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UCC Review and Advisory Council

Meeting Minutes
Wednesday, November 1, 2017

Council Members Present: Maureen Guttman, Chair
Thomas F. McCosby, Vice-chair
Bobby Henon
Timothy J. Solobay
Craig Glotfelty
Dr. Walter Schneider, III
Kevin Maynard
Edward Fegley
Joseph Lavalle
John E. Kampmeyer
Mayor Tim Scott
Jonathan Sukonik
Matthew Wojaczyk

Also Present: Kelly Smith, Esq., Labor & Industry
Dwight Decker, Esq., Labor & Industry
Sarah Miller, PA Builders Assoc.
Douglas Meshaw, PA Builders Assoc.
Jack Lyons, Nat’l Electrical Manufacturers Assoc.
Amal Mahrouki, AIA
Christopher Hine, PA Housing Research Center
Michael Moglia, PA Construction Code Academy
Brian Wolfgan, PA Housing Research Center

Reporter: Corey E. Fake
  1. The Meeting was called to Order by Chair Guttman, followed by the Pledge of Allegiance.
     
  2. The meeting agenda was approved by unanimous consent.
     
  3. The minutes of the September 27, 2017 meeting of the UCC RAC were amended to correct the spelling of John Sukonik’s name and approved.
     
  4. Chair’s Comments & Correspondence: Act 36 of 2017 passed. Chair Guttman was invited to speak at a PABCO conference but was unable to attend. In her stead, Mr. Schneider attended and spoke about Act 36.
     
  5. Report of the RAC’s Counsel: Attorney Decker encouraged the RAC members to keep separate emails for RAC business. Attorney Decker also reminded the RAC members that the Sunshine Act prohibits deliberation of RAC business by a quorum of RAC members outside a public meeting. Voting is deliberation and must occur at a public meeting.
     
  6. Remote participation and voting was discussed by the RAC members. The topic was referred to the Procedures Working Group to make a recommendation.
     
  7. Report of the Legislative Working Group: Mr. Solobay has reached out to the four legislative committee Chairs and their executive directors asking to be kept informed regarding pieces of legislation that may be moving. Mr. Scott stated that Acts 35—regarding agricultural buildings—and 43—in part, addressing fireworks—were signed by the Governor.
     
  8. Report of the Regulation Working Group: Chair Guttman stated the working group did not meet and does not have a report.
     
  9. Report of the Procedures Working Group: Mr. Schneider presented the RAC with the 10/30/2017 Procedures Working Group report. Discussion of the report was moved to New Business.
     
  10. New Business:
     
    1. Chair Guttman discussed the details of Act 36 of 2017.

      Public Comment: Doug Meshaw, Pa. Builders Assoc., questioned who will be establishing the criteria regarding member qualifications.
       
    2. Mr. Schneider presented the recommendations contained in the Procedures Working Group (PWG) report. Mr. Schneider moved to adopt the recommendations of the PWG. Mr. Scott seconded the motion. Mr. Schneider moved to amend the motion to include the following statement in the recommendations: “Once established, the subcommittees will report interim reports to the Chair, in writing, a minimum of three days before any scheduled meeting of the RAC.”

      Public Comment: Sarah Miller, Pa. Builders Assoc., questioned the procedure regarding subcommittee recommendations, when subcommittee reports are presented to the public, and if the public will be able to comment on referenced standards.

      The recommendations of the PWG, as amended, were approved unanimously. (Exhibit A).
       
    3. The RAC selected the following dates for future meetings (all beginning at 10:00 a.m.):

      November 20, 2017
      December 13, 2017
      January 24, 2017
      February 13, 2017 (public hearing)
      March 6, 2017
      March 20, 2017
      April 3, 2017
      April 17, 2017
       
    4. Mr. McCosby moved to amend the public comment from to refer to the 2015 code. Mr. Schneider seconded the motion. The motion passed by unanimous consent.
       
  11. Public Comment: Jack Lyons, Nat’l Electrical Manufacturers Assoc., questioned what can be addressed in the public comment period as compared to the public hearing. Chair Guttman stated that proposals from the public should be submitted to the RAC, in writing, during the public comment period.
     
  12. The meeting was adjourned by unanimous consent.
     

Exhibit A

10/30/2017 RAC Procedures Working Group report

PA Act 36, 2017 will govern the 2015 ICC code adoption process

Sub-committee recommendations are as follows:

Meeting Frequency:
  • If there are not fourteen (14) members present on 1 November 2017 we need to meet onor before 24 November 2017
  • The RAC should meet monthly during November, December, January, and February, andshould have two (2) meetings in both March and April. This does not include therequired public hearing.
Proposed Time Frame:

If there are fourteen (14) members present at the 1 November 2017 meeting, then the following is a proposed timeline for the adoption process

  • 11/1/17 – Initiate review of 2015 codes
  • 12/1/2017 – Public comment period opens per PA ACT 36 of 2017
  • 12/31/2017 – Public comment period closes per PA ACT 36 of 2017
  • Mid January 2018, public hearing to be held in Harrisburg (schedule at November 1meeting) after which final public comments shall be forwarded to the sub-committees forconsideration
  • 2/28/17 – Sub-committees to be completed with comments and they are forwarded to theRAC
  • 4/30/2018 – Final report to L&I

If there are not fourteen (14) members present at the 1 November 2017 meeting, then the proposed timeline for the adoption process should be adjusted based on the meeting date

Procedural Recommendations:
  • All proposed changes including those from the committee shall be received by thecommittee using the agreed to form with modifications to reflect a 2015 ICC code editionreview, no verbal changes will be entertained.
  • All proposed code changes shall be submitted by the end of the public comment period.No submission shall be accepted after that time period.
  • All sections of the 2012 ICC codes that were not otherwise changed in 2015 should beconsidered for adoption.
  • The RAC should not use TAC committees as part of the 2015 ICC code review.
  • The RAC should use a series of internal sub-committees to assist in the review process.The proposed list of committees are as follows:
    • Administrative Provisions
    • International Building Code (IBC)
    • International Mechanical Code (IMC) & Mechanical provisions of theInternational Residential Code (IRC)
    • International Plumbing Code (IMC) & Plumbing provisions of the InternationalResidential Code (IRC)
    • International Fire Code (IFC)
    • International Fuel Gas Code (IFGC)
    • International Residential Code (IRC) general provisions
    • International Energy Conservation Code (IECC) commercial provisions
    • International Energy Conservation Code (IECC) residential provisions
    • International Wildland Urban Interface Code (IWUIC)
  • Committees should be a minimum of five (5) members and a maximum of seven (7) members.
  • It is expected that all members hall serve on a minimum of four (4) committees
  • It is recommended that no sub-committee be staffed greater than the minimum level prior to the outstanding RAC appointments being appointed to allow them to choose sub-committee membership when appointed
  • Once appointments are complete final sub-committee membership can be established
  • Selection of sub-committee membership shall be by appointment of the chair
  • Reference standards shall not be individually considered for adoption/modification
  • Provision modifications shall be considered to be a last resort option. If the RAC determines that a section needs to be modified, the RAC shall refer the section to the appropriate sub-committee for consideration and once complete the sub-committee shall bring the proposed modification back the RAC for adoption consideration using a simple majority vote
  • Once established, the subcommittees will report interim reports to the Chair, in writing, a minimum of three days before any scheduled meeting of the RAC.