H1469B2016A01999 AJB:CMD 06/16/17 #90 A01999
AMENDMENTS TO HOUSE BILL NO. 1469
Sponsor: REPRESENTATIVE EVANKOVICH
Printer's No. 2016
Amend Bill, page 1, lines 10 through 14, by striking out all
of said lines and inserting
Section 1. Section 501(b)(1), (2) and (3) of the act of
November 10, 1999 (P.L.491, No.45), known as the Pennsylvania
Construction Code Act, are amended and the section is amended by
adding subsections to read:
Section 501. Administration and enforcement.
* * *
(b) Municipal administration and enforcement.--This act may
be administered and enforced by municipalities in any of the
following ways:
(1) By the designation of an employee to serve as the
municipal code official to act on behalf of the municipality
for administration and enforcement of this act. A municipal
code official may utilize third-party agencies to supplement
the municipal code enforcement program's plan review and
inspection services or may utilize third-party agencies to
perform plan review and inspection services in categories
which its program does not possess the necessary personnel to
administer.
(2) By the retention of one or more [construction code
officials or] third-party agencies to act on behalf of the
municipality for administration and enforcement of this
act[.], except that the provisions of subsection (b.1) shall
apply if the municipality contracts with only one third-party
agency for administration and enforcement.
(3) Two or more municipalities may provide for the joint
administration and enforcement of this act through an
intermunicipal agreement under 53 Pa.C.S. Ch. 23 Subch. A
(relating to intergovernmental cooperation)[.], except that
the provisions of subsection (b.1) shall apply if the
agreement provides for only one third-party agency for
administration and enforcement.
* * *
(b.1) Exclusive administration and enforcement.--The
following apply:
(1) If a municipality contracts with one third-party
agency for administration and enforcement of this act, an
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applicant may utilize the services of another third-party
agency if the alternative third-party agency agrees to remit
a surcharge for its services to the municipality. The
surcharge shall be a percentage of the total amount of fees
charged by the alternative third-party agency. The percentage
shall be established by the municipality by ordinance as a
percentage not to exceed 10%. If the municipality fails to
establish a surcharge as specified under this paragraph, the
surcharge shall be 1% of the total fees charged by the
alternative third-party agency for the alternative third-
party agency's services on a project.
(2) In accordance with the municipality's
overall permitting process for a project, the municipality
shall notify the applicant that the applicant may utilize the
services of an alternative third-party agency of the
applicant's choice for the construction requirements of the
application covered by this act, including all plan review
and inspection services. The applicant shall be notified of
the information required under subsection (b.2).
(3) The applicant shall notify the municipality and its
contracted third-party agency of its intent to utilize an
alternative third-party agency for the construction
requirements required by this act for a project. The
applicant shall provide, in its notification, the name of the
alternative third-party agency that will be utilized and
appropriate contact information.
(4) Before performing services on a project, the
alternative third-party agency being utilized by the
applicant shall notify the municipality and its contracted
third-party agency that it is performing services required by
this act on the project for the applicant. On the date of
issuance of the permit required by this act, the alternative
third-party agency shall provide the municipality and its
exclusive third-party agency with a copy of the permit issued
for the project and the approved plans of record for the
project.
(5) The applicant shall utilize the services of the
alternative third-party agency for all requirements of this
act associated with a project.
(6) On the date of issuance of the final inspection
report for a project, the alternative third-party agency
shall forward the following to the municipality and the
municipality's third-party agency:
(i) The final inspection report that was issued for
the project.
(ii) A summary of total fees charged to the
applicant.
(iii) Payment of the surcharge assessed under
paragraph (1).
(iv) The fee required under section 703(a).
(v) Any additional documentation associated with the
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project that is requested by the municipality.
(7) The municipality or its contracted third-party
agency, whichever is applicable, shall accept the final
inspection report with respect to the requirements of this
act. The contracted third-party agency shall be immune from
any civil liability associated with contents of the final
inspection report.
(8) The municipality or its contracted third-party
agency may withhold issuance of the certificate of occupancy
for a project if the alternative third-party agency fails to
comply with paragraph (6).
(9) The municipality may notify the department of a
possible violation of this act if an alternative third-party
agency fails to comply with paragraph (6). Upon receiving
notice by the municipality, the department shall conduct an
investigation. The department may consider an intentional
failure to comply with paragraph (6) as just cause for
decertification of the alternative third-party agency under
section 701(h).
(10) A professional services contract between a
municipality and a third-party agency for the
exclusive administration and enforcement of this act in
effect before 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.
Amend Bill, page 1, line 15, by striking out "(b.1)" and
inserting
(b.2)
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