Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 3204 (May 28, 2022).

34 Pa. Code § 401.1. Definitions.

§ 401.1. Definitions.

 The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:

   ALI—The Automatic Lift Institute, Post Office Box 33116, Indialantic, Florida, 32903-3116.

   ANSI—American National Standards Institute, 11 West 42nd Street, New York, New York 10036.

   APSP—The Association of Pool and Spa Professionals, 2111 Eisenhower Avenue, Alexandria, Virginia 22314-4695.

   ASME—The American Society of Mechanical Engineers, Three Park Avenue, New York, New York 10016-5990.

   ASTM—The American Society of Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959.

   Accessibility Advisory Board—The Department’s Accessibility Advisory Board created under section 106 of the act (35 P.S. §  7210.106).

   Accredited academic institution—A high school, technical or vocational school, private school licensed or registered with the Department of Education, junior college, community college or university.

   Act—The Pennsylvania Construction Code Act (35 P. S. § §  7210.101—7210.1103).

   Addition—An extension or increase in floor area or height of a building or structure.

   Agricultural building

     (i)   A structure utilized to store farm implements, hay, feed, grain or other agricultural or horticultural products or to house poultry, livestock or other farm animals, a milk house and a structure used to grow mushrooms.

     (ii)   The term includes a carriage house owned and used by members of a recognized religious sect for the purposes of housing horses and storing buggies.

     (iii)   The term does not include habitable space or spaces in which agricultural products are processed, treated or packaged and will not be construed to mean a place of occupancy by the general public.

   Alteration—Any construction or renovation to an existing structure other than repair or addition.

   Board of appeals—A body established by a municipality or municipalities which are parties to an agreement for the joint administration and enforcement of the act to hear requests for variances or extensions of time, and appeals from code administrator decisions.

   Building—A structure used or intended for supporting or sheltering any occupancy.

   Building code official—A construction code official, or the building code official’s designee, who manages, supervises and administers building code enforcement activities under §  401.7(a)(18) (relating to certification category specifications). Duties include, but are not limited to: management of building code enforcement activities; supervision of building inspectors or plan examiners; authorizing issuance of certificates of occupancy; issuance of building permits, violation notices and orders to vacate; and the initiation of prosecutions.

   Certificate of occupancy—A certificate issued by a building code official allowing occupancy of a building or structure under the Uniform Construction Code.

   Certified building official—A classification administered by the International Code Council or its predecessor organization.

   Chapter 11—Chapter 11 of the International Building Code relating to accessibility requirements adopted as part of the Uniform Construction Code.

   Code administrator—A municipal code official, construction code official or third-party agency certified with the Department under the act or the Department under section 103 of the act (35 P. S. §  7210.103). The term includes an individual certified in a category established under this chapter to perform plan review of construction documents or administer and enforce codes and regulations in that category under the act or related acts.

   Commercial construction—A building, structure or facility that is not a residential building.

   Construction code official—An individual certified by the Department in an appropriate category established under section 701(b) of the act (35 P.S. §  7210.701(b)) to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations in that category under the act or related acts under section 103 of the act.

   Conveyor—A horizontal, inclined or vertical device for moving or transporting bulk material, packages or objects in a path predetermined by the design of the device and having points of loading and discharge, fixed or selected, and related equipment and devices described in and governed by the ASME standards adopted in this chapter.

   Current code administrator—An individual who performed plan review of construction documents, inspections of one-family or two-family residential property or other buildings, structures and equipment or administered and enforced a construction code program, and who was employed by or under contract with the Commonwealth or a municipality prior to the effective date of adoption of the final-form regulations for the Uniform Construction Code. The term includes an individual who performed these duties as an employee, contractor or agent of a person employed by or under contract with the Commonwealth or a municipality of this Commonwealth prior to April 9, 2004.

   Department—The Department of Labor and Industry of the Commonwealth.

   Elevator—Hoisting and lowering devices governed by ASME standards adopted by the Department under the Uniform Construction Code and other lifting devices subject to the requirements of the Uniform Construction Code.

   Facility—All or any portion of buildings, structures, site improvements, elements and pedestrian or vehicular routes located on sites where the buildings or structures are located.

   Filing date—The date that the Department or building code official receives the completed permit application.

