Pennsylvania

Current Codes

Pennsylvania Uniform Construction Code (UCC)

Code Type:

Based on: 2009 IECC, ASHRAE 90.1-2007 Mandatory

Date Effective: Thursday, December 31, 2009

Date Passed: Thursday, December 10, 2009

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Additional Code Information

Code Adoption & Change Process

Code Change Process:

[REGULATORY] The Pennsylvania Department of Labor and Industry (DLI) has the authority to promulgate and upgrade the Pennsylvania Uniform Construction Code (UCC). Legislation requires that by December 31 of the year in which is issued "a new triennial BOCA National Building Code, or its successor building code", and/or "a new triennial ICC International One and Two Family Dwelling Code, or its successor building code", the department promulgate regulations adopting the new codes. Modifications to the code are reviewed through a series of public meetings and hearings.

On October 10, 2008, Governor Ed Rendell signed into law Act 106 of 2008. The legislation, House Bill 1096 (P.N. 4527), amends the UCC by establishing the Uniform Construction Code Review and Advisory Council. The council of 19 members, appointed by the Governor from various construction industry trades and professions as well as local government, is charged with making recommendations to the Governor, the General Assembly and the Department of Labor & Industry regarding proposed changes to Act 45 (The Pennsylvania Construction Code Act) and changes that appear in the International Codes enforceable under this act.

The 19 members of the Council were appointed by Governor Rendell on Feb. 10, 2009.

In 2011, the Pennsylvania General Assembly passed legislation significantly altering the process to update the state’s construction codes. It amended the Uniform Construction Code Act of 1999 to require 2/3 approval for any code update proposals by the Department of Labor and Industry (DLI) Review and Advisory Council (RAC). Among other changes, the RAC would be required to submit a report on any proposed changes within 12 months of the official publication of ICC’s triennial code updates. The legislation also repealed the residential sprinkler provisions of the 2009 IRC and reverted to the 2006 wall bracing requirements.

Code Change Cycle:

Generally reviewed every three years with the publication of the new editions of the International Code Council's series of model codes. Most recent code update effective December 31, 2009.

Next Code Update:

Given the recent changes to Pennsylvania's code update process, the next code update cycle has not yet been scheduled.

History

In November 1999, the Pennsylvania Legislature passed Act 45, the Pennsylvania Uniform Construction Code of 1999 (since amended in 2004), mandating a statewide building code across Pennsylvania. The legislation requires the Pennsylvania Department of Labor and Industry (DLI) to promulgate regulations to implement the requirements of the legislation and, in addition, to consider the development of alternative prescriptive methods for energy conservation that account for the various climatic regions within the Commonwealth. In deriving these energy standards, the DLI was to seek to balance energy savings with initial construction costs.

The Pennsylvania Housing Research Center (PHRC) developed the Pennsylvania Alternative Residential Energy Provisions (PA-Alt) for consideration by DLI to meet their legislated mandate. The PA-Alt was developed with the intent of being:

simpler to build to and easier to enforce;
more rational and flexible;
focused on Pennsylvania in terms of climatic and other conditions;
equivalent to the provisions of the International Energy Conservation Code (IECC).

The PA-Alt is an alternative to Chapter 11 of the International Residential Code (IRC). It is intended to supplement the IRC and, to the extent possible, to be consistent in format and general intent. The scope and definitions used in the IRC apply. It is important to note that a choice needs to be made by the builder or design professional between the PA-Alt, the IRC, and the IECC.

The initial version of the PA-Alt was developed in 2000 and was based on the 2000 IECC and IRC. The second version was updated in 2003 and was based on the 2003 IECC and IRC. The third version was updated in 2006 and was based on the 2006 IECC and IRC. The 2009 PA-Alt is the fourth iteration of the PA-Alt and is equivalent to the 2009 IECC and IRC.

Enforcement of the 2003 UCC began in April 2004. Its successor edition, the 2006 UCC, became effective on December 31, 2006. The current code, the 2009 UCC, became effective December 31, 2009.

In 2011, the Pennsylvania General Assembly passed legislation significantly altering the process to update the state’s construction codes. On January 31, a bill (HB 377) was introduced that would amend the Uniform Construction Code Act of 1999 to require 2/3 approval for any code update proposals by the Department of Labor and Industry (DLI) Review and Advisory Council (RAC). Among other changes, the RAC would be required to submit a report on any proposed changes within 12 months of the official publication of ICC’s triennial code updates. HB 377 also repealed the residential sprinkler provisions of the 2009 IRC and reverted to the 2006 wall bracing requirements.

