View Document - Unofficial Purdon's Pennsylvania Statutes from Westlaw

Home Table of Contents

§ 7210.901. Exemptions

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: January 3, 2023

Purdon's Pennsylvania Statutes and Consolidated Statutes

Title 35 P.S. Health and Safety (Refs & Annos)

Chapter 40A. Construction Code Act (Refs & Annos)

Chapter 9. Exemptions, Applicability and Penalties

Effective: January 3, 2023

35 P.S. § 7210.901

§ 7210.901. Exemptions

Currentness

(a) Manufactured housing.--This act shall not apply to manufactured housing which bears a label, as required by and referred to in the act of November 17, 1982 (P.L. 676, No. 192),¹ known as the Manufactured Housing Construction and Safety Standards Authorization Act, which certifies that it conforms to Federal construction and safety standards adopted under the Housing and Community Development Act of 1974 (Public Law 93-383, 88 Stat. 633),² nor shall it apply to industrialized housing, as defined in the act of May 11, 1972 (P.L. 286, No. 70),³ known as the Industrialized Housing Act, with the exception that any model code enacted pursuant to the Industrialized Housing Act shall not include code provisions specifically omitted from adoption pursuant to this act.

(b) Religious beliefs.--

(1) An applicant for a construction permit for a dwelling unit or one-room schoolhouse utilized by a member or members of a recognized religious sect may file an application with a code administrator to be exempted from the Uniform Construction Code, as provided in this subsection, which conflicts with the applicant's religious beliefs. The application shall state the manner in which the provision conflicts with the applicant's religious beliefs and shall include an affidavit by the applicant stating that:

(i) the applicant is a member of a recognized religious sect;

(ii) the religious sect has established tenets or teachings which conflict with:

(A) an electrical provision of the Uniform Construction Code;

(B) a lumber or wood provision, not relating to pressure treatment, of the Uniform Construction Code; or

(iii) the applicant adheres to the established tenets or teachings of the sect;

(iv) in the case of a dwelling unit, the dwelling unit will be used solely as a residence for the applicant and the applicant's household; and

(v) in the case of a one-room schoolhouse, the one-room schoolhouse will be used solely by members of the religious sect.

(2) A code administrator shall grant an application for an exemption if made in accordance with paragraph (1).

(3) If an applicant receives an exemption for any building under this subsection 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 under this subsection prior to the sale or lease of the building unless the prospective subsequent owner or lessee files an affidavit in compliance with paragraph (1)(i) through (iv).

(c) Natural cut trees.--Section 804.1.1 (relating to natural cut trees) of the International Fire Code (2003) and any successor provision is excluded from this act. A municipality that elects to adopt an ordinance for the administration and enforcement of this act may, by ordinance, restrict the placement of natural cut trees in an occupancy group. The ordinance restricting the placement shall not be subject to section 503(b) through (k).⁴

(d) Coal-fired boilers in residential buildings.--Coal-fired boilers installed in residential buildings shall be designed, constructed and tested in accordance with the requirements of Chapter 20, Section M2001.1.1 of the International Residential Code of 2003, or its successor provisions, except that these boilers shall not be subject to the stamping requirements of Section M2001.1.1.

(e) Pole barns at agricultural fairs.--Neither this act nor any adoption of the International Fire Code by a Commonwealth agency, a political subdivision or a local agency shall apply to a pole barn that is constructed on agricultural fairgrounds and is only used for agricultural purposes and animal display. This section shall not apply to inspections required pursuant to the ICC Electrical Code or its successor codes.

(f) Log walls.--Log walls with a minimum average wall thickness of five inches or greater which comply with the International Code Council, Standard on the Design and Construction of Log Structures, ICC 400-2007, or other successor standard which the department may specify by regulation, shall be permitted in residential buildings if:

(1) the area weighted average U-factor for fenestration products in the log walls is a maximum of 0.31; and

(2)(i) the building heating equipment meets or exceeds the following Department of Energy ratings:

(A) Gas furnace--90 annual fuel utilization efficiency (AFUE).

(B) Oil furnace--85 annual fuel utilization efficiency (AFUE).

(D) Air source heat pumps--8.2 heating seasonal performance factor (HSPF) split systems.

(E) For water-to-air geothermal heat pumps:

(I) Closed loop water-to-air, an energy efficiency rating of 14.1 and coefficient of performance of 3.3.

(II) Open loop water-to-air, an energy efficiency rating of 16.2 and coefficient of performance of 3.6.

(F) For water-to-water geothermal heat pumps:

(I) Closed loop water-to-water, an energy efficiency rating of 15.1 and coefficient of performance of 3.0.