   Fire and Panic Act—The act of April 27, 1927 (P.L. 465, No. 299) (35 P.S. § §  1221—1235), known as the Fire and Panic Act.

   Health care facility—A facility licensed under the Health Care Facilities Act.

   Health Care Facilities Act—The Health Care Facilities Act (35 P.S. § §  448.101—448.904b).

   ICC—International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401.

   ICC Evaluation Services, Inc.—The ICC Evaluation Services, Inc., 5360 Workman Mill Road, Whittier, California 90601.

   ISO—The International Organization for Standardization, 1, Rue de Varembé, Case Postale 56 CH 1211, Geneva 20, Switzerland.

   Industrial Board—The Department’s Industrial Board established under sections 445 and 2214 of The Administrative Code of 1929 (71 P.S. § §  155 and 574), which hears requests for variances and extensions of time and appeals of decisions of the Department under the Uniform Construction Code.

   Industrialized housing—Under section 3 of the Industrialized Housing Act (35 P.S. §  1651.3), a structure designed primarily for residential occupancy which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation, or assembly and installation, on the building site. The term does not include housing units defined as mobile homes.

   International Accreditation Service, Inc.—The International Accreditation Service, Inc., 5360 Workman Mill Road, Whittier, California 90601.

   International Building Code—An International Building Code issued by the ICC. Chapter 11 and Appendix E of the ‘‘International Building Code 2021’’ issued by the ICC. The term includes all errata issued by the ICC.

   International Energy Conservation Code—An International Energy Conservation Code issued by the ICC. The term includes all errata issued by the ICC.

   International Existing Building Code—An International Existing Building Code for Buildings and Facilities issued by the ICC. The accessibility provisions in the ‘‘International Existing Building Code for Buildings 2021’’ issued by the ICC. The term includes all errata issued by the ICC.

   International Fire Code—An International Fire Code issued by the ICC. The term includes all errata issued by the ICC.

   International Fuel Gas Code—An International Fuel Gas Code issued by the ICC. The term includes all errata issued by the ICC.

   International Mechanical Code—An International Mechanical Code issued by the ICC. The term includes all errata issued by the ICC.

   International Performance Code—An International Performance Code for Buildings and Facilities issued by the ICC. The term includes all errata issued by the ICC.

   International Plumbing Code—An International Plumbing Code issued by the ICC. The term includes all errata issued by the ICC.

   International Residential Code—An International Residential Code for One- and Two-Family Dwellings issued by the ICC. The term includes all errata issued by the ICC.

   International Swimming Pool and Spa Code—An International Swimming Pool and Spa Code issued by the ICC. The term includes all errata issued by the ICC.

   International Wildland-Urban Interface Code—An International Wildland-Urban Interface Code issued by the ICC. The term includes all errata issued by the ICC.

   Legally occupied—Use or habitation of a building or facility that was occupied in accordance with all valid construction statutes and ordinances in effect before April 9, 2004.

   Manufactured housing—Under section 901(a) of the act (35 P.S. §  7210.901(a)), housing which bears a label as required by and referenced in the Manufactured Housing Act (35 P.S. § §  656.1—1656.9), certifying that it conforms to Federal construction and safety standards adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C.A. § §  5401—5426).

   NEC—NFPA-70, a National Electrical Code issued by the NFPA. The term includes all errata issued by the NFPA.

   NFPA—The National Fire Protection Association, One Batterymarch Park, Quincy, MA 02169.

   Occupancy—Approved use of a building or a structure under the Uniform Construction Code.

   PHRC—The Pennsylvania Housing Research Center, 219 Sackett Building, University Park, Pennsylvania 16802.

   Passenger ropeway—An aerial tramway, aerial lift, surface lift, tow, conveyor or other lifting device which carries, pulls or pushes passengers along a level or inclined path by means of a haul rope or other flexible element which is driven by a power unit remaining essentially at a single location.

   Pennsylvania’s Alternative Residential Energy Provisions—The ‘‘Pennsylvania Alternative Residential Energy Provisions’’ issued in 2009 by the PHRC. This term includes all errata issued by the PHRC.

   Permit—A document issued by a building code official authorizing the construction, alteration, repair, demolition, location, maintenance or installation relating to a building, structure, elevator or equipment under the Uniform Construction Code.

   Person—Includes a corporation, partnership, business trust, other association, estate, trust, foundation or natural person. The term also includes the governing authority for a county or municipality, and a government entity other than the Commonwealth.

