An Act amending the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act, in preliminary provisions, further providing for definitions and for Accessibility Advisory Board; in Unifor, the official text

PRINTER'S NO.  968
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
867
Session of
2025
INTRODUCED BY TARTAGLIONE, ROBINSON, KANE, HAYWOOD, KEARNEY,
SAVAL, CAPPELLETTI AND COSTA, JUNE 18, 2025
REFERRED TO LABOR AND INDUSTRY, JUNE 18, 2025
AN ACT
Amending the act of November 10, 1999 (P.L.491, No.45), entitled
"An act establishing a uniform construction code; imposing
powers and duties on municipalities and the Department of
Labor and Industry; providing for enforcement; imposing
penalties; and making repeals," in preliminary provisions,
further providing for definitions and for Accessibility
Advisory Board; in Uniform Construction Code, further
providing for adoption by regulations and for revised or
successor codes; in training and certification of inspectors,
further providing for education and training programs; and
establishing the Accessibility Advisory Board Administration
Account.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1.  Section 103 of the act of November 10, 1999
(P.L.491, No.45), known as the Pennsylvania Construction Code
Act, is amended by adding definitions to read:
Section 103.  Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Accessibility code."  Any collective codes relating to
accessibility and their referenced standards.
* * *
"Updated accessibility code sections."  Any sections of the
newest editions of the ICC accessibility codes subject to review
by the advisory board under section 106(d) that are different
from, added to or deleted from the immediately preceding
editions of the ICC codes.
* * *
Section 2.  Section 106(a)(1) of the act is amended, the
subsection is amended by adding a paragraph and the section is
amended by adding a subsection to read:
Section 106.  Accessibility Advisory Board.
(a)  Creation and composition.--
(1)  There is hereby created an Accessibility Advisory
Board which shall be composed of 11 members, seven of which
shall be appointed by the secretary. At least six members of
the advisory board shall be public members, three of whom
shall be persons with physical disabilities, one shall be an
architect registered in Pennsylvania, one shall be a member
of the business community, and one shall be a representative
of the multifamily housing industry. One member shall be a
municipal official. The chairman and minority chairman of the
[Labor and Industry Committee of the Senate and the chairman
and minority chairman of the Labor Relations Committee of the
House of Representatives,] standing committees of the Senate
and the House of Representatives having jurisdiction under
the act    of June 25, 1982 (P.L.633, No.181), known as the
Regulatory Review Act, to review Uniform Construction Code
regulations, or their designees, shall be members. All
members of the advisory board, except the members of the
General Assembly, shall serve for a term of [two] four years
and until their successors are appointed.
* * *
(5)  Any member absent from three consecutive voting
meetings may be dismissed and the vacancy shall be filled in
the same manner as the appointment of the absent member,
unless the secretary, upon written request from the member,
finds the member should be excused from a meeting because of
illness, the death of a family member, military service or
another legitimate reason acceptable to the secretary.
* * *
(d)  Review of accessibility code.--The advisory board shall
review the accessibility code and submit a report to the
secretary with sections of the accessibility code that are
specified for adoption or modification. The review process shall
be conducted as follows:
(1)  The advisory board shall commence review of the
updated accessibility code sections 21 months following the
publication of a new edition of the ICC codes, beginning with
the 2024 ICC codes.
(2)  Each updated accessibility code section subject to
review shall be examined by applying all of the following
criteria:
(i)  The impact that the section may have upon the
health, safety and welfare of the public, particularly
individuals with disabilities.
(ii)  The economic and financial impact of the
section, including the impact on the end consumer.
(iii)  The technical feasibility of the section.
(3)  The advisory board shall review the updated
accessibility code sections as follows:
(i)  A 120-day period to receive comments from the
general public shall commence within 30 days of the
advisory board's review under paragraph (1). The
department shall transmit notice of the initiation of the
public comment period to the Legislative Reference Bureau
for publication in the next available issue of the
Pennsylvania Bulletin and shall post notice on the
publicly accessible Internet website of the department.
(ii)  All public comments shall be submitted on a
form created by the advisory board. Each comment shall
relate to a single updated accessibility code section.
The comment shall, at a minimum, specify the updated
accessibility code section to which the comment relates,
state whether the updated section shall be adopted,
rejected or modified and specify the rationale for the
recommended action based on the criteria specified in
paragraph (2). A proposed modification shall meet or
exceed the standards of the section in effect or being
reviewed and the proposed modification shall be within
the standards under review.
(iii)  All public comments submitted in accordance
with subparagraph (ii) shall be published in accordance
with subparagraph (i).
(iv)  After the conclusion of the public comment
period specified in subparagraph (i), the advisory board
shall hold one or more in-person or virtual public
hearings to receive additional public comment.
(v)  The advisory board shall hold one or more
official meetings to decide whether to adopt, reject or
modify the updated accessibility code sections in
accordance with the following:
(A)  Updated accessibility code sections that did
not receive public comment to reject or modify shall
be adopted by a majority vote of advisory board
members. The advisory board may consider updated
accessibility code sections in a single vote.
(B)  Updated accessibility code sections that
received public comment to reject or modify shall be
voted on individually and shall require a vote of at
least seven advisory board members for adoption or
modification.
(vi)  The advisory board shall submit a report to the
secretary within 24 months of the commencement of the
review process by the advisory board with sections of the
updated accessibility codes that are specified for
adoption or modification.