The bill was approved by the House on March 7. The Senate approved amendments on April 12, and the House concurred April 13. Gov. Tom Corbett signed the legislation in law as Act 1 on April 25. The UCC has been subject to rollback attempts before in both the legislature and state courts.

Basic Facts

Government Type:

Constitution-based Federal Republic, strong Democratic tradition

Climate Zone:

5A, 6A, 4A (zones based on DOE's most recent zoning: zone numbers based on a spectrum, zone 1 represents very hot weather and zone 8 represents subarctic weather. Letters indicate climate type, A-Humid, B-Dry, C-Marine)

Population:

12,604,767 (2009, U.S. Census Bureau)

Construction Activity:

New Housing Units Authorized by Permit:
Total units: 24,577
Number of Housing Units by Structure Type:
1 unit: 20,238
2 units: 338
3 and 4 units: 334
5 or more units: 3,667
(2008, Real Estate Center)

Projected Construction Rate:

Single family dwelling:20,241 (-26% less than previous year), and with an avarage value of $184,500 per unit
(2008, Real Estate Center)

CO2 Emissions:

274.3 MMT CO₂ (2007)

Energy Data

Primary Energy Source:

Coal: 32.1% (2007, EIA)

Energy Consumption:

Total Annual Energy Consumption of 4006.2 trillion btu (2007, EIA)

Energy Expenditures:

49,300.6 Million Nominal Dollars (2007, EIA)

Energy Snapshot:

51% of the natural gas supply in Pennsylvania is consumed to heat residential homes.

Pennsylvania is the leading petroleum refining state in the Northeast.

Pennsylvania is a major coal producing state and exports roughly half of its coal to other states.

Source: EIA

Climate Concerns

Regional Issues & State Action:

According to the United States Global Change Research Program, extreme heat and declining air quality are likely to pose increasing problems for human health, especially in urban areas. In addition, agricultural production, including dairy, fruit, and maple syrup, are likely to be adversely affected while significant sea-level rise and storm surge will effect coastal cities and ecosystems around the nation. In the northeast, the annual average temperature has increased by 2°F since 1970, with winter temperatures rising twice this much. The effects of climate change could significantly alter the region’s economy, landscape, character, and quality of life.

In 1998, Pennsylvania established the Governor’s Green Government Council (GGGC) by executive order to promote the implementation of effective environmentally sustainable policy. Pennsylvania is involved in numerous efforts to mitigate climate change including the Office Energy and Technology’s Energy Independence Strategy. This strategy aims to protect consumers, grow the economy, and strengthen national security. The plan includes initiatives to assist households and small businesses improve the energy efficiency of their buildings. In addition, Pennsylvania is an observer member of the Regional Greenhouse Gas Initiative (RGGI) which is a "cooperative effort by ten Northeast and Mid-Atlantic states to limit greenhouse gas emissions. RGGI is the first mandatory, market-based CO2 emissions reduction program in the United States."

BCAP Estimated Energy Savings

If Pennsylvania began implementing the 2009 IECC and Standard 90.1-2007 statewide in 2011, businesses and homeowners would save an estimated $101 million annually by 2020 and $203 million annually by 2030 in energy costs (assuming 2006 prices).

Additionally, implementing the latest model codes would help avoid about 21.6 trillion Btu of primary annual energy use by 2030 and annual emissions of more than 1.5 million metric tons of CO2 by 2030.

A 2010 BCAP analysis indicates that the weighted average incremental construction cost of upgrading to the 2009 IECC in Pennsylvania would be $697.79 per home. On average, the annual energy savings per home would be $240.50, meaning the simple payback for homeowners would occur, on average, in 2.9 years. These estimates are conservative and represent the upper bound on incremental cost.

