Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIV - Uniform Construction Code › Chapter 401 - UNIFORM CONSTRUCTION CODE TRAINING AND CERTIFICATION OF CODE ADMINISTRATORS › Section 401.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
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 Consho hocken,
				  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 Varemb[eacute], 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 2018" 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 2018" 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.
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)).
This section cited in 31 Pa. Code §
											403.1 (relating to
					 scope).