Section 3.  Sections 301(a)(4), 304(a)(3) and (a.1) and
703(b), (c) and (d)(2) of the act are amended to read:
Section 301.  Adoption by regulations.
(a)  Regulations.--
* * *
(4)  The secretary shall consider the recommendations of
the advisory board as provided in section 106(c). [The
department shall consider the comments of the advisory board
with respect to accessibility issues in any proposed
regulations.]
* * *
Section 304.  Revised or successor codes.
(a)  Duties of department.--
* * *
(3)  [The department shall promulgate regulations
updating accessibility standards under Chapter 3 by adopting
by December 31 of the year of issuance of the accessibility
provisions of the most recently published edition of the ICC
codes and any other accessibility requirements which shall be
specified in the regulations, or contained in or referenced
by the Uniform Construction Code relating to persons with
disabilities.] Within nine months of the report under section
106(d)(3)(vi), the department shall promulgate final-omitted
regulations under the    act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act,    to adopt the advisory
board's decisions contained in the report without change. The
regulations shall take effect 33 months after the
commencement of the advisory board review as provided in
section 106(d)(1).
* * *
(a.1)  Continuity.--If an updated section is not adopted or
modified under section 106 or 108, the relevant provisions of
the existing sections shall remain in effect.
* * *
Section 703.  Education and training programs.
* * *
(b)  Accounts.--There are hereby established within the State
Treasury [three] four restricted accounts which shall be known
as the Municipal Code Official Training Account, the Review and
Advisory Council Administration Account, the Accessibility
Advisory Board Administration Account and the Construction
Contractor Training Account.
(c)  Deposit.--
(1)  The fee collected as authorized under subsection (a)
shall be transmitted quarterly to the State Treasury and
shall be divided and deposited in the accounts established in
subsection (b) as follows:
(i)  Forty-three and one-half percent of the fee
shall be deposited in the Municipal Code Official
Training Account for the purpose of education and
training programs for municipal code officials and
individuals employed by third-party agencies under
contract with a municipality.
(ii)  Forty-three and one-half percent of the fee
shall be deposited in the Construction Contractor
Training Account for a Pennsylvania-based housing
research center located at a land grant university for
the construction industry. To assure the programs meet
the needs of the construction industry, the education,
training and other activities provided by the housing
research center must be approved by its industry advisory
committee.
(iii)  [Thirteen] Ten percent of the fee shall be
deposited in the Review and Advisory Council
Administration Account for expenses of the council as
authorized under section 107(l), for technical assistance
as provided for under section 107(k), for administrative
assistance as provided under section 107(j), for fees
associated with the ICC to establish and publish code
manuals which contain the standards of the Uniform
Construction Code as provided under section 304(a)(4) and
as otherwise determined necessary by the department as
funds are available.
(iv)  Three percent of the fee shall be deposited in
the Accessibility Advisory Board Administration Account
for expenses of the advisory board and department
incurred under section 106(d) related to review of
accessibility codes.
(2)  Money deposited under paragraph (1)(i) and (ii) is
hereby appropriated on approval of the Governor to the
Department of Community and Economic Development. The
Department of Community and Economic Development may utilize
up to 3% of the funds allocated to the account under
paragraph (1)(i) and up to 3% of the funds allocated to the
account under paragraph (1)(ii) for administrative and
program expenses. Notwithstanding any other provision of this
paragraph to the contrary, the Department of Community and
Economic Development may continue to abide by the provisions
of an agreement permitting the retention or collection of a
greater percentage for administrative and program expenses,
but only for a period of one year from the effective date of
this paragraph.
(3)  All money deposited under paragraph (1)(iii) and
(iv) shall be transmitted quarterly to the department. The
department shall not be required to utilize other sources of
funding to carry out activities under this act if the funds
provided under this section are insufficient.
(d)  Reports.--
* * *
(2)  No later than November 1 of each calendar year, the
department shall provide a report to the chairperson and
minority chairperson of the [Labor and Industry Committee of
the Senate and the chairperson and minority chairperson of
the Labor and Industry Committee of the House of
Representatives.] standing committees of the Senate and the
House of Representatives having jurisdiction under the act    of
June 25, 1982 (P.L.633, No.181), known as the Regulatory
Review Act, to review Uniform Construction Code regulations.
The report shall detail expenditures for the most recent
fiscal year. The report shall include:
(i)  A separate accounting of revenue and
expenditures for the account under subsection (c)(1)(iii)
and (iv). The separate accounting provided under this
paragraph shall include, to the extent available, revenue
and expenditures by a contractor, vendor or other party
engaged to perform the services under subsection (c)(1)
(iii) and (iv). All contracts entered into after the
effective date of this paragraph by the department with a
contractor, vendor or other party shall require the
contractor, vendor or other party to provide the
information required under this paragraph.
(ii)  The amount utilized by the Uniform Construction
Code Review and Advisory Council and advisory board for
reimbursement of travel expenses.
(iii)  The amount utilized by the Uniform
Construction Code Review and Advisory Council and
advisory board for other purposes and a description of
each expenditure.
(iv)  The amount utilized by the department for
personnel, including the position title, hours charged,
amount and description of the duties and responsibilities
of each individual paid in whole or in part from the
account.
(v)  The amount utilized by the department for
operational costs and a description of each expenditure.
(vi)  The amount utilized by the department for other
program purposes and a description of each expenditure.
Section 4.  All regulations are abrogated to the extent of
any inconsistency with this act.
Section 5.  This act shall take effect in 60 days.