In 1999 the Pennsylvania General Assembly enacted the Pennsylvania Construction Code Act, which established the first Uniform Construction Code (UCC) across the Commonwealth. Because of delays in drafting regulations to implement the Uniform Construction Code, the provisions of the Act did not become fully effective until 2004. In response to consumer concerns about the provisions of the Act, Governor Rendell signed into law a number of changes to the UCC on July 15, 2004.
Although it is called the "Uniform" Construction Code, the law is truly not uniform in its application across Pennsylvania. There are over 2,500 municipal entities in Pennsylvania. According to the PA Department of Labor and Industry, about 1,000 had code enforcement ordinances prior to the passage of the UCC, some of which are still in effect if they were stricter than UCC requirements. Further, all municipalities are permitted to enact new ordinances with stricter requirements by going through a review and hearing process. There is currently no single source where all local ordinances are collected. Practitioners are urged to check with local municipalities for specific information about codes enforcement in your area. Clients with code-related questions (e.g., "can I do this to the property after I move in?") should be referred to the appropriate municipality as well.
Due to the recent changes to the Act, there will almost certainly be changes to the relevant Regulations adopted by the Department of Labor & Industry, and there may be changes to code ordinances enacted in many municipalities. Check back for developments as we are made aware of them.
Pennsylvania Construction Code Act -- Uniform Construction Code (UCC)
Includes changes enacted in July, 2004. To see the bill that includes only the changes (not the full text of the Act), click here.
Uniform Construction Code Regulations
NOTE: These regulations DO NOT reflect changes to the UCC enacted in July 2004. The Department of Labor and Industry will need to change portions of the regulations to comply with the new law. Updated regulations will be posted when they are available.
Department of Labor and Industry Building Codes Page
L&I is the Department with primary oversight over UCC issues. Their Building Codes Web page has extensive resources, and a great deal relevant information. Among other things, the site contains lists of approved third party inspectors, lists of those municipalities that have "opted-out" of enforcing the UCC through local enforcement officers, a list of Departmental contacts and a form for filing complaints about the actions of codes enforcement officers.
Labor & Industry Update on Finished Basements
One of the major amendments to the original Act specifically exempts "repairs" and "alterations" from the scope of the Uniform Construction Code. This has raised a question as to whether finishing a basement falls into the category of an "alteration" and is thus exempt from the Code provisions that might otherwise apply. This L&I update issued in September, 2004, provides information on this subject (See item #3 on the list).
Department of Community & Economic Development -- Governor's Center for Local Government Services
DCED has been assigned the responsibility to provide technical assistance to local municipalities regarding the adoption and implementation of the Uniform Construction Code. This page also has a link to Local Governments Online -- a service of DCED that provides links to all local governments that have provided Web sites to DCED -- as well as to other various Municipal Services, including contact information for municipal officials.