   Personal delivery—The date that the appeal or request for a variance or extension of time under § §  403.122 and 403.142 (relating to appeals, variances and extensions of time; and Accessibility Advisory Board) was delivered to a common carrier, or was received by facsimile transmission or hand-delivery at the office of the building code official.

   Postmark—The date of the official United States Postal Service postmark on the envelope containing an appeal or request for variance or extension of time under § §  403.122 and 403.142 or the date of a private postage meter mark on the envelope containing the appeal or request.

   Recreational cabin—A structure where all of the following apply:

     (i)   The cabin is utilized principally for recreational activity.

     (ii)   The cabin is not utilized as a domicile or residence for any individual for any time period.

     (iii)   The cabin is not utilized for commercial purposes.

     (iv)   The cabin is not greater than two stories in height, excluding basement.

     (v)   The cabin is not utilized by the owner or any other person as a place of employment.

     (vi)   The cabin is not a mailing address for bills and correspondence.

     (vii)   The cabin is not listed as an individual’s place of residence on a tax return, driver’s license, car registration or voter registration.

   Repair—Reconstruction or renewal of any part of an existing building for the purpose of its maintenance.

   Residential building—Detached one-family and two-family dwellings and townhouses which are not more than three stories above grade plane in height with a separate means of egress and their accessory structures.

   Secretary—The Secretary of the Department.

   State-owned building—A building owned by or to be constructed for Commonwealth entities consisting of the General Assembly, the Unified Judicial System, the Pennsylvania Higher Education Assistance Agency, an executive agency, independent agency, and a State-affiliated entity or State-related institution as defined in 62 Pa.C.S. §  103 (relating to definitions).

   Structure—A combination of materials that are built or constructed with a permanent location or attached to something that has a permanent location.

   Third-party agency—A person, firm or corporation certified by the Department as a construction code official and contracted to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations under the act.

   Uncertified building

     (i)   An existing building which was not approved for use and occupancy by the Department or a municipality which was enforcing a building code before April 9, 2004.

     (ii)   The term does not include a residential building.

   Uniform Construction Code—This part, An International Building Code and the International Residential Code for One- and Two-Family Dwellings, available from the International Code Council, Inc., 4051 W. Flossmoor Road, Country Club Hills, Illinois 60478-5795, (888) 422-7233; and any standards adopted by the Department in this part under sections 301 and 304 of the act (35 P.S. § §  7210.301 and 7210.304).

   Utility and miscellaneous use structures

     (i)   Buildings or structures of an accessory character and miscellaneous structures not classified by the ICC in any specific use group.

     (ii)   The term includes carports, detached private garages, greenhouses and sheds having a building area less than 1,000 square feet.

     (iii)   The term does not include swimming pools or spas.

   Variance—A modification of a Uniform Construction Code standard approved by a board of appeals or the Industrial Board and by the Secretary for accessibility requirements.

Authority

   The provisions of this §  401.1 amended under sections 105, 301, 302 and 304(a)(1)—(3) of the Pennsylvania Construction Code Act (35 P.S. § §  7210.105, 7210.301, 7210.302 and 7210.304(a)(1)— (3)).

Source

   The provisions of this §  401.1 amended January 9, 2004, effective April 9, 2004, 34 Pa.B. 319; amended December 15, 2006, effective December 31, 2006, 36 Pa.B. 7548; amended December 24, 2009, effective December 31, 2009, 39 Pa.B. 7196; amended December 21, 2012, effective December 31, 2012, 42 Pa.B. 7646; amended November 25, 2015, effective December 31, 2015, 45 Pa.B. 6813; amended May 6, 2016, effective May 7, 2016, 46 Pa.B. 2315; amended September 29, 2018, effective October 1, 2018, 48 Pa.B. 6261; amended June 14, 2019, effective June 15, 2019, 49 Pa.B. 3077; corrected July 19, 2019, effective immediately, 49 Pa.B. 3732; amended December 24, 2021, effective December 25, 2021, 51 Pa.B. 7981; amended February 11, 2022, effective February 14, 2022, 52 Pa.B. 971. Immediately preceding text appears at serial pages (407569) to (407575).

Cross References

   This section cited in 31 Pa. Code §  403.1 (relating to scope).



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