News & Issues: Issue Summaries

Pennsylvania Uniform Construction Code

Issue Summary Background:

In the 1990s there was a concerted effort by the Pennsylvania Builders Association to provide consistency among local building codes by advocating the enactment of a statewide building code. Prompting their lobbying efforts was the overall lack of uniformity; excessive codes in some municipalities, versus the lack of codes in others; and poorly trained inspectors.

In 1999, the Pennsylvania General Assembly enacted legislation mandating that all municipalities adopt a building code specified by the Department of Labor and Industry. After taking several years to adopt implementing regulations, the Pennsylvania Department of Labor and Industry adopted final rules, with an effective date of April 9, 2004. After April 9, municipalities had 120 days to determine whether to enforce the building code themselves, or opt for an alternative enforcement mechanism.

Key elements of the statute and regulations include:

• Establishes the 2003 International Building Code (IBC) and 2003 International Residential Code (IRC) as the Uniform Construction Code for all municipalities;
• Local governments that adopted a building code that exceeds the 2003 IBC, prior to 1999, can retain these codes, but otherwise;
• Municipalities can exceed the 2003 IBC only if they apply for a special exemption to the Department of Labor and Industry; and
• Local inspectors must meet certain educational and experience requirements.

Impact on REALTORS®:

In general, the International Building Code (IBC) and International Residential Code (IRC) apply to the renovation, alteration, construction and repair of buildings. As a result property owners and REALTORS® should know that:

• Construction, renovations, additions, alterations and repairs can fall under this Act, potentially driving up the cost of (or even ability to perform) certain projects.
• We are aware that a few municipalities have interpreted the UCC as requiring the enforcement of the National Fire Protection Act (NFPA) standards, which call for a Level II chimney, fireplace, vent, and solid fuel inspection upon the transfer of any property. While the REALTORS® Legislative Alliance has questions about the validity of enforcing these requirements under the auspices of the Uniform Construction Code, we are providing information about the impact of its enforcement for the benefit of our members and their clients.

According to the NFPA standards, a Level II inspection “shall include all accessible portions of the chimney exterior and interior, including areas within accessible attics, crawl spaces, and basements, and accessible portions of the appliance and chimney connection. (It) shall also include inspection by video scanning or other means of inspection.”

The standards also reference the use of qualified and/or “certified” agencies. One municipality has interpreted this section to include only those agencies which have been certified by their Guild or National Certification Agency, while another will allow inspections by chimney inspectors who are registered with the Township.

To date, we have been advised of two local governments, Middletown Township (Bucks County), and Morrisville Borough (Bucks County), that are enforcing the Level II inspection requirement. To help you identify which inspectors are “certified” by their organization, we have included links to two separate organizations that maintain lists of certified inspectors:

http://www.ncsg.org
http://www.f-i-r-e-service.com

• In addition to the fire code inspections, we continue to field a number of calls about the impact of the UCC on finished/unfinished basements – specifically with respect to the emergency egress requirements. While properly permitted basements would not need to be retrofitted to meet the 2003 International Residential Code requirements, a great deal of confusion exists regarding the impact on owners with non-permitted, finished basements, and residents who wish to finish their basements in the future.

Because each municipality maintained different codes for finishing basements prior to the implementation of the UCC, local government enforcement policies against non-permitted finished basements will vary.

We have been advised that some municipalities are requiring the basement be retrofitted to meet the emergency egress requirements as a condition of resale. Other municipalities will require the owner to obtain a permit for the work already completed, and then grandfather that work in. If a municipality does not conduct a point of sale inspection, it is unlikely this issue will be enforced by the local government.

Finally, for homeowners who are looking to finish their basements now or into the future, we have received the following guidance from the Department of Labor and Industry:

UCC implementation Update #31

Confusion still exists regarding one of the major changes to the UCC made by Act 92 of 2004, the exemption of residential alterations.

The General Assembly exempted from UCC permits (and inspections) all alterations to residential buildings not making structural changes or changes to the means of egress.

The greatest confusion seems to exist in the case of a residential basement alteration. If this work involves finishing the basement for sleeping rooms or recreational or other uses, no permit would be required if structural changes are not made and if the existing means of egress (the stairway to the first floor) is not altered.

Since no UCC requirements apply to this work, obviously, the means of emergency escape and rescue opening requirement (found in R310) cannot be imposed.

That above guidance noted, the amendments to the Uniform Construction Code also authorize municipalities to adopt ordinances providing for the regulation of alterations and repairs. Once a municipality adopts such an ordinance, homeowners may need to comply with the requirements of the 2003 International Residential Code in order to finish their basement.

• Because of the confusion and inconsistency in enforcement among municipalities, we strongly recommend consumers consult with their local building code official prior to making any substantive alteration or repair to their property.
• Certain mechanical, plumbing, and electric installation and/or repairs that did not require a permit in the past may now require one.
• Effective February 1, 2004, the Department of Labor and Industry ceased its process of same day approvals for commercial designs and build-outs. This could cause delays in commercial development approvals and build-outs.

Other Resources:

A complete copy of the statute can be found at the following web address: http://www.dli.state.pa.us/landi/lib/landi/laws-regulations/bois/a-45.pdf

A complete copy of the implementing regulations, including what types of activities have been exempt from permit requirements (subject to local code requirements): http://www.dli.state.pa.us/landi/cwp/view.asp?a=310&q=211711

Status:

The Suburban REALTORS® Alliance has sent a survey to all 238 municipalities in the four county area to determine how they will enforce the UCC, with a particular emphasis on Level II inspections and enforcement policies against non-permitted uses/structures as part of a use and occupancy inspection.

Responses will be posted in the municipal information section. Questions about this issue can be directed to the Suburban REALTORS® Alliance staff at 610/981-9000, or sra@suburbanrealtorsalliance.com.