(II) Open loop water-to-water, an energy efficiency rating of 19.1 and coefficient of performance of 3.4.

(G) For direct geothermal exchange, an energy efficiency rating of 15.0 and coefficient of performance of 3.5; or

(ii) the building heating equipment is qualified under the Energy Star program jointly operated by the Department of Energy and the Environmental Protection Agency as provided for in 10 CFR Pt. 430 (relating to energy conservation program for consumer products); and

(iii) all energy efficiency requirements of this act applicable to components other than log walls are met.

(g) Automatic fire sprinkler systems in one-family and two-family dwellings.--

(1) Section R313.2 (relating to one- and two-family dwellings automatic fire sprinkler systems) of the International Residential Code (2009 edition), and any successor triennial revisions, is excluded from this act and shall not be part of Chapter 3.

(2) A builder of a one-family or two-family dwelling subject to the International Residential Code shall, at or before the time of entering into the purchase contract, do all of the following:

(i) Offer to a buyer the option to install or equip, at the buyer's expense, an automatic fire sprinkler system in the building or dwelling unit designed and installed in accordance with the provisions of section R313.2.1 (relating to design and installation) of the International Residential Code (2009 edition).

(ii) Provide the buyer with information which explains the initial and ongoing cost of installing and equipping an automatic fire sprinkler system in the building or dwelling unit.

(iii) Provide the buyer with information, as made available by the State Fire Commissioner on the agency's Internet website, on the possible benefits of installing an automatic sprinkler system.

(h) Fire protection of floors.--

(1) Except as set forth in paragraph (2), a floor assembly not required in the International Residential Code, or its successor building code, to be fire-resistance rated shall be provided with a ½ -inch gypsum wallboard membrane, ⅝ -inch wood structural panel membrane, or equivalent, on the underside of the floor framing member.

(2) Paragraph (1) shall not apply to any of the following:

(i) A floor assembly located directly over a space protected by an automatic sprinkler system in accordance with section P2904, NFPA13D or other equivalent sprinkler system approved by a municipal code official.

(ii) A floor assembly located directly over a crawl space not intended for storage or fuel fired appliances.

(iii) A portion of a floor assembly which complies with all of the following:

(A) The aggregate area of the unprotected portions shall not exceed 80 square feet per story.

(B) Fire blocking in accordance with section R302.11.1 shall be installed along the perimeter of the unprotected portion to separate the unprotected portion from the remainder of the floor assembly.

(iv) A wood floor assembly using dimension lumber or structural composite lumber equal to or greater than two inch by ten inch nominal dimension or a floor assembly approved by a municipal code official demonstrating equivalent fire performance.

(i) Wall bracing requirements.--Sections R602.10 through R602.12.1.6 of the 2009 International Residential Code, or its successor provisions, are excluded from the Uniform Construction Code. The wall bracing requirements of sections R602.10 through R602.11.3 of the 2006 International Residential Code shall be part of the Uniform Construction Code.

(j) Refrigerants.--

(1) If a provision of the Uniform Construction Code or related technical standards prohibit the use of a refrigerant that is authorized in accordance with section 612 of the Clean Air Act (69 Stat. 322, 42 U.S.C. § 7671k), the refrigerant may be used if:

(i) the refrigerant is permitted for the applicable use conditions by the United States Environmental Protection Agency; and

(ii) the equipment containing the refrigerant is listed and installed in accordance with the applicable use conditions imposed in accordance with section 612 of the Clean Air Act.

(2) This subsection shall expire upon the effective date of the final-omitted regulation promulgated by the department under section 304(a)(1)⁵ to adopt the council's report following its review of the 2024 model codes developed by the International Code Council.

Credits

1999, Nov. 10, P.L. 491, No. 45, § 901. Amended 2001, June 22, P.L. 585, No. 43, § 1; 2004, July 15, P.L. 748, No. 92, § 6, imd. effective; 2006, July 7, P.L. 1052, No. 108, § 2, effective in 60 days [Sept. 5, 2006]; 2006, Nov. 29, P.L. 1440, No. 157, § 7, effective Jan. 1, 2007; 2007, July 17, P.L. 132, No. 39, § 2, imd. effective; 2011, April 25, P.L. 1, No. 1, § 3; 2022, Nov. 3, P.L. 1932, No. 123, § 1, effective in 60 days [Jan. 3, 2023].

Footnotes

35 P.S. § 1656.1 et seq.

42 U.S.C.A. § 5301 et seq.

35 P.S. § 1651.1 et seq.

35 P.S. § 7210.503.

35 P.S. § 7210.304.

35 P.S. § 7210.901, PA ST 35 P.S. § 7210.901

Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.

End of Document