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UCC Review and Advisory Council

Meeting Minutes
Wednesday, April 22, 2015

Labor and Industry Building, Room E-100
651 Boas Street
Harrisburg, PA 17121

Council Members Present:

Thomas F. McCosby – Chair
Joseph A. Lavalle –Vice-Chair
George W. Settle, Jr.
Karen L. Welsh
John Kampmeyer
R. Clem Malot                                              
Christian H. McQuail
Merle Musick
Rich Roberts
David Brooke Rush
Nathan Schaffer
Dave Nice
Mark Henry 
Kathleen McCormick

Also Present:

Cindy Sheaffer, Esquire, Assistant Counsel, Dep’t of Labor & Industry
Dwight Decker, Esquire, Assistant Counsel, Dep’t of Labor & Industry
Eileen Cipriani, Dep’t of Labor & Industry

Public Speakers:

Frank Thompson


Rhonda K. Thorpe
The meeting was called to order by Chair Thomas McCosby, followed by the Pledge of Allegiance and introduction of all Council Members and attendees.
  1. Approval of the minutes from the February 11, 2015 meeting: Mr. Malot made a motion to approve the February minutes. Mr. Settle seconded the motion. The Council approved the minutes by unanimous consent.
  2. Approval of the minutes from the March 11, 2015 meeting: Mr. Settle made a motion to approve the March minutes. Mr. Kampmeyer seconded the motion. The Council approved the minutes by unanimous consent.
  3. Approval of Agenda. Mr. Malot moves to accept the agenda. Mr. Settle seconded the motion. The Council approved the amended agenda by unanimous consent.
  4. Chairman Comments: none
  5. Attorney Cindy Sheaffer gave a status update concerning the Right-To-Know Request for certain RAC documents and advised that the documents had been reviewed and were being sent. She also requested that all RAC members make sure that she and Attorney Decker have their current email addresses or telephone numbers.
  6. Attorney Sheaffer reminded members that, at next month’s voting meeting, it requires 2/3 of the full council, or at least 13 members, to pass anything. Therefore, it is important that sufficient members attend this meeting.
  7. Legislative Working Group (LWG): Nothing to report.
  8. Regulation Working Group (RWG): Nothing to report.
  9. Old Business:
    1. Subcommittee Reports:
      1. ADM: Mr. Lavalle indicated that it was in good shape.
      2. ADM: Mr. McCosby reported that this review was 100% done.
      3. Fire and Safety: Mr. Lavalle reported that reviewed was completed and was forwarded for posting.
      4. IBC-General: Mr. McCosby reported that Mr. Fegley will be contacting committee members and that they are ready to vote.
      5. IBC – MoE: Mr. Henry reported that the review was done and submitted.
      6. IBC-Struct: Mr. Rush confirmed this review was done – 100%.
      7. IBCC/ICCPC: Already closed.
      8. IEBC: Done.
      9. IECC Commercial: Done.
      10. IECC Residential: Mr. Kampmeyer reported that it was done and submitted.
      11. IFC: Mr. Kampmeyer reported that this review was done and submitted.
      12. IFGC: Mr. Settle reported that 11 items were reviewed and all recommended for approval.
      13. IMC – 100% done.
      14. IPC: All reviewed and recommendations submitted.
      15. IRC - Building: Mr. Lavalle reported that review is almost done and there are about 60-70 amendments left to review and the committee will just need to vote.
      16. IRC – Mechanical: Mr. Musick reported that they reviewed 71 changes and recommended 70 for approval. The committee rejected one change concerning the listing of solar panels.
      17. IRC – Plumbing: Chair McCosby reported that they need one more committee member to vote and they will be completed.
      18. IRC-Electrical: Completed and posted.
  10. New business:
    House Bill 635: Chair McCosby believes that without H.B. 635, the best the RAC will be able to do is to just add amendments to 2009 Code, in addition to any amendments the Legislative makes.
    The Council discussed a memo concerning the RAC’s scope of review of the triennial codes. Attorney Sheaffer advised that the memo outlined the same position the RAC currently relied on. Mr. Rush noted that they just don’t know what the code will look like and confirmed that they could not simply adopt the 2015 code as Pennsylvania’s UCC. Mr. McQuail was concerned about how to fix the problem. Attorney Shaeffer stated that the problem will need fixed by new legislation. Mr. Kampmeyer believes that they need to adopt some changes because the 2009 codes are becoming very outdated. Mr. Lavalle suggested that a dialog should be established with legislators to help them understand the problem.
    The RAC discussed H.B. 782, which is scheduled for hearing on May 7th. H.B. 782 is a “competition amendment,” requiring municipalities, which use TPAs to enforce the UCC in their jurisdictions to have at least two TPAs for applicants to choose from. Chair McCosby indicated that there is a problem in Western Pennsylvania with enforcement and doesn’t believe this bill helps the problem. Chair McCosby recommended no action on H.B. 782.
  11. Public Comment:
    Frank Thompson, on behalf of himself, inquired whether the Department had commented about the RAC’s decision to recommend that the proposed 10% allocation to the RAC Administration Fund in H.B. 635 be reduced to 1%. He pointed out that H.B. 635 directs that this fund is to pay for three expense categories, including the RAC’s legal counsel and administrative costs, and indicated that a 1% allocation will be insufficient to meet these costs. Mr. Settle acknowledged that the RAC understood that a 1% allocation, about $9,000, would not also cover the RAC’s legal counsel and administrative costs, but didn’t want to take more from the PHRC and indicated that the Department should just continue to provide legal counsel. Ms. Welsh believed that an increase in the $4 permit assessment would be better, but that will not happen.
    Mr. Thompson also inquired that whether the information on the website is in the same format as will be reviewed in the course of voting and whether the public will be able to see the new provision language being voted on. Chair McCosby advised that the public will not be able to see the new language.
    Mr. Malot made a motion to change the May voting meetings from May 19th, 20th and 21st to May 20th, 21st and 22nd. Mr. Lavalle seconded the motion. The RAC discussed the motion. Mr. Settle amended the motion to have the new dates be May 12th, 13th, and 14th and both Mr. Malot and Mr. Lavalle agreed to the amendment to their motion. After discussion revealed several RAC members could not attend May 12th-14th, Mr. Settle withdrew his amendment. Mr. McQuail suggested that, whatever dates they pick, RAC members be polled to ensure that there will be at least 2/3 of the council present. The council votes and the motion to change the dates to May 20th, 21st, and 22nd is passed by unanimous vote.
  12. Future Meetings: The RAC will meet for the voting meetings on May 20 and 21, 2015. An additional voting meeting will be held on May 22, 2015, if necessary. The meetings will be held at the main Labor &Industry Building in Harrisburg.
  13. Mr. Settle moved that the Council adjourn the meeting. Mr. Lavelle seconded the motion. The Council approved by unanimous consent. The meeting was adjourned at approximately 11:05 a.m.