Regular Session 2015-2016 House Bill 0782 P.N. 3928

PRIOR PRINTER'S NOS. 0925, 3530

PRINTER'S NO. 3928

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

782

Session of

2015

INTRODUCED BY HEFFLEY, EVERETT, KNOWLES, TOOHIL, EMRICK, TRUITT,

ZIMMERMAN, MURT, MOUL, CARROLL AND FARINA, MARCH 13, 2015

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

SEPTEMBER 26, 2016

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 PRELIMINARY PROVISIONS,

FURTHER PROVIDING FOR DEFINITIONS; AND, in adoption and

enforcement by municipalities, further providing for

administration and enforcement.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

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

Construction Code Act, amended November 29, 2006 (P.L.1440,

No.157), are amended and the section is amended by adding a

subsection to read:

SECTION 1. THE DEFINITION OF "BOARD OF APPEALS" IN SECTION

103 OF THE ACT OF NOVEMBER 10, 1999 (P.L.491, NO.45), KNOWN AS

THE PENNSYLVANIA CONSTRUCTION CODE ACT, IS AMENDED TO READ:

SECTION 103. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL

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HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

* * *

"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 [CHAPTER 1 OF THE 1999

BUILDING OFFICIALS AND CODE ADMINISTRATORS INTERNATIONAL, INC.,

NATIONAL BUILDING CODE, FOURTEENTH EDITION] THE DEPARTMENT

THROUGH REGULATION.

* * *

SECTION 2. SECTION 501(B)(1), (2) AND (3) AND (C) OF THE

ACT, AMENDED NOVEMBER 29, 2006 (P.L.1440, NO.157) AND OCTOBER

24, 2012 (P.L.1433, NO.179), ARE AMENDED AND THE SECTION IS

AMENDED BY ADDING A SUBSECTION 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

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municipality for administration and enforcement of this

act[.], except that the provisions of subsection (b.1) shall

apply if the municipality contracts with only one third-party

agency for administration and enforcement.

(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

(relating to intergovernmental cooperation)[.], except that

the provisions of subsection (b.1) shall apply if the

agreement provides for only one third-party agency for

administration and enforcement.

* * *

(b.1) Exclusive administration and enforcement.--The

following apply:

(1) If a municipality contracts with one third-party

agency for administration and enforcement of this act, an

applicant may utilize the services of another third-party

agency if the alternative third-party agency agrees to remit

a surcharge for its services to the municipality. The

surcharge shall be a percentage of the total amount of fees

charged by the alternative third-party agency. The percentage

shall be established by the municipality by ordinance as a

percentage not to exceed ten percent. If the municipality

fails to establish a surcharge as specified under this

paragraph, the surcharge shall be one percent of the total

fees charged by the alternative third-party agency for the

alternative third-party agency's services on a project.

(2) In accordance with the municipality's

overall permitting process for a project, the municipality

shall notify the applicant that the applicant may utilize the

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services of an alternative third-party agency of the

applicant's choice for the construction requirements of the

application covered by this act, including all plan review

and inspection services.

(3) The applicant shall notify the municipality and its

contracted third-party agency of its intent to utilize an

alternative third-party agency for the construction

requirements required by this act for a project. The

applicant shall provide, in its notification, the name of the

alternative third-party agency that will be utilized and

appropriate contact information.

(4) Before performing services on a project, the

alternative third-party agency being utilized by the

applicant shall notify the municipality and its contracted

third-party agency that it is performing services required by

this act on the project for the applicant. On the date of

issuance of the permit required by this act, the alternative

third-party agency shall provide the municipality and its

exclusive third-party agency with a copy of the permit issued

for the project and the approved plans of record for the

project.

(5) The applicant shall utilize the services of the

alternative third-party agency for all requirements of this

act associated with a project.

(6) On the date of issuance of the final inspection

report for a project, the alternative third-party agency

shall forward the following to the municipality and the

municipality's third-party agency:

(i) The final inspection report that was issued for

the project.

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(ii) A summary of total fees charged to the

applicant.

(iii) Payment of the surcharge assessed under

paragraph (1).

