Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIV - Uniform Construction Code › Chapter 403 - ADMINISTRATION › STANDARDS › Section 403.28 - Uncertified buildings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under
				  section 902(b)(6) of the act (35 P.S. §
											7210.902(b)(6)), an
				  uncertified building that was built before April 27, 1927, is deemed to be
				  legally occupied until the owner proposes to renovate, add an addition, alter
				  or change the occupancy of the building. The renovation, addition, alteration
				  or change in occupancy must comply with the Uniform Construction
				  Code.
(b) Under section 902(b) of
				  the act, uncertified buildings within the Department's jurisdiction must meet
				  the following requirements which do not apply to uncertified buildings under
				  subsection (a):
(1) Maximum story height,
				  minimum allowable construction type based on floor area, vertical opening and
				  shaft protection requirements, means of egress requirements pertaining to
				  minimum number of exits, maximum travel distances to exits, means of egress
				  illumination, minimum egress widths and heights for exit doors, exit stairs,
				  exit ramps and exit corridors requirements under the "International Building
				  Code of 2018."
(2) Fire safety
				  requirements in the "International Building Code of 2018" for fire alarms, fire
				  extinguishers, heat and smoke detectors, automatic sprinkler systems and
				  occupancy and incidental use separations. The following also apply:
(i) If construction began on a building
				  before May 19, 1984, the installation of automatic sprinkler systems is not
				  required.
(ii) If construction
				  began on a building after May 19, 1984, automatic sprinklers are only required
				  if the building is classified in use groups E (educational), H (high-hazard), I
				  (institutional), or R-1 or R-2 (residential) or if the building has occupied
				  floors more than 75 feet above lowest level of fire department access.
				  Buildings in use groups R-1 and R-2 which do not have occupied floors more than
				  75 feet above lowest level of fire department access may, instead of installing
				  automatic sprinkler systems, install hard-wired interconnected heat and smoke
				  detectors in all rooms or spaces, whether they are occupied or
				  unoccupied.
(iii) If construction
				  of a building began after May 18, 1984, automatic sprinkler installation shall
				  be completed by December 22, 2010, or any certificate of occupancy issued shall
				  be invalid.
(3)
				  Accessibility requirements are applicable as follows:
(i) If construction of an uncertified
				  building began before September 1, 1965, accessibility requirements will not be
				  imposed by the Department.
(ii) If
				  construction of a building began after August 31, 1965, and before February 18,
				  1989, and if the building is a State-owned building, a restaurant or a retail
				  commercial establishment, the building must have at least one accessible main
				  entrance, an accessible route from the accessible entrance to any public spaces
				  on the same level as the accessible entrance and, if toilet rooms are provided,
				  the building must have at least one toilet room for each sex or a unisex toilet
				  room complying with the accessibility requirements of the "International
				  Building Code of 2021."
(iii) If
				  construction of the building began after February 17, 1989, all accessibility
				  requirements of the "International Building Code of 2018" shall be
				  met.
(4) Structural
				  requirements will not be imposed unless the Department determines that the
				  building or a portion of the building has defects that are defined as dangerous
				  in section 202 of the "International Existing Building Code of 2018." If the
				  building is dangerous, the Department may impose only those requirements
				  minimally necessary to remove danger to the building's occupants.
(5) A construction code official may deny the
				  issuance of a certificate of occupancy if the official deems that a building is
				  unsafe because of inadequate means of egress, inadequate lighting and
				  ventilation, fire hazards or other dangers to human life or to public
				  welfare.