HB 611 — An Act amending the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act, providing for deconstruction standards; and imposing penalties.

PRINTER'S NO.   624

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 611
                                                Session of
                                                  2025

     INTRODUCED BY ISAACSON, BURGOS, GIRAL, GREEN, HILL-EVANS,
        HOHENSTEIN, KHAN, OTTEN AND SANCHEZ, FEBRUARY 20, 2025

     REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
        FEBRUARY 20, 2025


                                     AN ACT
 1   Amending the act of November 10, 1999 (P.L.491, No.45), entitled
 2      "An act establishing a uniform construction code; imposing
 3      powers and duties on municipalities and the Department of
 4      Labor and Industry; providing for enforcement; imposing
 5      penalties; and making repeals," providing for deconstruction
 6      standards; and imposing penalties.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    The act of November 10, 1999 (P.L.491, No.45),
10   known as the Pennsylvania Construction Code Act, is amended by
11   adding a chapter to read:
12                                  CHAPTER 8
13                          DECONSTRUCTION STANDARDS
14   Section 801.    Definitions.
15      The following words and phrases when used in this chapter
16   shall have the meanings given to them in this section unless the
17   context clearly indicates otherwise:
18      "Certified deconstruction contractor."     As follows:
19          (1)     A contractor that:
 1                (i)    has successfully completed a deconstruction
 2          certification program conducted by the department; and
 3                (ii)    appears on a list of certified deconstruction
 4          contractors posted on the publicly accessible Internet
 5          website of the department.
 6          (2)   A firm or other entity shall be considered a
 7      certified deconstruction contractor if at least one
 8      individual currently employed by the firm or other entity is
 9      certified.
10      "Deconstruction."     The systematic dismantling of a structure,
11   or portion of a structure, to maximize the salvage of materials
12   for reuse, in preference over salvaging materials for recycling,
13   energy recovery or sending the materials to a landfill.
14      "Heavy machinery."     Equipment used in the deconstruction or
15   demolition of a building or structure such as track hoes,
16   excavators, skid steer loaders and forklifts.
17      "Primary dwelling structure."         A residential building
18   containing at least one but not more than four dwelling units
19   based on current permitted occupancy at the time of the
20   demolition permit application. The term does not include an
21   accessory building such as a garage or shed.
22      "Recycling."     The processing of waste materials into new
23   products or material feed stock for products. Materials that can
24   be recycled include, but are not limited to, concrete, metal
25   piping and asphalt roofing shingles.
26      "Responsible party."     Any of the following:
27          (1)   An owner or person in control of a primary dwelling
28      structure.
29          (2)   An authorized agent of the owner or person described
30      in paragraph (1).

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 1      "Reuse."     The use of a product or material that was
 2   previously installed for the same or similar function to extend
 3   the life cycle of the product or material. Materials salvageable
 4   for reuse include, but are not limited to, cabinets, doors,
 5   windows, hardware, fixtures, flooring, siding and framing
 6   lumber.
 7   Section 802.     Deconstruction assessment.
 8      Each primary dwelling structure in this Commonwealth that was
 9   erected prior to January 1, 1930, as indicated by municipal
10   building records or, if no municipal building records exist,
11   according to records of the county recorder of deeds in the
12   county where the primary dwelling structure is located, and that
13   meets the criteria established in this chapter shall undergo a
14   deconstruction assessment prior to the demolition, renovation or
15   other construction regarding the primary dwelling structure.
16   Section 803.     Deconstruction requirements.
17      A primary dwelling structure shall be deconstructed in
18   accordance with the provisions of this chapter and associated
19   rules and regulations. The following apply:
20             (1)   Salvaged material may be sold, donated or reused on-
21      site or off-site.
22             (2)   Each deconstruction project must achieve a
23      documented 85% landfill diversion rate by weight and produce
24      one salvaged item for every 500 square meters of design
25      unless otherwise approved by the municipal code official in
26      writing for the particular structure, based on economic or
27      practical infeasibility as determined by the municipal code
28      official after consideration and inspection.
29             (3)   Deconstruction under this chapter shall be performed
30      only by a certified deconstruction professional certified and

