AN ACT

 

1Amending the act of November 10, 1999 (P.L.491, No.45), entitled 
2"An act establishing a uniform construction code; imposing 
3powers and duties on municipalities and the Department of 
4Labor and Industry; providing for enforcement; imposing 
5penalties; and making repeals," further providing for 
6administration and enforcement.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 501(b) of the act of November 10, 1999 
10(P.L.491, No.45), known as the Pennsylvania Construction Code 
11Act, carried without amendment November 29, 2006 (P.L.1440, 
12No.157), is amended and the section is amended by adding a 
13subsection to read:

14Section 501. Administration and enforcement.

15* * *

16(b) Municipal administration and enforcement.--This act may
17be administered and enforced by municipalities in any of the
18following ways:

19(1) By the designation of an employee to serve as the
20municipal code official to act on behalf of the municipality

1for administration and enforcement of this act.

2(2) By the retention of [one] three or more construction
3code officials or third-party agencies to act on behalf of
4the municipality for administration and enforcement of this
5act.

6(3) Two or more municipalities may provide for the joint 
7administration and enforcement of this act through an 
8intermunicipal agreement under 53 Pa.C.S. Ch. 23 Subch. A 
9(relating to intergovernmental cooperation).

10(4) By entering into a contract with the proper
11authorities of another municipality for the administration
12and enforcement of this act. When such a contract has been
13entered into, the municipal code official shall have all the
14powers and authority conferred by law in the municipality
15which has contracted to secure such services.

16(5) By entering into an agreement with the department
17for plan reviews, inspections and enforcement of structures
18other than one-family or two-family dwelling units and
19utility and miscellaneous use structures.

20(b.1) Fee limitations.--

21(1) A municipality administering and enforcing this act
22pursuant to subsection (b)(1) or (3) shall collect fees that
23represent their actual administrative costs of code
24enforcement.

25(2) Municipalities subject to paragraph (1) shall
26annually report to the department, on a schedule determined
27by the department, the fees that were collected and the
28operating costs of their code enforcement program. The
29department shall have the power to order municipalities to
30readjust fee schedules which it reasonably believes to be

1excessive. For the purposes of this paragraph, the term
2"excessive" shall mean programs whose annual fees exceed
3operating costs by 10%.

4(3) Municipalities administering and enforcing this act
5pursuant to paragraph (1) shall not require a standardized
6fee schedule and shall permit construction code officials or
7third-party agencies to establish independent fee schedules.

8* * *

9Section 3. This act shall take effect January 1, 2014.