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Volume 15, Number 1 · February 2005

Uniform Construction Code in Force

To our clients who are building contractors or owners who plan on building or remodeling, there is good news -- maybe. Pennsylvania adopted into law the "Uniform Construction Code" (UCC) in 1999 but the Regulations have just been adopted by the Department of Labor and Industry (DLI) in July of 2004. The goal has been uniform commercial building and residential code requirements. Builders have long sought this consistency.

The benefits of uniformity seem clear by virtue of standardization through a baseline and uniform statewide standards. Some 2,600 municipalities had 90 days to "opt in" to enforce the UCC, or "opt out" of those procedures and rely on DLI or local enforcement of building codes.

A great majority of municipalities "opted in" to enforce the UCC. A large number of exceptions and loopholes have complicated enforcement, however.

Municipalities are empowered to amend the UCC to address local issues. Old codes may be "grandfathered in" if they meet or exceed UCC standards. And municipalities may in the future raise standards further. This weakens standardization goals.

The UCC exempts a number of structures which are covered by the model International Building Code of 2003, such as utility, agricultural and certain miscellaneous buildings, i.e., garages, greenhouses, etc.

Added changes to the UCC were enacted into law on July 15, 2004. These included exempting all alterations to residential buildings not requiring structural changes.

Clearly, careful consultation with local code enforcement officers in each municipality is as necessary as ever. Charting a path through Code requirements and exceptions is challenging, but the penalty provisions require great care. If you need help, our Peacock Keller lawyers stand ready to guide you through the maze.



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