S0269B0256A01008 AJM:EJH 04/24/17 #90 A01008
AMENDMENTS TO SENATE BILL NO. 269
Sponsor: SENATOR WARD
Printer's No. 256
Amend Bill, page 7, line 19, by inserting after "members"
who are legal residents of this Commonwealth and are
Amend Bill, page 8, line 14, by striking out "official" and
inserting
officials
Amend Bill, page 8, line 17, by striking out "possess" and
inserting
who possesses
Amend Bill, page 8, line 18, by inserting after
"certifications"
but does not need to possess a fire inspector
certification,
Amend Bill, page 8, line 19, by striking out "hold" and
inserting
who holds
Amend Bill, page 8, line 21, by striking out "have" and
inserting
has
Amend Bill, page 8, lines 22 through 24, by striking out "The
code-certified building" in line 22 and all of lines 23 and 24
Amend Bill, page 9, line 2, by inserting after "be"
a
Amend Bill, page 10, line 13, by striking out "only"
Amend Bill, page 10, line 27, by inserting after "inspector."
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A member shall present documentation to the secretary that the
member meets the qualifications of the member's appointment, and
the secretary shall maintain the documentation for public
inspection.
Amend Bill, page 11, line 1, by striking out the bracket
before the period after "vacancy"
Amend Bill, page 11, line 1, by inserting a bracket before
"If"
Amend Bill, page 11, lines 3 and 4, by striking out "and any
new council member appointed shall serve the" in line 3 and all
of line 4 and inserting
If the appointing authority fails to act within 30 business
days, the council chairperson shall appoint an individual to
fill the vacancy.
Amend Bill, page 11, line 16, by inserting after "Governor."
A council member who does not meet the qualifications of his
appointment shall be removed.
Amend Bill, page 11, line 18, by inserting a bracket before
"A"
Amend Bill, page 11, line 18, by inserting after "A"
] Except as otherwise provided under this subsection, a
Amend Bill, page 11, lines 24 through 26, by striking out all
of said lines and inserting
(2) The term of a member appointed under subsection (c)
(1), (2), (3), (4) or (5)(xvii) shall commence immediately
upon appointment and shall expire June 30, 2020, and until a
successor is appointed.
(3) A member appointed to the council before the
effective date of this section shall serve on the council
according to the following:
(i) If the member meets the qualifications as
specified under subsection (c)(5)(x) or (xiv), the member
shall fill the appointment under subsection (c)(5)(x) or
(xiv) until June 30, 2017, and until a successor is
appointed.
(ii) If the member meets the qualifications as
specified under subsection (c)(5)(i), (ii), (iv), (vi),
(viii), (ix) or (xv), the member shall fill the
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appointment under subsection (c)(5)(i), (ii), (iv), (vi),
(viii), (ix) or (xv) until June 30, 2018, and until a
successor is appointed.
(iii) If the member meets the qualifications as
specified under subsection (c)(5)(iii), (v), (vii), (xi),
(xii), (xiii) or (xvi), the member shall fill the
appointment under subsection (c)(5)(iii), (v), (vii),
(xi), (xii), (xiii) or (xvi) until June 30, 2019, and
until a successor is appointed.
(4) If a member serving the council under paragraph (3)
(i), (ii) or (iii) resigns or is removed in accordance with
subsection (e), the member's successor shall serve for the
remainder of the member's term and until a successor is
appointed.
Amend Bill, page 15, lines 9 through 12, by striking out "so
as" in line 9 and all of lines 10 through 12 and inserting
to ensure that the technical advisory committee as a
whole has, at minimum, representation from affected
contractor associations, affected building trade
organizations, the code enforcement community, the design
professional community and other relevant industries.
Amend Bill, page 15, line 21, by striking out "Decisions" and
inserting
Recommendations
Amend Bill, page 15, line 22, by inserting after "received"
and shall be non-binding
Amend Bill, page 16, line 15, by striking out "December 31"
and inserting
September 30
Amend Bill, page 16, line 16, by striking out "December 31"
and inserting
October 1
Amend Bill, page 16, line 22, by striking out all of said
line and inserting
accordance with provisions of this act, except that:
(A) the
Amend Bill, page 16, line 24, by striking out ", and except
that" and inserting
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;
(B) notwithstanding the requirements under
paragraph (3)(viii),
Amend Bill, page 16, line 25, by inserting after "which"
shall be held within 30 days after the end of
the public comment period and
Amend Bill, page 16, lines 25 and 26, by striking out the
comma after "Harrisburg" in line 25 and all of line 26 and
inserting
;
(C) the council shall not be required to
establish a technical advisory committee as required
under section 107(m) and may establish a committee
based on past practices of the council provided that
the committee shall follow the process as specified
under this act to the furthest extent practicable;
and
(D) the council may rely on technical analysis
of the 2015 edition of the triennial codes performed
by the council during the council's previous review.
Amend Bill, page 17, lines 6 through 16, by striking out
"during two meetings of the council, the first" in line 6 and
all of lines 7 through 16 and inserting
prior to commencement of the review process.
Amend Bill, page 18, lines 14 and 15, by striking out "Any
modification must further the" in line 14 and all of line 15 and
inserting
A proposed modification shall meet or exceed the
standards of the section in effect or being reviewed and
the proposed modification shall be within the standards
under review.
Amend Bill, page 20, line 25, by inserting after "group."
A motion to exclude shall only be in order if it
is supported by written explanation, made available
to the council, describing new information not
considered by the technical advisory committees and
the underlying rationale for the motion.
