No. 2541 Session of 1974



                                     AN ACT

     1  Authorizing the Department of Community Affairs to adopt rules
     2     and regulations relating to certification of code enforcement
     3     officer; to enter into agreements and contracts with
     4     consultants, training centers and universities; to establish
     5     a board to establish qualifications and training programs for
     6     certification of code enforcement officers; and providing for
     7     the dismissal of code enforcement officers who are negligent
     8     in their duties; and making an appropriation.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Short Title.--This act shall be known and may be
    12  cited as "The Pennsylvania Certification of Code Enforcement
    13  Officers Act."
    14     Section 2.  Definitions.--The following words and phrases
    15  when used in this act shall have the meanings ascribed to them
    16  in this section.
    17     "Agency" shall mean the Department of Community Affairs of
    18  the Commonwealth of Pennsylvania.
    19     "Board" shall mean the Pennsylvania Code Enforcement Officers
    20  Certification Board.
    21     "Certified code enforcement officers" shall mean a person

     1  certified under this act to engage in the practices of code
     2  enforcement.
     3     "Code" shall mean the building and building-related
     4  regulations heretofore or hereafter enacted or adopted.
     5     "Code enforcement" shall mean the examination and approval of
     6  plans and specifications, and the inspection of the manner of
     7  construction, workmanship, and materials of construction of
     8  buildings and structures and components thereof as an agent of
     9  the Commonwealth of Pennsylvania or local government, to assure
    10  compliance with the applicable state and local statutes.
    11     "Municipality" shall mean any county, city, township,
    12  borough, town, or incorporated town within the Commonwealth.
    13     Section 3.  Training Programs.--(a) The Department of
    14  Community Affairs is hereby authorized to conduct or sponsor in-
    15  service and pre-entry training programs on the technical, legal
    16  and administrative aspect of building or related codes
    17  administration and enforcement. For this purpose it may
    18  cooperate and contract with educational institutions, local,
    19  regional, State, or national building officials organizations,
    20  and with any other appropriate organization for the purpose of
    21  this section.
    22     (b)  The board may approve those training programs or
    23  portions thereof, in which State and local code enforcement
    24  officers and other employees participate under the provisions of
    25  this section, as meeting the requirements for certification of
    26  code enforcement officers.
    27     (c)  The Department of Community Affairs may reimburse the
    28  participation expenses incurred by code enforcement officers
    29  whose attendance at in-service training programs is approved by
    30  the Department of Community Affairs.
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     1     (d)  The Department of Community Affairs, in the development
     2  and sponsorship of educational and training programs, shall:
     3     (1)  develop such programs to enhance the educational
     4  background of code enforcement personnel;
     5     (2)  improve the code enforcement and inspection program of
     6  the State and local municipalities;
     7     (3)  improve and professionalize the code enforcement
     8  profession;
     9     (4)  improve uniform understanding, education,
    10  interpretations and enforcement of the Pennsylvania Building
    11  Act;
    12     (5)  plan such courses to aid in the testing and
    13  certification of code enforcement officers; and
    14     (6)  move toward a college, junior college, trade and
    15  technical school and university degree program in code
    16  enforcement.
    17     Section 4.  Code Enforcement Officers Certification Board.--
    18  (a) There is hereby established in the Department of Community
    19  Affairs a Pennsylvania Code Enforcement Certification Board.
    20     (b)  The membership of the board shall consist of one
    21  registered architect, one registered professional engineer, two
    22  code enforcement officers, one building contractor, one elected
    23  or appointed local government official and one educator. All
    24  members shall be generally familiar with construction, and with
    25  code enforcement practices. The Secretary of the Department of
    26  Community Affairs or his designee shall also serve as a non-
    27  voting member of the board.
    28     (c)  The terms of office for the membership of the board
    29  shall be four years, except that the Governor shall initially
    30  appoint four members for two-year terms and three members for
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     1  four-year terms. The Governor shall appoint all members to fill
     2  new terms and all vacancies on the board.
     3     (d)  Any member of the board may be removed by the Governor
     4  for cause, after being given a written statement of the charges
     5  and an opportunity to be heard thereon. Vacancies shall be
     6  filled for the unexpired term in the same manner as appointments
     7  are made.
     8     (e)  The board shall elect its own chairman and any other
     9  officers deemed necessary for the functioning of the board. The
    10  board shall meet at the request of the chairman or the Secretary
    11  of the Department of Community Affairs or at the written request
    12  to the chairman of at least two members. The board shall meet
    13  not less than once every three months.
    14     (f)  In appointing the membership of the initial board, the
    15  Governor shall appoint one of the code enforcement officers to a
    16  term of two years, and one to a term of four years. On the
    17  completion of these terms of office these seats on the board
    18  shall be filled by the appointment of a certified code
    19  enforcement officer.
    20     (g)  Each member shall receive necessary per diem travel and
    21  other expenses incurred in the actual performance of his duties.
    22     Section 5.  Powers of the Board.--The board is authorized and
    23  empowered to:
    24     (1)  formulate, propose, adopt, promulgate, and amend all
    25  rules and regulations as are necessary to govern the examination
    26  and evaluation of applicants seeking certification as code
    27  enforcement officers;
    28     (2)  adopt all other rules and regulations necessary for the
    29  board to carry out the duties assigned to it under this act and
    30  otherwise prescribed by law;
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     1     (3)  develop, administer and score examinations for
     2  applicants seeking certification as code enforcement officers;
