PENNSYLVANIA ASSOCIATION OF CODE OFFICIALS
QUARTERLY MEETING MINUTES – September 19, 2002
ASTM BUILDING

President Bob Duncan called the meeting to order with Pledge of Allegiance.

ROLL CALL

President: Bob Duncan
Vice President: Lee Milligan
Secretary: Jeff Gentile
Treasurer: Brian Gallagher

Board of Directors:
Calvin Bonenberger, Jr.
Dan Kerr
Bob Loeper

SECRETARY’S REPORT

Two sets of minutes were presented: 3/26/02 and 6/25/02 meetings. PACO members were ask to review each of the meeting minutes.

MOTIONS WERE APPROVED FOR BOTH 3/26/02 AND 6/25/02 MEETING MINUTES.

PRESIDENT’S REPORT

President states that letter of support has been issued to BOCA in support of a code official’s chapter for the Lancaster area. Two current PACO members will lead this new Chapter, and will also maintain their membership with PACO, as well as hold their own meetings to aid in the development of educational programs for inspectors in Lancaster area. PACO has and will continue to offer the new group any assistance necessary.

Review of UCC/Admin Regs:

As a reminder, the 30-day comment period to respond to L&I’s proposed rules will expire on Monday, September 23, 2002. Members may review the 75-page document through both the PACO and L&I websites. It should be noted that the last 20 pages are specific to elevators, with abundant information on L&I. Our Board of Directors met recently to develop a response in the form of a letter to comment on the proposed rules. PACO Board members also attended a public meeting in Plymouth Township to offer both their written and verbal comments to L&I. PACO’s response has been provided to every PACO member .

President reiterated that this is the final opportunity for PACO members to provide feedback to L&I for recommendations/modifications/deletions to the document. After September 23rd, any changes will not be considered by L&I.

Recommendations for changes to UCC/Admin Regs:

• Violation Notices - Code official is responsible to generate the inspection violation notices. The language should be changed from the code official to his/her designee, thus giving an office employee the authority to make decisions and determinations concerning violation notices.
• Section 401.1 Definition of Fire and Panic Act – There should be some reference to jurisdiction for the enforcement of the Fire and Panic Act provisions. Two other suggestions: L&I should take jurisdiction and responsibility or remove any reference to the Fire & Panic Act from the rules.
• Section 403.21.a.2 Adoption of the IEC – Inasmuch as the IEC incorporates both administrative and code provisions, it is suggested that an adoption of the administrative provisions only would clear up any confusion and allow the National Electrical Code provisions to apply for the technical code requirements.
• Section 403.23 (a) Family Daycare and Group Daycare – These provisions reference the Fire and Panic Act. Local officials are not familiar with the Fire & Panic Act provisions. Who will these be enforced by?
• Section 403.26 (a) (1) – Clarification of Chapter 1 of IBC not being part of the Act. Can it be adopted and/or amended by local Municipalities?
• Section 403.42 (a) Permit Requirements – Needs to be more general with flexibility. Specifically, building of retaining wall over four feet, e.g., measured from the three foot footing, with one foot above grade requires permit. We suggested that the ICC permit requirements apply to determine whether a permit is required.
• Section 403.42(b) DCED Permit Application Form – Allows for addendum. We would like input into the development of the permit application.
• Section 403.42 (c)(1)(iii) – References retaining walls. Permits are required when 1 foot above grade. This spec was repeated in Section 403.62 (ii). It is recommended that a permit be required for any retaining wall more than 4 foot above grade.
• Section 403.42 (g) – References plans being prepared by architect/engineer for all additions. Inasmuch as some small additions should not require sealed plans with the goal of attempting to simplify paperwork and reduce costs to homeowner.
• Section 403.43 (c) – References marking plans up to make necessary corrections. Legal advice that we have received from various BOCA seminars is that the municipality is put in a position of designer and taking on additional liability when the plans are marked as suggested by the proposed rules. It is suggested that L&I Solicitors take a look at this section, as well as a prepared list of code deficiencies that must be sent to the applicant.
• Section 403.43 - PennDOT Permit Requirement - Why should this be an obligation of municipality vs. the applicant.
• Section 403.45 (c) Inspection Requirements – Add provision that inspections require a minimum of 24-hours notice.
  • Section 403.45 (e)(8) Final Inspection – Final inspection report must include elevators for inspection requests. Since elevators are still under the jurisdiction of L&I, it was thought that the elevator inspection report should be submitted by L&I, not the local inspector.
• Section 403.46 and 403.64 Certificate of Occupancy Requirements – Establish standards as to what information must go on an occupancy certificate depending on the use of the property. Develop a standardized list that can be applied to any use and any occupancy certificate.
• Section 403.47 (a) Utility Connection – References Code Official authorizing utility connection. It is felt that this section should require a permit with local jurisdiction’s authorization to proceed with the work to connect the utility. Local officials issue permits for installation but do not authorize utility connections.
• Section 403.48 Boilers – References when a permit is required. It is felt that there may be a misinterpretation leading the reader to believe that no permit is required for certain types of boilers that do not come under the jurisdiction of L&I. Clarification is required.
• Section 403.63 (H) – References requirements for the certificate of occupancy, which requires the name of the lender and address of the owner. There are many applications where the owner’s address is not known. It is rare for the local official to know if there is a lender or who the lender is. This information should be a requirement of the permit holder, not the inspector.
• Section 403.64 (b)(2) – References the need for the name of the property owner be made available to the code official.
• Section 403.82 (1) – References obligations when performing inspections for violations. There are many times upon inspection when there is no one at the job site, making it our responsibility to “track people down.” The inspector should be given the option to leave a posted notice at the job site when no one is present.
• Section 403.101 – Establishes the municipal obligation to enforce the ICC. Members are encouraged to take a close look at this Section to be sure that requirements are met as it pertains to meeting deadline in the Rules.
  • Section 403.121 Board of Appeals – Established standards under the Act references 1999 BOCA Code. Municipalities that have not adopted the 1999 BOCA Code may not have a copy of this Code. It is suggested that the specific language in the 1999 BOCA Code be included in the rules to avoid any problems.

