PRINTER'S NO. 1674
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1543
Session of
2021
INTRODUCED BY ZIMMERMAN, T. DAVIS, ROZZI, GREINER, HILL-EVANS,
MALONEY, JONES AND MILLARD, JUNE 3, 2021
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 3, 2021
AN ACT
Amending Title 11 (Cities) of the Pennsylvania Consolidated
Statutes, in city engineer, further providing for appointment
of city engineer, providing for waiver and further providing
for control of engineering matters, for duties, for
certifying commencement and completion of municipal
improvements and for entering upon property for surveys; in
surveys and surface support in coal mining areas, further
providing for survey of mines and for operators to furnish
maps and contents; and, in corporate powers, further
providing for regulation of division fences, party walls and
foundations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 11501 of Title 11 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 11501. Appointment of city [engineer] engineers.
[Council shall provide for the manner of appointment and
compensation of the city engineer. The] Subject to section
11501.1 (relating to waiver), council shall appoint, through a
competitive bid process, and determine the compensation of at
least two city engineers. A city engineer shall be a registered
professional engineer in this Commonwealth and shall serve at
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the pleasure of council. Nothing in this section shall be
construed to prohibit council from designating an engineering
firm of registered professional engineers from performing the
duties and functions of [the] a city engineer.
Section 2. Title 11 is amended by adding a section to read:
§ 11501.1. Waiver.
(a) Waiver of requirement and certification form.--If
council cannot obtain offers from qualified registered
professional engineers to fulfill the requirement under section
11501 (relating to appointment of city engineers) to appoint at
least two city engineers, council may be relieved from the
requirement by completing a certification form, subject to the
following:
(1) Council must complete the certification form before
the contract with the selected city engineer is executed and
must maintain the form throughout the life of the contract
with the city engineer.
(2) The certification form must be completed annually.
(3) A copy of the certification form must be filed with
the department.
(4) The department shall furnish the certification form,
which must:
(i) Require council to disclose the methods and
dates of the public solicitation. For purposes of meeting
this requirement, council shall advertise requests for
proposals and announce the solicitation at a public
meeting.
(ii) Require council to disclose the number of
qualified bids received to the public solicitation.
(iii) Contain a statement that the information
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provided by council 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) 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:
"Department." The Department of Labor and Industry of the
Commonwealth.
Section 3. Sections 11502, 11503 introductory paragraph and
(7), 11504(a) introductory paragraph, 11505, 12203(a)
introductory paragraph, 12204 and 12413(a)(1) of Title 11 are
amended to read:
§ 11502. Control of engineering matters.
[The] A city engineer shall have the supervision, direction
and control of the engineering matters of the city. Unless
authorized by council, a department of the city may not employ
or retain any additional engineers.
§ 11503. Duties.
As authorized by council, engineering work undertaken by the
city shall be performed or supervised by [the] a city engineer
or by another registered professional engineer employed by the
city for a particular purpose. The duties of [the] a city
engineer may include all of the following:
* * *
(7) Making reports, as deemed expedient by [the] a city
engineer or as council shall direct, of the surveys and plans
of city streets in convenient locations without awaiting the
completion of the entire survey.
* * *
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§ 11504. Certifying commencement and completion of municipal
improvements.
(a) Certification.--Within a reasonable time after the
completion of any municipal improvement, the cost and expense of
which, in whole or in part, is to be paid by the abutting
property owner, [the] a city engineer or employees designated by
[the] a city engineer shall:
* * *
§ 11505. Entering upon property for surveys.
For the purposes of carrying out authorized surveys, laying
out streets or other engineering work of the city, [the] a city
engineer or other persons engaged in city engineering work may
enter upon any property occupied by any person within the city.
§ 12203. Survey of mines.
(a) General rule.--For the purpose of conducting a survey as
may be required by council, [the] a city engineer or other
registered professional engineer employed by the city may:
* * *
§ 12204. Operators to furnish maps and contents.
The owner, operator or superintendent of a coal mine or
colliery within the limits of the city, in whole or in part,
shall, at the request of council, make or cause to be made and
furnished to [the] a city engineer an accurate map or plan of
the workings or excavations of each coal mine or colliery within
the limits of the city.
§ 12413. Regulation of division fences, party walls and
foundations.
(a) Authority.--
(1) Subject to the provisions of and regulations adopted
pursuant to the Pennsylvania Construction Code Act and other
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applicable law, council may provide regulations for party
walls and division fences, the foundations of buildings and
entering upon the land or lands, lot or lots, of any person
within the city at all reasonable hours by [its] a duly
appointed city engineer or building inspectors in order to
enforce the regulations and set out foundations.
* * *
Section 4. This act shall take effect in 60 days.
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