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§ 7210.105. Department of Labor and Industry

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: April 9, 2004

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: April 9, 2004
35 P.S. § 7210.105
§ 7210.105. Department of Labor and Industry
(a) Review.--
(1) The department shall with reasonable cause review municipalities, municipal code officials, third-party agencies, construction code officials and code administrators concerning the enforcement and administration of this act, including specifically complaints concerning accessibility requirements.
(2) The department shall make a report to the governing body of the municipality that was the subject of the review. The report shall include recommendations to address any deficiency observed by the department.
(3) The department may require compliance with this act through proceedings in Commonwealth Court.
(b) State-owned buildings.--
(1) The department shall maintain plan and specification review and inspection authority over all State-owned buildings. State-owned buildings shall be subject to regulations promulgated under this act. The department shall notify municipalities of all inspections of State-owned buildings and give municipalities the opportunity to observe the department inspection of such buildings.
(2) Municipalities shall notify the department of all inspection of buildings owned by political subdivisions and give the department the opportunity to observe municipal inspection of such buildings.
(3) The department shall make available to municipalities, upon request, copies of all building plans and plan review documents in the custody of the department for State-owned buildings.
(4) A municipality shall make available to the department, upon request, copies of all building plans and plan review documents in the custody of the municipality for buildings owned by political subdivisions.
(c) Elevators and conveying systems.--
(1) The department shall maintain Statewide administration and inspection authority over ski lifts, inclined passenger lifts and related devices, and elevators, conveying systems and related equipment as defined in section 3002.0 (definitions) of Chapter 30 of the 1999 BOCA National Building Code, Fourteenth Edition.
(2) Notwithstanding Chapters 3 and 5, the department may, subject to the act of June 25, 1982 (P.L. 633, No. 181),1 known as the Regulatory Review Act, by regulation modify the 1999 BOCA National Building Code, Fourteenth Edition, Referenced Standards for elevator construction, repair, maintenance and inspection. The department shall not require reshackling more than once every two years.
(3) Nothing in this section shall be construed to disallow third-party elevator inspections.
(d) Department of Health.--
(1) Health care facilities, intermediate care facilities for the mentally retarded or for persons with related conditions and State institutions shall continue to comply with building codes and standards set forth in the applicable licensure laws and regulations. This paragraph includes the applicable edition of the National Fire Protection Association's Life Safety Code, NFPA No. 101, and the applicable edition of the Guidelines for Construction and Equipment of Hospital and Medical Facilities.
(2) The department may delegate its responsibility for conducting plan reviews and inspections for health care facilities to the Department of Health.
(e) Limitation.--Nothing in this act, the regulations under this act or the administration of the act or the regulations by the department shall contravene the right of builders to freely compete for and perform contracts for construction of commercial buildings in this Commonwealth.

Credits

1999, Nov. 10, P.L. 491, No. 45, § 105.

Footnotes

71 P.S. § 745.1 et seq.
35 P.S. § 7210.105, PA ST 35 P.S. § 7210.105
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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