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Issues by Topic

Building Codes and Construction

Construction & Building Code

Is there preemption?

Yes.

What are the governing state statutes?

34 Pa. Code § 403.2. 

(a)  Under section 104(d)(1) of the act (35 P.S. §  7210.104(d)(1)), the provisions of the Uniform Construction Code, as adopted in Pennsylvania, and listed in §  403.21 preempt and rescind construction standards provided by a statute, local ordinance or regulation. The recission or preemption does not apply to ordinances in effect on July 1, 1999, or reenactments of simultaneously repealed ordinances which were originally adopted before July 1, 1999, which contain provisions which meet or exceed the Uniform Construction Code under section 303(b)(1) of the act (35 P.S. §  7210.303).

 

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