Trial Engrossment of Amendment A02371 to House Bill 1469 P.N. 2016, Regular Session 2017-2018

A02371

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1469

Session of

2017

INTRODUCED BY HEFFLEY, McGINNIS, MILLARD, MALONEY, PHILLIPS-

HILL, COX, WHEELAND AND ZIMMERMAN, MAY 31, 2017

AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 14, 2017

AN ACT

Amending the act of November 10, 1999 (P.L.491, No.45), entitled

"An act establishing a uniform construction code; imposing

powers and duties on municipalities and the Department of

Labor and Industry; providing for enforcement; imposing

penalties; and making repeals," in adoption and enforcement

by municipalities, further providing for administration and

enforcement.; and, in training and certification of

inspectors, further providing for training of inspectors.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 501 of the act of November 10, 1999

(P.L.491, No.45), known as the Pennsylvania Construction Code

Act, is amended by adding a subsection to read:

Section 1. Sections 501 and 701 of the act of November 10,

1999 (P.L.491, No.45), known as the Pennsylvania Construction

Code Act, are amended by adding subsections to read:

Section 501. Administration and enforcement.

* * *

(b.1) Administration and enforcement by third-party

agencies.-- If a municipality contracts with one or more third-

party agencies for the administration and enforcement of this

act, the municipality shall have the following duties:

(1) E nsuring that the form utilized for a permit

application notifies an applicant of all of the following:

(i) The authority of a third-party agency exists as

a result of a contract approved by the governing body of

the municipality, or as a result of intermunicipal

agreement under 53 Pa.C.S. Ch. 23 Subch. A entered into

by the municipality.

(ii) An applicant may inform the governing body of

the municipality of complaints about a third-party

agency's services, including reports of incompetence or

gross negligence, a failure to abide by a time period

specified under this act, rude or unprofessional behavior

or discrimination based on personal bias against the

applicant.

(iii) The department certifies third-party agencies

and investigates complaints about service, including

complaints due to violations of this act, incompetence or

gross negligence, fraud, deceit or acts of moral

turpitude.

(IV) THE DEPARTMENT HAS A PUBLICLY ACCESSIBLE

INTERNET WEBSITE WHICH INCLUDES THE FORM FOR FILING A

COMPLAINT ABOUT SERVICE UNDER SUBPARAGRAPH (III).

(2) Maintaining a record of complaints submitted under

paragraph (1)(ii).

* * *

Section 701. Training of inspectors.

* * *

(h.1) Code administrator complain ts.--The follow ing apply:

A02371 - 2 -

(1) The department shall accept and review a complaint

submitted by a building permit applicant about a code

administrator and the secretary shall have the discretion to

enforce remedial actions if necessary, including actions to

decertify the code administrator or revoke the code

administrator's certification for a period of time as

determined by the secretary. The department shall review a

complaint about a code administrator regarding any of the

following allegations:

(i) Incompetence, negligence or unethical conduct.

(ii) Failure to abide by a deadline specified under

this act for a code enforcement action which results in

an unduly delay in the progress of a project.

(iii) Duplicative, undisclosed or exorbitant fees

assessed as a result of a code enforcement action.

(iv) An interpretation of the Uniform Construction

Code which demonstrates professional incompetence or

differs from standard practice, including the

establishment of a different requirement after plan

approval.

(v) A violation of 34 Pa. Code § 401.14 (relating to

decertification or refusal to certify).

(2) After reviewing a complaint as specified under

paragraph (1), the department shall have the following

duties:

(i) Notifying the municipality where the code

administrator subject to the complaint is being utilized

as to the existence of the complaint and recommending

remedial actions that the department determines to be

necessary to correct deficiencies.

A02371 - 3 -

(ii) Notifying the code administrator who is the

subject of the complaint.

(iii) Investigating the complaint.

(3) The secretary may issue an order to a municipality

to allow a building permit holder who submitted a complaint

under this subsection to utilize another third-party agency

of the building permit holder's choice for any remaining code

enforcement actions necessary to utilize a project. The order

may also include a provision to allow the building permit

holder to permanently utilize a third-party agency of the

permit holder's choice for future projects in the

municipality if the secretary deems that it is possible that

the building permit holder will be retaliated against for

filing a complaint to the department by a code administrator.

(4) If a building permit applicant makes a complaint to

the department concerning a third-party agency or code

administrator, the department may not disclose the identity

of the building permit holder's complaint without the

building permit holder's consent unless disclosure is

unavoidable as a result of an investigation of a code

administrator under this subsection.

(5) A code administrator may not discriminate, threaten,

coerce or otherwise retaliate against a building permit

applicant who files a complaint under this subsection. A

person who alleges a violation of this paragraph may bring a

civil action in a court of competent jurisdiction for

appropriate injunctive relief or damages within 180 days of

occurrence of the alleged violation.

* * *

Section 2. The department may issue regulations to establish

A02371 - 4 -

or clarify procedures necessary to effectuate the intent of this

act.

Section 3. This act shall take effect in 60 days.

A02371 - 5 -