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PRINTER'S NO. 3935
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2586
Session of
2020
INTRODUCED BY SANCHEZ, KINSEY, FREEMAN, HANBIDGE, ROZZI,
DELLOSO, HOWARD, NEILSON, HILL-EVANS AND CIRESI,
JUNE 15, 2020
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 15, 2020
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in local organizations and services,
further providing for general authority of political
subdivisions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7501 of Title 35 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
ยง 7501. General authority of political subdivisions.
* * *
(d.1) Tolling of permits.--For each political subdivision
included in a declaration of disaster emergency declared by the
Governor under section 7301 (relating to general authority of
Governor), the declaration of emergency shall toll the period
remaining to exercise the rights under a permit for the duration
of the declaration of disaster emergency. The declaration of
disaster emergency shall extend the period remaining to exercise
the rights under a permit or other authorization for 90 days in
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addition to the tolled period. The provisions of this subsection
shall apply to the expiration of a building permit or other
permit issued by a political subdivision. The following shall
apply:
(1) Within 30 days after the termination of the
declaration of disaster emergency, the holder of a permit or
other authorization shall notify the issuing authority of the
intent to exercise the tolling and extension granted under
this subsection. The notice must be in writing and identify
the specific permit qualifying for extension.
(2) This subsection shall not apply to:
(i) A permit for a building, improvement or
development located outside the geographic area for which
the declaration of disaster emergency applies.
(ii) A permit under any programmatic or regional
general permit issued by the Army Corps of Engineers.
(iii) The holder of a permit who is determined by
the authorizing agency to be in significant noncompliance
with the conditions of the permit through the issuance of
a warning letter or notice of violation, the initiation
of formal enforcement or equivalent action.
(iv) A permit or other authorization that is subject
to a court order specifying an expiration date that would
be in conflict with the extensions granted in this
section.
(3) A permit that is extended shall be governed by the
laws, administrative rules and ordinances in effect when the
permit was issued, unless any party or the issuing authority
demonstrates that operating under those laws, administrative
rules or ordinances will create an immediate threat to public
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health or safety.
(4) This subsection shall not restrict a municipality
from requiring property to be maintained and secured in a
safe and sanitary condition in compliance with applicable
laws, administrative rules or ordinances.
* * *
Section 2. This act shall take effect immediately.
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