September 9, 2002

Charles J. Sludden
Director, Bureau of Occupational & Industrial Safety
PA Department of Labor and Industry
Room 1613 Labor & Industry Building
7th & Forster Streets
Harrisburg, PA 17120

Proposed Rulemaking For Title 34, Labor & Industry Uniform Construction Code Administrative & Enforcement Regulations

Dear Mr. Sludden,

The Board of Directors of the Pennsylvania Association of Code Officials met last week to review the Proposed Rulemaking for Title 34, Labor & Industry Uniform Construction Code Administrative and Enforcement Regulations. We thank you for the opportunity to comment of these proposed rules since they will have a direct impact on the daily operations of the Building Regulations Departments in every Municipality that chooses to enforce the Uniform Construction Code. We have a number of areas that we believe require modifications or further clarification. They are listed below.

General Comments

There are a number of occasions where the code official is referenced. There should be a provision added that allows a designee to perform the duty on behalf of the code official since this is what will typically occur on most occasions.

It appears that you have created a new administrative section of the code to replace Chapter 1 of the IBC. Why create new administrative provisions when Chapter 1 of the IBC already exists and has survived the test of time. Inspectors in Pennsylvania are familiar with these provisions and have played a role in the code changes that have resulted in these provisions over the years.

401.1 Definition of Fire & Panic Act – It was our understanding that the Fire & Panic Act was being repealed. The are a number of references to this Act in the proposed rules. Are portions of this Act remaining in place? If so, are local jurisdictions that choose to enforce the UCC expected to enforce any portion of the Fire & Panic Act?

403.21 a 2 - Adoption of the ICC Electrical Code (ICCEC). The ICCEC includes both administrative standards and code standards. This will be confusing to local inspectors since we have all used the National Electrical Code for many years. If both codes are used, inspectors will have to go to two codes to determine which one applies. We recommend the adoption of only the administrative standards of the ICCEC. This will avoid confusion and allow all inspectors to refer to only one code to determine whether the electrical installation complies with the UCC.

403.23 (a) Family Day Care & Group Child Day Care - This is an example of a provision that refers to the Fire & Panic Act. How are local jurisdictions suppose to enforce the Fire & Panic Act when this information has not been provided to us?

403.26 (a)(1) Does this provision prohibit local jurisdictions from adopting Chapter 1 of the IBC. If not, it should be clarified which provision applies if there is a conflict between IBC Chapter 1 and the UCC regulations.

403.26 (a)(2)(iii) See the ICCEC comments listed above in 403.21.

403.42 (a) and the IBC already provide a section that describes when a permit is required. It is not necessary to list when a permit is not required under Section 403.42 (c). This will only create further confusion. If you decide to leave these provisions in place, the retaining wall provision must be revised (see note below).

403.42 (b) Permit Applications – DCED will be creating permit applications that everyone has to use. Will local jurisdictions be contacted about any additional information that we need on the applications? If not, each community will have to create an addendum. When will this application be available for review by local jurisdictions? This is also referenced in Section 403.62(b).

403.42 (c) (1) (iii) Retaining Walls – Since footings are typically 3’ below grade, a permit will be required for retaining walls more than 1’ above grade. Was this the intention of this provision? If not, this should be spelled out more clearly. This is repeated in Section 403.62 (ii). If these provisions remain, we recommend requiring a permit for any retaining wall more than 4’ above grade or any retaining wall more than 2’ above grade with a surcharge greater than that created by standard backfill.

403.42 (g) This section requires plans be prepared by an architect or engineer for all additions. There are many small one-story additions that do not require the services of an architect or engineer. This is currently left to the determination of the local jurisdiction. Since it is difficult to create standards that are clear and make sense in all cases, we recommend that this provision remain in the jurisdiction of the local authority.

403.43 (c) This section requires the code official to mark the required changes necessary to comply with the code on the plan. This is contrary to all legal advice code officials have received to date. This places us in a position of designer, which creates additional legal liability. Has this legal question been researched by the attorneys that have reviewed these regulations? We recommend that the local jurisdiction prepare a list of code deficiencies that must be sent to the applicant. This notice would inform the applicant to make the necessary corrections to the plan and resubmit for approval.

403.45 (c) A provision should be added requiring a minimum of 24 hours notice for any inspection request.

403.45 (e) (8) We can not issue a final inspection report that includes elevators when we do not have jurisdiction to inspect elevators. This should be a report from the PA Dept of L&I.

403.46 & 403.64 There are different requirements for information required on a Certificate of Occupancy (CO). This should be standardized so the same CO can be used for a residential structure or a commercial structure.

403.47 (a) The code official does not typically authorize a utility connection. This section should require that a permit be obtained prior to a utility connection. The permit would provide the local jurisdiction’s authorization to proceed with the work to connect the utility. This would eliminate any question of jurisdiction on a utility connection.

403.48 (b) Boilers. This section describes when a permit is not required. Local jurisdictions are not familiar with this law. Unless the rules are more specific, this could also be interpreted incorrectly by a contractor who determines that they do not need a permit for a residential boiler (as they define that term).

403.62 Permit Application & Approval. See notes above (403.42 a) relating to when a permit is required.

403.63 (H) The inspector is not provided with the name of the lender or the address for the owner in many applications. We recommend that the final inspection report be provided to the permit holder who is responsible to send it to the lender and/or the property owner.

403.64 (b) (2) The name and address of the property owner is not always made available to the code official.

403.82 (1) There are occasions that no one is on the job site during an inspection. The violations can not be discussed when this occurs. In this situation, the inspector may have to leave a notice posted on the job site.

403.121 Board of Appeals – Section (a) establishes the standards for the Board of Appeals and refers back to section 501 (c) of the Act. Why not place the standards in this section. The current language refers back to the 1999 BOCA Code. Many Municipalities do not have the 1999 BOCA Code since many of us planned to go right from the 1996 BOCA Code to the 2000 IBC when Act 45 was adopted. We recommend that the standards for the appeals board be added to section 403.121.

This provides you with a list of concerns raised by our Board of Directors. We would be happy to meet with any representatives of the Department of Labor & Industry to discuss these comments or provide any additional clarification that may be necessary. Thank you for providing us with the opportunity to review the proposed rules and provide our comments.

Sincerely,

Robert E. Duncan, President
Pennsylvania Association of Code Officials