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The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“Addition.” An extension or increase in floor area or height of a building or structure.
“Advisory board.” The Accessibility Advisory Board created in section 106. 1
“Agricultural building.” A structure utilized to store farm implements, hay, feed, grain or other agricultural or horticultural products or to house poultry, livestock or other farm animals, a milk house and a structure used to grow mushrooms, agricultural or horticultural products. The term includes a carriage house owned and used by members of a recognized religious sect for the purposes of housing horses and storing buggies. The term includes a structure that is less than 1,000 square feet in size which is utilized to process maple sap. The term shall not include habitable space or spaces in which agricultural products are processed, treated or packaged and shall not be construed to mean a place of occupancy by the general public.
“Agricultural commodity.” Any of the following, transported or intended to be transported in commerce:
(1) Agricultural, aquacultural, horticultural, floricultural, viticultural or dairy products.
(2) Livestock and the products of livestock.
(3) Ranch-raised fur-bearing animals and the products of ranch-raised fur-bearing animals.
(4) The products of poultry or bee raising.
(5) Forestry and forestry products.
(6) Products raised or produced on farms intended for human consumption and the processed or manufactured products of such products intended for human consumption.
“Alteration.” Any construction or renovation to an existing structure other than repair or addition.
“Board of appeals.” The body created by a municipality or more than one municipality to hear appeals from decisions of the code administrator as provided for by regulations promulgated by the department.
“BOCA.” Building Officials and Code Administrators International, Inc.
“Code administrator.” A municipal code official, a construction code official, a third-party agency or the Department of Labor and Industry.
“Collective codes.” The term includes:
(1) Provisions of the ICC codes specified in 34 Pa. Code § 403.21 (relating to Uniform Construction Code).
(2) Any other sections of the ICC codes which were previously subject to review by the council whether or not those sections were incorporated into the Uniform Construction Code or specified in 34 Pa. Code § 403.21.
“Construction code official.” An individual certified by the Department of Labor and Industry in an appropriate category established pursuant to section 701(b) 2 to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations in such code category under this act or related acts.
“Council.” The Uniform Construction Code Review and Advisory Council established under this act.
“Department.” The Department of Labor and Industry of the Commonwealth.
“Existing sections.” All sections of the collective codes that have been incorporated into the Uniform Construction Code that are currently in effect at the time of review by the council pursuant to section 108. 3
“Habitable space.” Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces and similar areas shall not be construed as habitable spaces.
“Health care facility.” As defined in section 802.1 of the act of July 19, 1979 (P.L. 130, No. 48), 4 known as the Health Care Facilities Act.
“ICC.” The International Code Council.
“Industrial Board.” The Industrial Board under sections 445 and 2214 of the act of April 9, 1929 (P.L. 177, No. 175), 5 known as The Administrative Code of 1929, which hears requests for variances and extensions of time and appeals of decisions of the Department of Labor and Industry under the Uniform Construction Code.
“Industrialized housing.” The term shall have the meaning ascribed to it in the act of May 11, 1972 (P.L. 286, No. 70), 6 known as the Industrialized Housing Act.
“Manufactured housing.” Housing which bears a label, as required by and referred to in the act of November 17, 1982 (P.L. 676, No. 192), 7 known as the Manufactured Housing Construction and Safety Standards Authorization Act, certifying that it conforms to Federal construction and safety standards adopted under the Housing and Community Development Act of 1974 (Public Law 93-383, 88 Stat. 633).
“Municipal code official.” An individual employed by a municipality or more than one municipality and certified by the Department of Labor and Industry under this act to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations under this act or related acts.
“Municipality.” A city, borough, incorporated town, township or home rule municipality.
“NCSBCS.” The National Conference of State Building Codes and Standards.
“Occupancy.” The purpose for which a building, or portion thereof, is used.
“Producer.” A person engaged within this Commonwealth or a production area within this Commonwealth in the business of producing agricultural commodities or causing agricultural commodities to be produced.
“Recreational cabin.” A structure which is:
(1) utilized principally for recreational activity;
(2) not utilized as a domicile or residence for any individual for any time period;
(3) not utilized for commercial purposes;
(4) not greater than two stories in height, excluding basement;
(5) not utilized by the owner or any other person as a place of employment;
(6) not a mailing address for bills and correspondence; and
(7) not listed as an individual's place of residence on a tax return, driver's license, car registration or voter registration.
“Repair.” The reconstruction or renewal of any part of an existing building for the purpose of its maintenance.
“Residential building.” Detached one-family and two-family dwellings and multiple single-family dwellings which are not more than three stories in height with a separate means of egress which includes accessory structures.
“Secretary.” The Secretary of Labor and Industry of the Commonwealth.
“State institutions.” As defined in section 901 of the act of June 13, 1967 (P.L. 31, No. 21), 8 known as the Public Welfare Code.
“Technically infeasible.” An alteration of a building or a facility that has little likelihood of being accomplished because the existing structural conditions require the removal or alteration of a load-bearing member that is an essential part of the structural frame or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility.
“Third-party agency.” A person, firm or corporation certified by the Department of Labor and Industry as a construction code official and contracted to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations under this act.
“Uncertified building.” An existing building which, prior to April 9, 2004, was not approved for use and occupancy by the Department of Labor and Industry or a municipality which was enforcing a building code. The term does not include a residential building.
“Uniform Construction Code.” The code established in section 301. 9
“Unopposed sections.” Any and all updated sections that:
(1) Do not receive a public comment recommending modification or rejection pursuant to section 108(a)(3)(ii).
(2) Are not selected for further review by a technical advisory committee pursuant to section 108(a)(3)(v).
(3) Are not selected for further review by the council pursuant to section 108(a)(3)(ix)(A).
“Updated sections.” Any and all sections of the newest editions of the ICC codes subject to review by the council under section 108(a)(1) that are different from, added to or deleted from the immediately preceding editions of the ICC codes. Each updated section shall be referenced by the section number assigned to such section by the ICC codes.
“Utility and miscellaneous use structures.” Buildings or structures of an accessory character and miscellaneous structures not classified by the Building Officials and Code Administrators International, Inc., in any specific use group. The term includes carports, detached private garages, greenhouses and sheds having a building area less than 1,000 square feet. The term does not include swimming pools or spas.
Cite this article: FindLaw.com - Alabama Code Title 36. Public Officers and Employees § 36-27-70 - last updated January 01, 2019 | https://codes.findlaw.com/al/title-36-public-officers-and-employees/al-code-sect-36-27-70/
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