REMINDER – The provision for accessory structures that are less than square 500 feet not requiring a permit are still in the Act. In accordance with the Act, when dealing with sheds and one-car garages, you must follow your zoning code, as there will be no permit required. As such, you must set standards in your zoning code by way of permit or certificate.

Questions/Comments from the Floor

Section 403.21.a.2

Regarding 403.21.a.2, electrical provision, comments from the floor indicate that the electrical standard provision can be changed. President indicated that as far as the changes made by BOCA to the ICC administrative regulations, the PACO Board understands the need for the changes. However, it is felt that when the technical changes were made, such as, cabling to high rise buildings, etc., a conflict was created, sending the inspector to the ICC rules to check specific items. The Board feels it is best to go with the NFPA 70 for technical specifications for wiring installations and electrical work, using the administrative standards from the ICC.

It was generally felt that the process was not simplified when the inspector must check with both the ICC and the NFPA 70 regulations for each inspection. Please note that L&I would not have the jurisdiction to change the ICC under Act 45, as L&I cannot arbitrarily eliminate standards. However, the Board felt strongly enough about this situation to give L&I feedback.

The President reiterated that for those members who have comments, concerns or questions regarding the UCC/Admin Regs, the deadline is Monday, September 23, 2002.

Accessory Structures Permitted by Zoning Code

Regarding the permitting and regulating of accessory buildings (sheds and garages) of less than 500 feet through building code, there may be some confusion for the smaller communities. President reiterated that zoning code requirements only will apply along with site plan for zoning review. It is suggested that the accessory buildings be permitted via a type of zoning certificate or permit in order to control set-back requirements as there will be no review of construction plans.

The question was raised whether each municipality would be taking on a liability by issuing zoning certificates for accessory structures of less than 500 feet. It was stated that the liability would be eliminated with the issuance of the zoning certificate/permit as well as the certificates of use and occupancy. It was suggested that another method would be to issue categories of uses and occupancies, i.e., code compliance certificate of occupancy, zoning compliance certificate of occupancy, just to separate from building permit occupancies. President urged all to keep their solicitor advised, as he/she is an important resource. Mr. Gentile differentiated between a single family detached dwelling as opposed to single family rows and twins, stating that for single family detached dwellings in certain zoning districts in his Township homeowners won’t need a permit for an accessory structure. However, rows and twins will need a building permit for accessory structures.

Mr. Kavadias states that an accessory structure is a structure that is incidental to the main use, e.g., residential, commercial, warehouse, whereas a deck is an extension of the living use of the home. Much discussion ensued regarding the subject of accessory structures and decks.