(iv) The fee required under section 703(a).

(v) Any additional documentation associated with the

project that is requested by the municipality.

(7) The municipality or its contracted third-party

agency, whichever is applicable, shall accept the final

inspection report with respect to the requirements of this

act. The contracted third-party agency shall be immune from

any civil liability associated with contents of the final

inspection report.

(8) The municipality or its contracted third-party

agency may withhold issuance of the certificate of occupancy

for a project if the alternative third-party agency fails to

comply with paragraph (6).

(9) The municipality may notify the department of a

possible violation of this act if an alternative third-party

agency fails to comply with paragraph (6). Upon receiving

notice by the municipality, the department shall conduct an

investigation. The department may consider an intentional

failure to comply with paragraph (6) as just cause for

decertification of the alternative third-party agency under

section 701(h).

(10) A professional services contract between a

municipality and a third-party agency for the

exclusive administration and enforcement of this act in

effect before the effective date of this subsection shall

remain in effect and the provisions of this subsection shall

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apply upon the expiration of the original terms of the

professional services contract.

(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

[CHAPTER 1 OF THE 1999 BOCA NATIONAL BUILDING CODE,

FOURTEENTH EDITION,] THE DEPARTMENT THROUGH REGULATION TO

HEAR APPEALS FROM DECISIONS OF THE CODE ADMINISTRATOR.

MEMBERS OF THE MUNICIPALITY'S GOVERNING BODY MAY NOT SERVE AS

MEMBERS OF THE BOARD OF APPEALS. A MUNICIPALITY MAY ESTABLISH

A BOARD OF APPEALS 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).

(2) AN APPLICATION FOR APPEAL SHALL BE BASED ON A CLAIM

THAT THE TRUE INTENT OF THIS ACT OR REGULATIONS LEGALLY

ADOPTED UNDER THIS ACT HAVE BEEN INCORRECTLY INTERPRETED, THE

PROVISIONS OF THIS ACT DO NOT FULLY APPLY OR AN EQUIVALENT

FORM OF CONSTRUCTION IS TO BE USED.

(3) WHEN A MUNICIPALITY CANNOT FIND PERSONS TO SERVE ON

A BOARD OF APPEALS WHO MEET THE MINIMUM QUALIFICATIONS [OF

CHAPTER 1 OF THE BOCA NATIONAL BUILDING CODE] ESTABLISHED BY

THE DEPARTMENT, THE MUNICIPALITY MAY FILL A POSITION ON THE

BOARD WITH A QUALIFIED PERSON WHO RESIDES OUTSIDE OF THE

MUNICIPALITY.

(4) THE FEE FOR AN APPEAL TO THE BOARD OF APPEALS FOR A

MUNICIPALITY THAT IS ADMINISTERING AND ENFORCING THIS ACT

SHALL NOT EXCEED ACTUAL COSTS OF THE PUBLIC NOTICE OF THE

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HEARING, APPEARANCE FEE FOR THE COURT REPORTER AND

ADMINISTRATIVE FEES AS NECESSARY.

(5) IN THE CASE OF AN APPEAL OR REQUEST FOR VARIANCE OR

EXTENSION OF TIME INVOLVING THE CONSTRUCTION OF A ONE-FAMILY

OR TWO-FAMILY RESIDENTIAL BUILDING, THE BOARD OF APPEALS

SHALL CONVENE A HEARING WITHIN 30 DAYS OF THE APPEAL. THE

BOARD OF APPEALS SHALL RENDER A WRITTEN DECISION TO THE

PARTIES WITHIN FIVE BUSINESS DAYS, OR WITHIN TEN BUSINESS

DAYS IN CITIES OF THE FIRST CLASS, OF THE LAST HEARING. IF

THE BOARD OF APPEALS FAILS TO ACT WITHIN THE TIME PERIOD

UNDER THIS PARAGRAPH, THE APPEAL SHALL BE DEEMED GRANTED.

* * *

Section 2 3. The department may issue regulations to

establish or clarify procedures necessary to effectuate the

intent of this act.

Section 3 4. This act shall take effect in 60 days.

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