Amend Bill, page 20, lines 28 through 30; page 21, line 1; by
striking out "There shall be no limit to" in line 28, all of
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lines 29 and 30 on page 20 and "group." in line 1 on page 21
Amend Bill, page 21, line 3, by striking out "deemed"
Amend Bill, page 21, line 3, by striking out "unless
rejected"
Amend Bill, page 21, line 4, by striking out "two-thirds"
Amend Bill, page 21, line 4, by striking out the period after
"council" and inserting
members. If unopposed sections fail to be
adopted by a majority vote, the council shall conduct
a subsequent vote to reject unopposed sections by a
two-thirds majority vote of the council members. If
the council fails to reject unopposed sections by a
two-thirds majority vote, the unopposed sections
shall be adopted.
Amend Bill, page 21, lines 7 through 11, by striking out "For
each" in line 7 and all of lines 8 through 11
Amend Bill, page 21, lines 16 through 20, by striking out "If
the council's decision" in line 16 and all of lines 17 through
20 and inserting
A modification shall meet or exceed the
standards of the section in effect or being reviewed,
and the modification shall be within the standards
under review.
Amend Bill, page 21, line 30, by striking out "June" and
inserting
May
Amend Bill, page 22, line 20, by striking out "December 31"
and inserting
October 1
Amend Bill, page 25, line 22, by striking out "$5" and
inserting
$4.50
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Amend Bill, page 25, line 30, by inserting after "Account."
The department shall separately account for revenue and
spending for each account.
Amend Bill, page 26, lines 6 through 12, by striking out all
of said lines and inserting
(i) Forty-two and one-half percent of the fee shall
be deposited in the Municipal Code Official Training
Account for the purpose of education and training
programs for municipal code officials and individuals
employed by third-party agencies under contract to a
municipality.
(ii) Fifteen percent of the fee shall be deposited
in the Review and Advisory Council Administration Account
for the following purposes:
(A) expenses of the council as authorized under
section 107(l);
(B) technical assistance as provided under
section 107(k);
(C) administrative assistance as provided under
section 107(j);
(D) fees associated with contracting with the
ICC to establish and publish code manuals that
contain the standards of the Uniform Construction
Code as provided under section 304(a)(4); and
(E) as otherwise determined necessary by the
department as money is available.
(iii) Forty-two and one-half percent of the fee
shall be deposited in the Construction Contractor
Training Account for a Pennsylvania-based housing
research center located at a land grand university for
the construction industry. To assure the programs meet
the needs of the construction industry, the education,
training and other activities provided by such a housing
research center shall be approved by its industry
advisory committee.
Amend Bill, page 26, line 14, by striking out "(i) and (ii)"
Amend Bill, page 26, line 15, by inserting a bracket before
"Department"
Amend Bill, page 26, line 16, by inserting after
"Development"
] department
Amend Bill, page 26, line 16, by inserting a bracket before
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"for"
Amend Bill, page 26, line 17, by striking out the bracket
before "provided"
Amend Bill, page 26, line 18, by striking out the bracket
after "Academy"
Amend Bill, page 26, line 25, by inserting after "committee."
] as provided under paragraph (1).
Amend Bill, page 26, lines 26 through 30; page 27, lines 1
through 5; by striking out all of said lines on said pages and
inserting
(3) Any remaining unencumbered balance in the Municipal
Training Account as of June 30, 2017, that was previously
authorized to be expended by the Department of Community and
Economic Development shall be transferred to the department
to be deposited in the accounts established under subsection
(b).
(4) The department shall not receive any money
appropriated to the Municipal Code Official Training Account
and Construction Contractor Account for department
administrative or program expenses. The department shall
utilize Review and Advisory Council Administration Account
funds to administer all accounts established in this section.
(5) The department shall not be required to utilize
other sources of funding to carry out activities provided for
in this act if funds provided under this section are
insufficient.
(d) Report.
(1) No later than November 1 of each calendar year, the
department shall provide a report to the chair and minority
chair of the Labor and Industry Committee of the Senate and
the chair and minority chair of the Labor and Industry
Committee of the House of Representatives. The report shall
detail expenditures for the most recently completed fiscal
year. The report shall include:
(i) The number of construction and building permits
issued and total fees collected.
(ii) A separate accounting of revenue and
expenditures for each account. The Review and Advisory
Council Administration accounting shall include:
(A) The amount utilized by the Review and
Advisory Council for reimbursement of travel
expenses.
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(B) The amount utilized by the Review and
Advisory Council for other purposes and a description
of those expenditures.
(C) The amount utilized by the department for
personnel, including the position title, hours
charged, amount paid and description of the duties
and responsibilities of each individual paid in whole
or in part by the account.
(D) The amount utilized by the department for
operational costs and a description of those
expenditures.
(E) The amount utilized by the department for
other program purposes and a description of those
expenditures.
Amend Bill, page 27, line 12, by striking out the comma after
"(b)" and inserting
or
Amend Bill, page 27, line 13, by inserting a bracket before
"or"
Amend Bill, page 27, line 14, by striking out the bracket
before the comma after "Code"
Amend Bill, page 27, line 14, by striking out "];"
Amend Bill, page 27, line 14, by inserting after "the" where
it occurs the second time
]. The
Amend Bill, page 27, by inserting between lines 29 and 30
(1) The amendment of section 703 of the act shall take
effect July 1, 2017, or immediately, whichever is later.
Amend Bill, page 27, line 30, by striking out "(1)" and
inserting
(2)
Amend Bill, page 28, line 2, by striking out "(2)" and
inserting
(3)
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