H1469B2016A02371 AJB:CDM 06/27/17 #90 A02371
AMENDMENTS TO HOUSE BILL NO. 1469
Sponsor: REPRESENTATIVE HARPER
Printer's No. 2016
Amend Bill, page 1, line 7, by striking out the period after
"enforcement" and inserting
; and, in training and certification of inspectors, further
providing for training of inspectors.
Amend Bill, page 1, lines 10 through 12, by striking out all
of said lines and inserting
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:
Amend Bill, page 2, by inserting between lines 23 and 24
Section 701. Training of inspectors.
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(h.1) Code administrator complain ts.--The follow ing apply:
(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 ยง 401.14 (relating to
decertification or refusal to certify).
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(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.
(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.
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