of the permit have not been actively prosecuted within two years of the effective date of the regulations or the period specified by a municipal ordinance, whichever is less, the former permit holder shall be required to acquire a new permit. Where construction of a building or structure commenced before the effective date of the regulations promulgated under this act and a permit was not required at that time, construction may be completed without a permit.
(d) Preemption.--
(1) Except as otherwise provided in this act, construction standards provided by any statute or local ordinance or regulation promulgated or adopted by a board, department, commission, agency of State government or agency of local government shall continue in effect only until the effective date of regulations promulgated under this act, at which time they shall be preempted by regulations promulgated under this act and deemed thereafter to be rescinded.
(2)(i) Except as otherwise provided in this act and as specifically excepted in subparagraph (ii), a homeowners' association or community association shall be preempted from imposing building construction standards or building codes for buildings to be constructed, renovated, altered or modified.
(ii) In municipalities which have not adopted an ordinance for the administration and enforcement of this act, a homeowners' association or community association may adopt by board regulations the Uniform Construction Code or the ICC International One and Two Family Dwelling Code, 1998 Edition. The applicable building code shall constitute the standard governing building structures in the association's community.
(3) Nothing in this act shall preempt any licensure or Federal certification requirements for health care facilities, intermediate care facilities for the mentally retarded or for persons with related conditions or State institutions. This paragraph includes building and life safety code standards set forth in applicable regulations.
(4) Nothing in this act shall limit the ability of the Department of Aging, the Department of Health or the Department of Public Welfare to promulgate or enforce regulations which exceed the requirements of this act.
(e) Municipal regulation.--Nothing in this act shall prohibit a municipality from licensing any persons engaged in construction activities or from establishing work rules or qualifications for such persons.
(f) Application to swimming pools and spas.--
(1) The provisions of this act as they relate to swimming pools and spas shall not be applicable to those constructed or installed prior to the effective date of this act.
(2) All swimming pools and spas constructed or installed after the effective date of this act shall be governed by the requirements of this act, including section 503.

Credits

1999, Nov. 10, P.L. 491, No. 45, § 104. Amended 2004, July 15, P.L. 748, No. 92, § 2, imd. effective; 2006, July 7, P.L. 1052, No. 108, § 1, effective in 60 days [Sept. 5, 2006]; 2007, July 17, P.L. 132, No. 39, § 1, imd. effective; 2017, Oct. 25, P.L. 353, No. 35, § 2, imd. effective.

Footnotes

35 P.S. § 7210.303.
35 P.S. § 7210.503.
35 P.S. § 7210.301.
35 P.S. § 7210.103.
35 P.S. § 7210.104, PA ST 35 P.S. § 7210.104
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
End of Document