PRINTER'S NO. 3487
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2143
Session of
2015
INTRODUCED BY EVANKOVICH, MILLARD, PICKETT, HEFFLEY, PHILLIPS-
HILL AND ZIMMERMAN, JUNE 9, 2016
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JUNE 9, 2016
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)(2) and (3) 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.
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(b) Municipal administration and enforcement.--This act may
be administered and enforced by municipalities in any of the
following ways:
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(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 the provisions of subsection (b.1) shall apply
if the municipality retains one third-party agency for
exclusive 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 the
provisions of subsection (b.1) shall apply if the agreement
provides for a single third-party agency for exclusive
administration and enforcement.
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(b.1) Exclusive administration and enforcement.--The
following apply:
(1) If a municipality opts to retain one third-party
agency for exclusive administration and enforcement of this
act, the municipality shall allow an applicant to utilize an
alternative third-party agency if the alternative third-party
agency agrees to remit a surcharge for the alternative third-
party services to the municipality. The surcharge shall be
assessed, by ordinance, as a percentage not to exceed 10% of
the total fee charged by the alternative third-party agency
on the project. If the municipality fails to assess a
surcharge as specified under this paragraph, the surcharge
shall be 1% of the total fee charged by the alternative
third-party agency on the project.
(2) The applicant shall notify the municipality and its
exclusive third-party agency of its intent to utilize an
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alternative third-party agency 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.
(3) Before commencing work on a project, the
alternative third-party agency being utilized by the
applicant shall notify the municipality and its exclusive
third-party agency that it is performing code enforcement
services on the project for the applicant. On the date of
issuance of the permit, the alternative third-party agency
shall provide the municipality and its exclusive third-party
agency with a copy of the building permit issued for the
project and the approved plans of record for the project.
(4) The applicant shall utilize the services of the
alternative third-party agency for all code enforcement work
associated with the project.
(5) On the date of issuance of the certificate of
occupancy for the project, the alternative third-party agency
shall forward the following to the municipality and the
exclusive third-party agency:
(i) The certificate of occupancy that was issued for
a project.
(ii) A summary of total fees charged to the
applicant.
(iii) Payment of the surcharge assessed under
paragraph (1).
(iv) Any additional documentation associated with a
project that is requested by the municipality.
(6) The municipality may prohibit an alternative
third-party agency from operating in its jurisdiction if the
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alternative third-party agency fails to comply with paragraph
(5).
(7) The municipality may notify the department if the
alternative third-party agency fails to comply with paragraph
(5) and the department shall conduct an investigation. The
department may consider an intentional failure to comply with
paragraph (5) as just cause for decertification of the
alternative third-party agency under section 701(h).
(8) 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.
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Section 2. This act shall take effect in 60 days.
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