PRINTER'S NO. 3134
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1957
Session of
2015
INTRODUCED BY PYLE, HEFFLEY, MILLARD, ZIMMERMAN AND OBERLANDER,
APRIL 8, 2016
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, APRIL 8, 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 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 of the act of November 10, 1999
(P.L.491, No.45), known as the Pennsylvania Construction Code
Act, is amended by adding subsections to read:
Section 501. Administration and enforcement.
* * *
(b.1) Local referendum on code enforcement.--
(1) In municipalities that opt, pursuant to subsection
(b)(2), to contract with only one third-party agency to
administer and enforce this act, a referendum may be
initiated by the general public to terminate the arrangement.
The referendum shall require that the governing body contract
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with at least three unrelated third-party agencies to provide
plan review and inspection services for the enforcement and
administration of this act.
(2) A referendum conducted under paragraph (1) must be
initiated by petition of electors, with petitions containing
signatures of at least 5% of the number of electors voting
for the office of Governor in the last gubernatorial general
election in the municipality, with the petition being filed
with the board of elections of the county in which the
municipality, or the greater portion of its territory, is
located.
(3) A petition shall set forth:
(i) The name of the municipality from which the
signers of the petition were obtained.
(ii) The name of the municipality to be affected.
(iii) A petition question, which shall read as
follows:
Shall (name of affected municipality) retain a
list of at least three certified third-party
agencies from which residents may select to
perform plan review and inspection services
associated with a construction permit, as
required by the Pennsylvania Construction Code
Act?
(4) The petition shall be filed with the county board of
elections not later than the 13th Tuesday prior to the next
primary, municipal or general election. The petition and
proceedings on the petition shall be conducted in the manner
and subject to the provisions of the election laws that
relate to the signing, filing and adjudication of nomination
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petitions insofar as the provisions are applicable, except
that no referendum petition shall be signed or circulated
prior to the 20th Tuesday before the election, nor later than
the 13th Tuesday before the election.
(5) When the county board of elections finds that a
petition is in proper order, it shall send copies of the
petition without the signatures to the governing body of the
municipality affected by the proposed change.
(6) The petition shall be placed before the electors of
the municipality. A referendum shall be held at the first
primary, municipal or general election occurring at least 13
weeks after the date of filing of the petition.
(7) If the referendum question is approved by a majority
of the electors voting in the municipality, the municipality
shall, within one year or when the current administration and
enforcement contract expires with the third party, whichever
is less, retain a list of at least three third-party agencies
that the general public may utilize for purposes of
administration and enforcement of this act with respect to a
construction permit.
(8) There shall be a five-year moratorium on voting the
same question if the referendum question is not approved by a
majority of voters.
* * *
(i) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Electors." The registered voters of a municipality.
Section 2. This act shall take effect in 60 days.
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