Section 403.47

Question from the floor was raised regarding Section 403.47.

TREASURER’S REPORT
See Treasurer’s report handout.

Balance for third quarter 6/24/02 is $xx,xxx.xx. Deposits through 9/15/02 were $x,xxx.
Expenses were $x,xxx.xx. E-bank CD’s are valued at $x,xxxx.xx. Check book balance on 9/16/02 was $xx,xxx.xx. For a total value of $xx,xxx.xx.

MOTION APPROVED.

MEMBERSHIP REPORT

We have 13 new members which puts total membership over 200 for 2002.

President thanked the membership for getting word out so that membership is increasing.

EDUCATION REPORT

Mr. Milligan stated that the following classes will be held:

• Mapping and Data Retrieval Program will be held at the end of this meeting, using the GIS systems and document digitalization and retrieval for the management of records.
• Concrete Inspection Seminar is on 10/10/02 in the afternoon at the Hampton Inn in Oaks.
• International Energy Code Seminar is on Thursday, 9/26/02, conducted by the Philadelphia Housing Research Center.
• Testing on the International Energy Code as it relates to residential construction will be held on Friday, 9/27/02. NOTE: Lee reminded the members that all inspectors will be required to take this test as part of maintaining certification.
• Permit Clerk Training Program will held on 10/23/02 at the Whitemarsh Township Building. NOTE: Registration forms are available in the rear of the room. It is our policy that registrants will be charged member rates for those who are apart of the PACO committee.
• Thermofiber Program will be held at next quarterly meeting, 12/12/02, for the installation and inspection with the focus on commercial properties.

We are putting together the committee for next year’s Spring Forum to be held in April and forms will soon be available for volunteers. Meetings will begin in December. We hope to have another golf outing. It is also hoped that testing for the Chapter 1 CBO can be offered at the Spring Forum for those who need to maintain their certification.

The question was raised from the floor on what the format for building permit from L&I will be. Mr. Milligan stated that the form should be an addendum to a municipality’s building permit.

The question was raised from the floor as to the third party testing with the State for certification. Multiple certifications will continue to be very important.

PHRC is offering a moisture control workshop on both moisture control and mold problems in Harrisburg area on 10/15/02. PHRC is doing fine work in this area, as well as Penn State which has a set of models for testing. If anyone is interested please see Mr. Milligan for further information.

BOCA conference in Dallas, TX, will begin on 9/29/02 through 10/4/02.

ICC Code Review Committee: three members have signed up for this: Kevin Pezzano from Plymouth Township, Glenn Holt from West Chester Boro and Dan Elliott from Warrington Township.

The implementation of UCC was discussed. The question was raised as to when 1996 BOCA Code would be phased out and the new ICC Code would apply. Once a date for the use of the new code has been set, municipalities have 180 days to adopt from the effective date set by the State.

PHRC – Brian Gallagher and Jeff Gentile were appointed to Advisory Council, which helps to develop policy. PACO is a participating member.

OLD BUSINESS

No old business.

NEW BUSINESS

By-Law Changes

Due to the huge amount of changes with the UCC, the PACO Board of Directors would like to increase the Board of Directors from three to five positions. Look for notification at the next mailing, and will be effective at the March annual meeting and elections. If a member is interested in becoming a member of the Board of Directors, please submit nominations to Todd Meltsch.

Registration with L&I

Registration with L&I can be done now, and many municipalities have done so. There is no obligation to register now, however, eventually everyone will need to be registered.

Stan Altzman, Code Inspections, Inc.

Stan Altzman of Code Inspections Inc. requests that PACO members help in updating his company’s municipal address book.

Donation to Scholarship

PACO will donate $100 in the name of Bill Tangue to a scholarship fund via Todd Meltsch..

MOTION TO DONATE $100 TO SCHOLARSHIP FUND IN BILL TANGUE’S NAME WAS APPROVED.

Code Book Orders

We now have received approximately $750 in International Plumbing Codebook orders from local plumbers.

PACO Service Award

Service award nomination application forms are on the website.

Bulk Propane Storage Facility Act

This Act was just passed by State. The question was raised if this Act regulates residential propane vendors who would use this Act to avoid permitting from local jurisdiction.

CLOSING

There being no further business, the business part of this meeting was adjourned.

Respectfully submitted,

JEFFREY N. GENTILE
SECRETARY