Resources

Guidance for Real Estate Professionals on Home Energy Efficient Attributes

posted by Eric Plunkett
Energy Efficiency Resource Standards: A Progress Report on State Experience

posted by Anonymous
(1 comment)
Incremental Cost Payback: Pennsylvania

posted by Mark Lessans
Pennsylvania Fact Sheet

posted by Paul Karrer
Third Party Enforcement Factsheet

posted by Kelly Guhanick

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Advocacy Opportunities	Status	Explanations
Adopt Mandatory Codes		Residential: In Pennsylvania, any of the following may be used as the mandatory statewide energy code: 1) 2009 IECC 2) 2009 IRC (Chapter 11) 3) 2009 Pennsylvania Alternative Residential Energy Provisions (PA-Alt) Commercial: Pennsylvania’s mandatory statewide commercial code is the 2009 IECC with reference to ASHRAE 90.1-2007.
Adopt an Automatic Review & Update Process		Pennsylvania usually reviews the energy codes at three years intervals following publication of new editions of the model codes. The most recent code update became effective December 31, 2009. The next review will occur in late 2011.
Create a Regulatory Process		The Pennsylvania Department of Labor and Industry (DLI) is responsible for upgrading and promulgating the state energy codes. Legislation requires that in each year that a new edition of "a new triennial BOCA National Building Code, or its successor building code", and/or "a new triennial ICC International One and Two Family Dwelling Code, or its successor building code" is published, the department must promulgate regulations adopting the new codes by December 31st. Currently, this would direct DLI to adopt the 2009 IECC to be effective by December 31, 2009.
Improve Compliance		Residential: Over 90% of Pennsylvania's 2,563 municipalities have elected to administer and enforce the UCC locally, using their own employees or certified third party agencies (private code enforcement agencies). DLI has no code enforcement authority in local communities, except where the municipality lacks the services of a person certified as an "Accessibility Inspector/Plans Examiner." REScheck report is an acceptable method of compliance. For residential buildings, use of the prescriptive Alternative Residential Energy Provisions is also allowed. If a municipality opts out of enforcement responsibility, certified third party agencies hired by property owners (or their contractors) enforce the residential requirements. Detailed information about these agencies and a listing of the choices of the state's municipalities can be accessed at the website of the Department of Labor and Industry. DLI has sole jurisdiction for all elevators and all state-owned buildings, no matter where they are located. Commercial: Over 90% of Pennsylvania's 2,563 municipalities have elected to administer and enforce the UCC locally, using their own employees or certified third party agencies (private code enforcement agencies). DLI has no code enforcement authority in local communities, except where the municipality lacks the services of a person certified as an "Accessibility Inspector/Plans Examiner." If a municipality opts out of enforcement responsibility, DLI assumes responsible for commercial code enforcement. Detailed information about these agencies and a listing of the choices of the state's municipalities can be accessed at the website of the Department of Labor and Industry. DLI has sole jurisdiction for all elevators and all state-owned buildings, no matter where they are located.
Eliminate Weakening Amendments
Add Strengthening Amendments
Allow Innovation at the Local Level
Set Milestones		In early July 2009, a bill was introduced to the Pennsylvania General Assembly that would develop and issue regulations to require all new state facilities larger than 20,000 feet2 or costing more than $1 million to achieve an ENERGY STAR rating of 85 or higher. As August 2009, the bill had passed the House and continued to the Senate.
Adopt Green Codes

August 2009

Resources:

ICLEI - international association of local governments and their associations
www.iclei.org
Oregon has eleven local government members:
Haverford Township, Lower Makefield, Meadville, Mt. Lebanon, Narberth, Nether Providence Township, Philadelphia, Pittsburgh, Radnor, Upper Dublin Township, and West Chester.

Mayors Climate Protection Center
www.usmayors.org
Sixteen Oregon Mayors have signed The U.S. Conference of Mayors’ Climate Protection Agreement:
(City)
Allentown, Bethlehem, Braddock, Easton, Erie, Kutztown, Lancaster, Leechburg, Lower Makefield, Marple Township, Narberth, Oxford, Philadelphia, Pittsburgh, and York.

International Codes Council (ICC) Regional Support and State Offices:
Ms. Kathy Slawinski
ICC Chicago District Office
4051 West Flossmoor Road
Country Club Hills, IL 60478
Phone: 1-888-422-7233, Ext. 4319
KSlawinski@iccsafe.org

Mr. Roland W. Hall, PE
Senior Regional Manager
519 Solly Avenue
Philadelphia, PA 19111
[P] 1-888-422-7233, Ext. 7302
RHall@iccsafe.org

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