Administration and Enforcement of the UCC
On October 26, 2022, the Commonwealth Court made a decision. It ruled in the case of Pennsylvania Builders Association v. Department of Labor and Industry. The ruling stopped the enforcement of the 2021 updates to the UCC.
Stop applying the 2021 accessibility standards now. The 2018 standards were in place before December 25, 2021, and are unchallenged. Hence, all buildings must still meet the 2018 requirements. The Court’s decision does not affect enforcing the non-accessibility requirements of the UCC.
Over 90% of Pennsylvania's 2,562 municipalities have chosen to run the UCC locally. They use their own employees or certified third party agencies they hired. In these municipalities, the Department has no code enforcement authority. This is true, unless the municipality lacks a certified "Accessibility Inspector/Plans Examiner."
When a municipality "opts out," the Department handles its commercial code enforcement there. The Department is responsible for all elevators and state-owned buildings, regardless of location.
Certified third party agencies enforce the UCC's residential rules. They enforce the rules in all opt-out municipalities. Property owners, or their contractors, hire these agencies. Here is a list of all the Certified Third Party Agencies for Buildings.
Codes and Standards Enforced Under the UCC
The regulations were revised. They adopt the 2018 I Code series. The Review and Advisory Committee reviewed and amended them. The regulations take effect on February 14, 2022.
Also, the 2021 I Code series' accessibility provisions were published on December 25, 2021. They became effective that same day. The rules for accessibility are also subject to the design contract provisions. These rules were stated previously.
If you signed a design or construction contract before this effective date, you may apply for a permit. You can get one for the UCC rules in effect then. You can do this as long as you apply by June 25, 2022.
In 1999, the Legislature established the act. It directed the Department to make regulations. These rules would adopt certain building codes as the Uniform Construction Code (UCC). Since then, the ICC has issued various codes. These include the International Building Code (IBC). The UCC has adopted them, in whole or in part, by reference.
Traditionally, the ICC has published fire and smoke protection features for elevator lobbies. They are in Chapter 7 of the IBC. Every 3 years, the ICC publishes revisions to the ICC codes.
In Act 106 of 2008, the General Assembly set up the RAC. Its members represent industry sectors involved in building construction. This includes building component design, construction, building code enforcement, and local government representation. The RAC is charged to review the periodic changes to the revised ICC codes prior to adoption into the UCC.
On October 17, 2018, the UCC RAC voted to adopt Section 3006 of the 2015 IBC. This section is about elevator lobbies and hoistway opening protection. As such, the Department amended paragraph (a)(1) of Section 403.21 to add Section 3006 of the IBC of 2015. On November 3rd, the Pennsylvania Bulletin published a certified regulation. It is about smoke protection in elevator lobbies. The regulation is temporarily effective as of that date. The commission approved this regulation on December 6, 2018. It then became permanent.
Revised UCC Regulations
Chapter 11, Appendix E of the International Building Code of 2018 and any other accessibility requirements contained in the 2018 I-codes referenced by the Uniform Construction Code were published in the Pennsylvania Bulletin and became effective on June 15, 2019.
The Pennsylvania Bulletin outlines the changes that will occur in the Regulations.