     3     (4)  enter into a contract or agreement with other agencies,
     4  private corporations or individuals to develop or administer
     5  score examinations;
     6     (5)  establish the required examination performance level,
     7  which shall be necessary for the certification of code
     8  enforcement officers;
     9     (6)  establish additional qualifications and criteria deemed
    10  necessary for certification which may include individual
    11  background, experience, education, training and employment;
    12     (7)  issue certificates to individuals meeting all
    13  requirements established by the board;
    14     (8)  establish the duration of certification and purpose,
    15  promulgate, adopt and amend rules and regulations necessary to
    16  the continuance of certification;
    17     (9)  propose, adopt, promulgate and amend rules and
    18  regulations for the suspension or revocation of certification as
    19  required under section 8, of this act;
    20     (10)  establish various types and classes of certifications
    21  as deemed necessary by the board.
    22     Section 6.  Application of this Act.--(a) After the effective
    23  date of this act, and the rules and regulations issued pursuant
    24  thereto, it shall be unlawful for any person not possessing a
    25  valid certification to engage in building code enforcement in
    26  the Commonwealth of Pennsylvania.
    27     (b)  After the effective date of this act, and the rules and
    28  regulations issued pursuant thereto, it shall be unlawful for
    29  any person not possessing valid certification to use the title
    30  or term "Certified Code Enforcement Officer," or any similar or
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     1  related title, or for any individual not possessing valid
     2  certification to sign, approve, validate, or issue any
     3  certificate of compliance or non-compliance with the applicable
     4  codes.
     5     Section 7.  Issuance of Certification.--(a) An applicant for
     6  registration shall file an application with the board and pay
     7  the application and examination fees as may be established by
     8  the board.
     9     (b)  The board shall ascertain by written or oral
    10  examination, evaluation and review or qualification, if an
    11  applicant is qualified for a certification of the type for which
    12  he has applied. If the applicant's examination and
    13  qualifications meet the minimum requirements, the board shall
    14  issue a certificate to the applicant affixed with the seal of
    15  the board, showing that the person named therein is entitled to
    16  practice as a certified code enforcement officer in the
    17  Commonwealth of Pennsylvania in accordance with the provisions
    18  and rules and regulations of this act. Such certificates shall
    19  bear the signatures of the chairman and the secretary of the
    20  board.
    21     (c)  The board may deny certification to an applicant upon
    22  proof of the commission by the applicant of any act or omission
    23  which would constitute grounds for disciplinary action under
    24  this act.
    25     (d)  The board shall keep a record of the names and addresses
    26  of all certified code enforcement officers and such additional
    27  personal date as the board may require.
    28     (e)  A duplicate certificate to practice as a certified code
    29  enforcement officer in place of one which has been lost,
    30  destroyed or mutilated shall be issued upon payment of the
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     1  required fee, subject to the rules and regulations of the board.
     2     Section 8.  Discipline.--(a) The board may upon its own
     3  motion, and shall upon the verified complaint in writing of any
     4  person, investigate the action of any certified inspector, and
     5  may suspend or revoke the certification of any certified
     6  inspector who is found guilty of any one or more of the acts or
     7  omissions constituting grounds for disciplinary action under
     8  this act.
     9     (b)  The board shall establish such rules and regulations
    10  necessary to establish procedures and due process for suspension
    11  or revocation of certification.
    12     (c)  All proceedings for the suspension or revocation of
    13  certification under this act shall be conducted in accordance
    14  with the rules established by the board.
    15     (d)  A certification may be suspended or revoked if the board
    16  determines that the holder:
    17     (1)  is practicing in violation of the provisions of this
    18  act;
    19     (2)  has obtained the registration by fraud or
    20  misrepresentation, or the person named in the certification has
    21  obtained it by fraud or misrepresentation;
    22     (3)  is impersonating a certified code enforcement officer or
    23  formal certified code enforcement officer of the same or similar
    24  name, or is practicing under an assumed or fictitious name;
    25     (4)  has aided or abetted in practice, as a certified code
    26  enforcement officer, any person not authorized to practice as a
    27  certified code enforcement officer under the provisions of this
    28  act;
    29     (5)  has been guilty of fraud or deceit in practice as a
    30  certified code enforcement officer;
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     1     (6)  has been guilty of negligence or willful misconduct
     2  constituting grounds for disciplinary action in practice as a
     3  certified code enforcement officer;
     4     (7)  has been guilty of gross incompetence; or
     5     (8)  has affixed his signature to a report of inspection or
     6  other instrument of service where no inspection has been made by
     7  him or under his immediate and responsible direction, or has
     8  permitted his name to be used for the purpose of assisting any
     9  person, not a certified code enforcement officer, to evade the
    10  provisions of this act.
    11     (e)  The conviction of a felony in connection with the
    12  practice as a certified code enforcement officer constitutes
    13  grounds for revocation or suspension of a certificate.
    14     Section 9.  Appeals.--All appeals to decisions, rules and
    15  regulations issued pursuant to this act shall be heard by the
    16  board. The board shall promulgate rules and regulations
    17  establishing an appeal procedure.
    18     Section 10.  Severability.--If any section, sentence, clause,
    19  phrase or word of this act is held invalid, the remainder of
    20  this act shall not be affected.
    21     Section 11.  Appropriations.--The General Assembly hereby
    22  appropriates one hundred thousand dollars ($100,000) annually
    23  for the administration, training cost, or cost for the
    24  enforcement of this act, unless it is determined that this
    25  amount is inadequate.

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