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 1      designated by the department under section 804.
 2   Section 804.     Powers and duties of department.
 3      (a)   Mandatory actions.--The department shall:
 4            (1)   Administer the provisions of this chapter.
 5            (2)   Adopt rules, procedures and forms to implement the
 6      provisions of this chapter.
 7            (3)   Post the rules, procedures and forms to implement
 8      this chapter on the publicly accessible Internet website of
 9      the department.
10            (4)   With respect to deconstruction certification
11      training:
12                  (i)    Develop and conduct a deconstruction
13            certification training program, which must include
14            educational standards and requirements, to teach
15            deconstruction methods and practice principles generally
16            recognized in the deconstruction industry.
17                  (ii)    Develop forms to be used by a contractor to
18            apply for the deconstruction certification training
19            program.
20                  (iii)    After review of a contractor's qualifications
21            and proof of successful completion of the deconstruction
22            certification training program:
23                         (A)   Designate the contractor as a certified
24                  deconstruction contractor.
25                         (B)   Post the name of the contractor on the list
26                  of certified deconstruction contractors in this
27                  Commonwealth on the publicly accessible Internet
28                  website of the department.
29            (5)   Maintain and update the list, or a link to the list,
30      of certified deconstruction contractors in this Commonwealth

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 1      on the publicly accessible Internet website of the
 2      department.
 3      (b)   Discretionary actions.--The department may permit labor
 4   unions, working in conjunction with the department, to develop
 5   and conduct deconstruction training programs that meet the
 6   standards established by the department in accordance with
 7   subsection (a)(4)(i). A contractor that successfully completes a
 8   department-approved labor union training program shall receive
 9   certification from the department, in which case subsection (a)
10   (4)(iii)(A) shall apply.
11   Section 805.     Demolition permit application.
12      An application for a demolition permit under this chapter for
13   a primary dwelling structure shall not be considered complete
14   unless the application is accompanied by a completed
15   predeconstruction form provided by the municipal code official,
16   including a list of targeted salvageable materials and final
17   destinations, or by a municipal code official-approved exemption
18   issued under section 810.
19   Section 806.     Assessments to determine deconstruction or
20                  demolition.
21      A municipal code official for the municipality in which the
22   subject primary dwelling structure is located shall perform an
23   assessment of the primary dwelling structure and determine if
24   the primary dwelling structure shall undergo deconstruction
25   rather than demolition. The assessment:
26            (1)   Shall apply to all demolition, renovation or other
27      construction projects.
28            (2)   May include input from the municipal government in
29      which the primary dwelling structure is located and any
30      relevant historical commission or organization in the

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 1      municipality or county in which the primary dwelling
 2      structure is located.
 3   Section 807.     Participation of certified deconstruction
 4                  contractors.
 5      Regarding the need for a certified deconstruction contractor
 6   during deconstruction:
 7            (1)   Deconstruction may only be performed by a certified
 8      deconstruction contractor.
 9            (2)   At least one certified employee of the contractor
10      shall be present on the job site when activities related to
11      deconstruction are underway.
12   Section 808.     Heavy machinery.
13      (a)   Permissible use.--Heavy machinery may be used in
14   deconstruction to assist in the salvage of materials for reuse
15   or to remove material not required to be salvaged for reuse.
16      (b)   Prohibited use.--Heavy machinery may not be used in
17   deconstruction to remove or dismantle components of buildings in
18   ways that render building components unsuitable for salvage.
19   Section 809.     Documentation.
20      (a)   Receipts.--A deconstruction permit holder shall maintain
21   receipts for donation, sale, recycling and disposal of all
22   materials for a deconstruction project.
23      (b)   Photographs.--Materials that are intended for reuse on-
24   site, or that are disposed of during a deconstruction project
25   and for which no receipt for disposal is obtainable, shall be
26   documented with photographs.
27      (c)   Inspection.--A municipal code official for a
28   municipality may at any time request that a deconstruction
29   permit holder working in the municipality produce the receipts
30   or photographs specified in this section.

