ACT 93 CHANGES TO THE UCC

On Thursday, July 15, Governor Edward G. Rendell signed SB 1139 into law, making a number of changes to the Uniform Construction Code. SB 1139, now known as Act 93, takes effect immediately. With these changes there is important information you will need to know.

• For starters, there are two provisions in the Act, which a municipality cannot change or amend, and that is the recreational cabins exclusion and the requirement for battery operated smoke detectors in one or two family dwellings when alterations, repairs or additions are made. The recreational cabin must be used for noncommercial purposes and mandates that these types of cabins be equipped with smoke detectors and carbon monoxide detectors. As for alterations, repairs and additions for one and two family dwellings it excludes section R313.1.1 of the 2003 International Residential Code. This means that a structure will not be required to have interconnected and hard wire smoke detectors as stated in section R313.1.1, but it shall have battery-operated smoke detectors.
• Now for the provisions which can be altered or amended. The first is the residential alterations not involving structural or egress changes. A municipality can require a permit if they had a permit requirement for this work in place as of July 1, 1999 or if they enact a change ordinance in compliance with the UCC section 503 (b) thru (k) of Act 45.
• As for the carports, garages, greenhouses and sheds, which are less than a 1,000 square feet and are accessory to a detached one family dwelling, a municipality can make an amendment to this provision. The previous exclusion was 500 square feet, and now a municipality may enact an ordinance to require permits for this work by meeting the requirements of section 503 (b) thru (k) of Act 45. Something to keep in mind is in the 2003 IRC section R403.1.4.1 under the exceptions, requires any freestanding accessory structure with an area of 400 square feet or less and an eave height of 10 feet or less shall not to have a footing protected from frost.
• Another provision, which can be altered, is under section 901 of Act 45 that excluded the International Fire Code restriction for natural cut trees (Christmas trees) in certain occupancy groups. A municipality can now enact an ordinance restricting the placement of natural cut trees in any occupancy group without meeting the requirements of section 503 (b) thru (k).
• The Department of L&I may consider work experience in waiving certification requirements, however the department of L&I plans to make no change to the requirements found in Chapter 401 of the UCC regulations.
• This act also allows code administrators to act in place of a lumber grading or inspection agency for lumber used in commercial buildings. The PACO Board of Directors does not see why a code official will want to assume responsibility for lumber grading, but the option is up to the Code Administrator.

The PACO Board of directors strongly recommends that you discuss any proposed amendment to the UCC with you municipal solicitor.

For more information on ACT 93 please go to the L&I website which is available thru the PACO web site links page.