PRINTER'S NO. 925
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
782
Session of
2015
INTRODUCED BY HEFFLEY, EVERETT, KNOWLES, TOOHIL, EMRICK, TRUITT
AND ZIMMERMAN, MARCH 13, 2015
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 13, 2015
AN ACT
Amending the act of November 10, 1999 (P.L.491, No.45), entitled
"An act establishing a uniform construction code; imposing
powers and duties on municipalities and the Department of
Labor and Industry; providing for enforcement; imposing
penalties; and making repeals," in adoption and enforcement
by municipalities, further providing for administration and
enforcement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 501(b)(1) and (2) of the act of November
10, 1999 (P.L.491, No.45), known as the Pennsylvania
Construction Code Act, amended November 29, 2006 (P.L.1440,
No.157), are amended and the section is amended by adding a
subsection 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
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municipal code official to act on behalf of the municipality
for administration and enforcement of this act. A
municipality may enter into agreements with construction code
officials to perform plan review and inspection services for
categories which the municipal code official does not have
the resources or certification to perform.
(2) By the retention of [one or more construction code
officials or] two or more third-party agencies to act on
behalf of the municipality for administration and enforcement
of this act[.] in accordance with a professional services
contract. An owner or authorized agent shall select and
utilize one of the third-party agencies for the requirements
of this act with respect to an individual project.
* * *
(b.1) Administration and enforcement by third-party
agencies.--A municipality opting to administer and enforce this
act by retaining two or more third-party agencies under
subsection (b)(2) shall comply with all of the following
requirements:
(1) The services of a third-party agency shall be
furnished and performed under a written professional services
contract with the municipality. The professional services
contract shall offer, in the determination of the governing
body of the municipality, a favorable combination of
reasonable rates or fees and the ability of the third-party
agency to perform services in a timely and efficient manner
for building permit applicants.
(2) The municipality shall advertise a request for
proposal for the professional services contract. The
advertisement shall comply with all of the following
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requirements:
(i) The ad vertisement shall be published in one
newspaper of general circulation, if available, in the
municipality at least two times at intervals of not less
than three days or once a week for two successive weeks
in a weekly newspaper. The first advertisement shall be
published not more than 45 days before the date fixed for
the opening of responses to the request for proposal. T he
second advertisement shall be published not less than 10
days before the date fixed for the opening of responses
to the request for proposal. As used in this
subparagraph, the terms "newspaper of general
circulation" and "weekly newspaper" shall mean as defined
in 45 Pa.C.S. ยง 101 (relating to definitions).
(ii) The advertisement shall contain the date, time
and location for the opening of the proposals and any
prequalification standards or requirements that must be
met.
(3) Notice of the request for proposal shall be posted
where the governing body of the municipality normally meets
or in a conspicuous place within the municipality.
(4) (i) The municipality shall award a professional
services contract by public announcement at:
(A) a meeting where the proposals are opened and
read by the governing body of the municipality or by
an individual or committee appointed by the governing
body of the municipality to open and read the
proposals; or
(B) a subsequent meeting of the governing body
after the proposals are opened and read.
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(ii) The municipality shall publicly announce the
time and place of a meeting under subparagraph (i)(B).
(5) In awarding professional services contracts, the
governing body of the municipality:
(i) Shall take into consideration all of the
following:
(A) The proposed fee schedule.
(B) The availability of services.
(C) The input of affected public stakeholders .
(ii) May establish prequalification standards for a
professional services contract if prequalification
standards are reasonably designed to assist the governing
body of the municipality in determining the ability of a
person submitting a proposal to successfully complete a
professional services contract.
(iii) M ay designate one of the third-party agencies
as the enforcement agent for the municipality for general
code enforcement actions not associated with work already
being completed in accordance with a building permit.
(6) 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 subsection (b)(2) shall take effect
upon the expiration of the original terms of the professional
services contract.
(7) A professional services contract entered into
between a municipality and a third-party agency on or after
the effective date of this subsection may not exceed two
years.
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(8) Except as provided under paragraph (9), a
municipality may not enter into an exclusive contract with a
third-party agency for the administration and enforcement of
this act after the effective date of this subsection.
(9) If a municipality opts to administer and enforce
this act under subsection (b)(2), the municipality may apply
to the department for a waiver from the requirement of
retaining two or more third-party agencies under subsection
(b)(2) if the municipality can demonstrate to the
satisfaction of the department all of the following:
(i) The municipality made a reasonable effort to
solicit and retain two or more third-party agencies.
(ii) The municipality was unsuccessful in obtaining
sufficient qualified proposals by at least two third-
party agencies.
* * *
Section 2. This act shall take effect as follows:
(1) The amendment of section 501(b)(2) shall take effect
July 1, 2015, or immediately, whichever is later.
(2) The remainder of this act shall take effect
immediately.
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