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 1   Section 810.     Exemptions.
 2      (a)     Exempted circumstances.--The following are exempt from
 3   the requirements of this chapter:
 4            (1)   The moving of a building.
 5            (2)   A primary building structure that the municipal code
 6      official has determined unsuitable for deconstruction if
 7      either of the following are true:
 8                  (i)    The structure is structurally unsafe or is
 9            otherwise hazardous to the health, safety or welfare of
10            the public and too unsafe or hazardous for
11            deconstruction.
12                  (ii)    Most or a substantial portion of the material
13            in the structure is not suitable for reuse.
14      (b)     Request for exemption.--A municipal code official shall
15   make the final determination of exemption based on evidence
16   submitted by the applicant and an inspection to confirm
17   conditions and unsuitability. A demolition permit may not be
18   issued until the final determination is made on the exemption
19   request.
20   Section 811.     Enforcement and penalties.
21      (a)     Amount of civil penalties.--A person that violates this
22   chapter shall be subject to the following penalties, which shall
23   be enforced by and payable to the municipality in which the
24   violation occurred:
25            (1)   For a first violation, a civil penalty of up to
26      $1,000.
27            (2)   For a second violation, a civil penalty of up to
28      $2,000.
29            (3)   For a third or subsequent violation, a civil penalty
30      of up to $3,000.

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 1      (b)   Frequency of civil penalties.--Civil penalties under
 2   subsection (a) may be imposed on a per month, per day or per
 3   incident basis as determined by the municipality.
 4      (c)   Heavy machinery penalties.--Improper use of heavy
 5   machinery in violation of this chapter shall be subject to a
 6   penalty of up to $20,000 and shall be enforced and payable to
 7   the municipality in which the violation occurred.
 8      (d)   Additional enforcement actions for certified
 9   deconstruction contractors.--The department may impose the
10   following additional penalties on a certified deconstruction
11   contractor:
12            (1)   For a first violation of this chapter, the removal
13      from the list of certified deconstruction contractors for up
14      to six months.
15            (2)   For a second violation of this chapter, the removal
16      from the list of certified deconstruction contractors for up
17      to 12 months.
18            (3)   For a third or subsequent violation of this chapter,
19      the removal from the list of certified deconstruction
20      contractors for an indefinite period. The contractor may not
21      apply for reinstatement to the list of certified
22      deconstruction contractors for a period of at least 18
23      months.
24            (4)   If a deconstruction contractor falsely advertises or
25      otherwise falsely portrays the deconstruction contractor as a
26      certified deconstruction contractor, a fine of up to $10,000
27      per occurrence.
28   Section 812.    Stop work orders.
29      When necessary to obtain compliance with this chapter, a
30   municipal code official may issue a stop work order requiring

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 1   that all work, except work directly related to the elimination
 2   of the violation, be immediately and completely stopped. The
 3   following apply:
 4            (1)   If the municipal code official issues a stop work
 5      order, activity subject to the order may not be resumed until
 6      the municipal code official gives specific approval in
 7      writing.
 8            (2)   As follows:
 9                  (i)    Subject to subparagraph (ii), the stop work
10            order shall be in writing and posted at a conspicuous
11            location at the worksite.
12                  (ii)    When an emergency condition exists, the stop
13            work order may be issued orally, followed by a written
14            stop work order as soon as practicable.
15            (3)   A person may not remove, obscure, mutilate or
16      otherwise damage a stop work order.
17   Section 813.     Inspections.
18      (a)   Authorization.--A municipal code official may conduct
19   inspections whenever:
20            (1)   necessary to determine compliance with this chapter
21      or enforce any provision of this chapter; or
22            (2)   the municipal code official has reasonable cause to
23      believe that there exists a violation of this chapter.
24      (b)   Credentials.--If a responsible party is at the worksite
25   when an inspection is occurring, the municipal code official
26   conducting the inspection shall present proper credentials to
27   the responsible party and request entry.
28      Section 2.        This act shall take effect in 60 days.




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