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04/19/2024 09:27 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20150&cosponId=20292
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House of Representatives
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: May 24, 2016 04:19 PM
From: Representative Eli Evankovich
To: All House members
Subject: Consumer Choice For 3rd Party Inspectors
 
Please find attached legislation I plan to introduce in the very near future to give builders/property owners more choice in selecting code officials to perform plan review/inspection services in municipalities which have a single third-party agency enforcing the Uniform Construction Code (UCC). My legislation amends the PA Construction Code Act (Act 45 of 1999) to allow builders/property owners to use any certified third party agency for a project if they pay a surcharge (of up to 10% of total fees assessed for code enforcement services) to the municipality.

Over 90% of Pennsylvania's 2,562 municipalities have elected to administer and enforce the UCC locally, using their own employees, joint administration, or via certified third party agencies (private code enforcement agencies) that they have retained. 60% of the “opt-in” municipalities enforce the UCC by contracting with private companies (third party agencies) to perform code enforcement duties, with many such arrangements establishing enforcement with just one third party agency. My legislation only applies to the “exclusive” third party agency enforcement situations.

I know many House members that have heard complaints from their constituents about monopolistic code enforcement arrangements by private companies. Complaints range from high fees assessed, rude treatment, slow service, incorrect interpretations of code requirements, etc. Quite frankly, code officials have an immense amount of power over property because without a certificate of occupancy issued, a building project is worthless. This amount of power can lead to abuse by code officials. At the very minimum, we should not subject our constituents to situations where there is a monopoly on such services by “for profit” companies; providing choice will force third party agencies to compete, and provide better service.

Various bills have already been introduced on this subject. I believe my bill offers a “middle ground” that still permits municipalities to designate a single third party agencies to enforce the UCC, but allows the municipality/third party agency to be compensated if their services are not used.

It is important to note that my legislation has no effect on municipalities that have their own indigenous code enforcement program such as Philadelphia or Pittsburgh.

My legislation is supported by the Pennsylvania Builders Association and, I believe, the general public.

View Attachment


Introduced as HB2143