PRINTER'S NO. 3087
No. 2213 Session of 2005
INTRODUCED BY WILT, ARMSTRONG, BASTIAN, BENNINGHOFF, CRAHALLA,
HARRIS, HENNESSEY, M. KELLER, KIRKLAND, LEDERER, LEH, MUSTIO,
RAPP, SATHER, STERN, R. STEVENSON, TANGRETTI, E. Z. TAYLOR,
TRUE, YOUNGBLOOD AND SONNEY, NOVEMBER 14, 2005
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 14, 2005
AN ACT
1 Amending the act of November 10, 1999 (P.L.491, No.45), entitled
2 "An act establishing a uniform construction code; imposing
3 powers and duties on municipalities and the Department of
4 Labor and Industry; providing for enforcement; imposing
5 penalties; and making repeals," further providing for
6 training of inspectors.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 701(e) and (h) of the act of November 10,
10 1999 (P.L.491, No.45), known as the Pennsylvania Construction
11 Code Act, are amended to read:
12 Section 701. Training of inspectors.
13 * * *
14 (e) Current officials.--
15 (1) [The department shall by regulation determine the
16 time period for] By October 1, 2006, current code
17 administrators [to] must meet the training and certification
18 requirements of this act in order to be certified under this
19 act. [This time period shall not be less than three years and
1 not exceed seven years from the effective date of this act
2 for individuals conducting plan review and inspections of
3 one-family or two-family residential property or not be less
4 than five years and not exceed ten years for individuals
5 conducting plan reviews and inspections on all other
6 buildings and structures.]
7 (2) Notwithstanding the provisions of this subsection,
8 the department shall adopt regulations specifically providing
9 for the department's administration and enforcement of the
10 provisions of Chapter 11 (Accessibility) of the Uniform
11 Construction Code and any other accessibility requirements
12 contained in or referenced by the Uniform Construction Code
13 until code administrators have been certified regarding
14 accessibility provisions. The department shall maintain
15 jurisdiction over the provisions of Chapter 11
16 (Accessibility) of the Uniform Construction Code and any
17 other accessibility requirements contained in or referenced
18 by the Uniform Construction Code until such time as municipal
19 code administrators meet the requirements for certification.
20 * * *
21 (h) [Decertification.--] Complaints regarding code
22 administrator competency; decertification.--
23 (1) The department shall establish, by regulation, a
24 process for citizens to register complaints about the
25 technical competency of code administrators. The process
26 shall do all of the following:
27 (i) Include:
28 (A) specific designation of department personnel
29 to administer the complaints;
30 (B) a toll-free hotline; and
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1 (C) an Internet complaint procedure.
2 (ii) Ensure the anonymity of complainants.
3 (2) If the department determines that there is
4 reasonable cause to believe that a code administrator is not
5 technically competent, the department may require the code
6 administrator to appear before a technical competency board
7 under paragraph (3) to determine the individual's technical
8 competency. As used in this paragraph, the term "reasonable
9 cause" means:
10 (i) the receipt of multiple independent complaints
11 under paragraph (1) which the department determines
12 indicate a pattern of technical negligence; or
13 (ii) a professional judgment by department personnel
14 that a code administrator may not be technically
15 competent.
16 (3) The department shall establish technical competency
17 boards as follows:
18 (i) A board shall be composed of three members
19 determined by the department to be technically competent
20 in an area of certification.
21 (ii) A board has the power to:
22 (A) decertify a code administrator; and
23 (B) require remedial education under subsection
24 (g).
25 (iii) A vote of two members is required to make a
26 determination.
27 (iv) A determination of a board may be appealed to
28 the department.
29 (v) This paragraph is subject to 2 Pa.C.S. Ch. 5
30 Subch. A (relating to practice and procedure of
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1 Commonwealth agencies).
2 (4) The department is empowered to decertify a code
3 [administrators for] administrator for a reason other than
4 technical competency if it determines that there is just
5 cause. The [department shall by regulation establish a
6 procedure for the notification of code administrators of
7 decertification and the right of the individual] code
8 administrator has the right to receive a hearing before the
9 department on decertification. This paragraph is subject to 2
10 Pa.C.S. Ch. 5 Subch. A.
11 (5) The provisions of 2 Pa.C.S. Ch. 7 Subch. A (relating
12 to judicial review of Commonwealth agency action) apply to
13 paragraphs (3) and (4).
14 * * *
15 Section 2. This act shall take effect immediately.
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