Amendment 8519 to House Bill 1469 P.N. 2186, Regular Session 2017-2018

H1469B2186A08519 DMS:CMD 06/21/18 #90 A08519

AMENDMENTS TO HOUSE BILL NO. 1469

Sponsor: SENATOR LAUGHLIN

Printer's No. 2186

Amend Bill, page 1, lines 7 and 8, by striking out "; AND, IN

TRAINING AND CERTIFICATION OF INSPECTORS, FURTHER PROVIDING FOR

TRAINING OF INSPECTORS"

Amend Bill, page 1, lines 16 through 20; pages 2 through 7,

lines 1 through 30; page 8, lines 1 through 21; by striking out

all of said lines on said pages and inserting

Section 1. Section 501(b)(1), (2) and (3) and (c) of the act

of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania

Construction Code Act, are amended and the section is amended by

adding subsections to read:

Section 501. Administration and enforcement.

* * *

(b) Municipal administration and enforcement.--This act may

be administered and enforced by municipalities in any of the

following ways:

(1) By the designation of an employee to serve as the

municipal code official to act on behalf of the municipality

for administration and enforcement of this act. A municipal

code official may utilize third-party agencies to supplement

the municipal code enforcement program's plan review and

inspection services or may utilize third-party agencies to

perform plan review and inspection services in categories

which its program does not possess the necessary personnel to

administer.

(2) By the retention of one or more construction code

officials or third-party agencies to act on behalf of the

municipality for administration and enforcement of this act.

This paragraph shall expire June 30, 2019.

(2.1) On and after July 1, 2019, by the retention of two

or more third-party agencies to act on behalf of the

municipality for administration and enforcement of this act.

(3) Two or more municipalities may provide for the joint

administration and enforcement of this act through an

intermunicipal agreement under 53 Pa.C.S. Ch. 23 Subch. A

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(relating to intergovernmental cooperation). Any

intermunicipal agreement that provides for exclusive

enforcement by a third-party agency shall be in writing and

conform to paragraph (2.1) on and after July 1, 2019.

* * *

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

agencies.--A municipality opting to administer and enforce this

act by retaining two or more third-party agencies under

subsection (b)(2.1) shall be subject to the following

requirements:

(1) The services of the third-party agencies shall be

furnished and performed under written professional services

contracts with the municipality.

(2) In entering into professional services contracts

under this subsection, the governing body of the municipality

shall take into consideration all of the following:

(i) The qualifications of the third-party agency.

(ii) The fee schedule.

(iii) The availability of services.

(iv) The input of affected stakeholders.

(3) Third-party agencies contracting with the

municipality under this subsection may not be affiliated with

one another.

(4) One of the third-party agencies contracting with the

municipality under this subsection shall be designated as the

enforcement agent for the municipality for general code

enforcement actions.

(5) A professional services contract between a

municipality and a third-party agency in effect before the

effective date of this subsection shall remain in effect and

the provisions of subsection (b)(2.1) shall take effect upon

the expiration of the original terms of the professional

services contract.

(6) A professional services contract entered into

between a municipality and a third-party agency on or after

the effective date of this subsection may not exceed three

years.

(b.2) Waiver.--If a municipality opts to administer and

enforce this act under subsection (b)(2.1) but cannot obtain an

offer from a qualified third-party agency to fulfill the need to

have at least two third-party agencies, the municipality may be

relieved from the requirement of retaining two third-party

agencies by completing a certification form, subject to the

following:

(1) The municipality must complete the certification

form before the contract with the selected third-party agency

is executed and must maintain the form throughout the life of

the contract with the third-party agency.

(2) The certification form must be completed annually.

(3) A copy of the certification form must be filed with

the department. The department shall maintain a list of

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municipalities that have filed a certification form on the

department's publicly accessible Internet website.

(4) The department shall furnish the certification form

which must:

(i) Require the municipality to disclose the methods

and dates of the public solicitation. For purposes of

meeting this requirement, the municipality shall

advertise requests for proposals and announce the

solicitation at a public meeting.

(ii) Require the municipality to disclose the number

of qualified bids received to the public solicitation.

(iii) Contain a statement that the information

provided by the municipality is in compliance with 18

Pa.C.S. § 4904 (relating to unsworn falsification to

authorities).

(iv) Contain a statement that the department does

not have the discretion to deny waiver requests.

(b.3) Duties of municipalities.--If a municipality contracts

with third-party agencies for the administration and enforcement

of this act, the municipality shall:

(1) Ensure that the form utilized for a permit

application notifies an applicant of all of the following:

(i) The third-party agency is acting on behalf of

the municipality.

(ii) An applicant may inform the governing body of

complaints about the third-party agencies' services,

including reports of incompetence or gross negligence, a

failure to abide by a time period specified under this

act, unprofessional behavior or discrimination based on

personal bias against the applicant.

(iii) The department certifies third-party agencies

and investigates 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 that includes the form for filing a

complaint under subparagraph (iii).

(2) Maintain a record of complaints submitted under

paragraph (1)(ii).

(1) A municipality which has adopted an ordinance for

the administration and enforcement of this act or

municipalities which are parties to an agreement for the

joint administration and enforcement of this act shall

establish or designate a board of appeals as provided by

regulations promulgated by the department to hear appeals

from decisions of the code administrator[.] subject to the

following:

(i) Members of the municipality's governing body may

not serve as members of the board of appeals.

(ii) A municipality may establish a board of appeals

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or may establish or designate a joint board of appeals in

accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to

intergovernmental cooperation).

(iii) A city of the first class may designate an

existing departmental board that has jurisdiction over

building standard appeals to act as the board of appeals

of the city of the first class and advise the appropriate

department that oversees building standards as to whether

an appeal should be granted, modified or rejected. The

department shall render final decision on requests for

appeal.

* * *

Amend Bill, page 8, line 22, by striking out "3" and

inserting

Amend Bill, page 8, by inserting between lines 24 and 25

Section 3. The amendment of section 501(b)(3) of the act

shall apply to intermunicipal agreements entered into on and

after the effective date of this section.

Amend Bill, page 8, line 25, by striking out "in 60 days" and

inserting

immediately

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