PRINTER'S NO. 429
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
443
Session of
2019
INTRODUCED BY SONNEY, JAMES, MACKENZIE, MILLARD AND RYAN,
FEBRUARY 11, 2019
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 11, 2019
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 a subsection to read:
Section 501. Administration and enforcement.
* * *
(b.1) Exclusive enforcement by third-party agency.--In
municipalities which have opted under subsection (b)(2) to
retain the services of one third-party agency to enforce this
act, the following shall apply:
(1) A permit applicant shall have the right to utilize
any code official certified in the appropriate category of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
certification to conduct required inspections, including the
final inspection. A permit applicant shall notify the
exclusive third-party agency of what certified code officials
are being utilized for inspections.
(2) The third-party agency shall accept a report
submitted under paragraph (1), except if the third-party
agency files a complaint with the department alleging that
the report is the result of an action under 34 Pa. Code ยง
401.14 (relating to decertification or refusal to certify),
in which case the third-party agency may reject the report
that is the subject of the complaint.
(3) The third-party agency shall be immune from any
civil liability associated with reports submitted by
certified code officials not employed or contracted by the
third-party agency.
(4) A professional services contract between a
municipality and the third-party agency for the exclusive
administration and enforcement of the act in effect on the
effective date of this subsection shall remain in effect and
the provisions of this subsection shall apply upon the
expiration of the original terms of the professional services
contract.
* * *
Section 2. This act shall take effect immediately.
20190HB0443PN0429 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24