See other bills
under the
same topic
SENATE AMENDED
PRIOR PRINTER'S NOS. 1874, 2016, 2186,
3795
PRINTER'S NO. 4299
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1469
Session of
2017
INTRODUCED BY HEFFLEY, McGINNIS, MILLARD, MALONEY, PHILLIPS-
HILL, COX, WHEELAND, ZIMMERMAN, MICCARELLI AND JOZWIAK,
MAY 31, 2017
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 17, 2018
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; and, in training and certification of
inspectors, further providing for training of inspectors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 501(b)(1), (2) and (3) of the act of
November 10, 1999 (P.L.491, No.45), known as the Pennsylvania
Construction Code Act, are amended and the section is amended by
adding subsections 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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
(1) By the designation of an employee to serve as the
municipal code official to act on behalf of the municipality
for administration and enforcement of this act. A municipal
code official may utilize third-party agencies to supplement
the municipal code enforcement program's plan review and
inspection services or may utilize third-party agencies to
perform plan review and inspection services in categories
which its program does not possess the necessary personnel to
administer.
(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 that the provisions of subsection (b.1) shall
apply if the municipality contracts with only one third-party
agency for 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 that
the provisions of subsection (b.1) shall apply if the
agreement provides for only one third-party agency for
administration and enforcement.
* * *
(b.1) Exclusive administration and enforcement.--The
following apply:
(1) If a municipality contracts with one third-party
agency for administration and enforcement of this act, an
applicant may utilize the services of another third-party
agency if the alternative third-party agency agrees to remit
a surcharge for its services to the municipality. The
20170HB1469PN4299 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
surcharge shall be a percentage of the total amount of fees
charged by the alternative third-party agency. The percentage
shall be established by the municipality by ordinance as a
percentage not to exceed 10%. If the municipality fails to
establish a surcharge as specified under this paragraph, the
surcharge shall be 1% of the total fees charged by the
alternative third-party agency for the alternative third-
party agency's services on a project.
(2) In accordance with the municipality's
overall permitting process for a project, the municipality
shall notify the applicant that the applicant may utilize the
services of an alternative third-party agency of the
applicant's choice for the construction requirements of the
application covered by this act, including all plan review
and inspection services. The applicant shall be notified of
the information required under subsection (b.2).
(3) The applicant shall notify the municipality and its
contracted third-party agency of its intent to utilize an
alternative third-party agency for the construction
requirements required by this act 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.
(4) Before performing services on a project, the
alternative third-party agency being utilized by the
applicant shall notify the municipality and its contracted
third-party agency that it is performing services required by
this act on the project for the applicant. On the date of
issuance of the permit required by this act, the alternative
third-party agency shall provide the municipality and its
20170HB1469PN4299 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
exclusive third-party agency with a copy of the permit issued
for the project and the approved plans of record for the
project.
(5) The applicant shall utilize the services of the
alternative third-party agency for all requirements of this
act associated with a project.
(6) On the date of issuance of the final inspection
report for a project, the alternative third-party agency
shall forward the following to the municipality and the
municipality's third-party agency:
(i) The final inspection report that was issued for
the project.
(ii) A summary of total fees charged to the
applicant.
(iii) Payment of the surcharge assessed under
paragraph (1).
(iv) The fee required under section 703(a).
(v) Any additional documentation associated with the
project that is requested by the municipality.
(7) The municipality or its contracted third-party
agency, whichever is applicable, shall accept the final
inspection report with respect to the requirements of this
act. The contracted third-party agency shall be immune from
any civil liability associated with contents of the final
inspection report.
(8) The municipality or its contracted third-party
agency may withhold issuance of the certificate of occupancy
for a project if the alternative third-party agency fails to
comply with paragraph (6).
(9) The municipality may notify the department of a
20170HB1469PN4299 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
possible violation of this act if an alternative third-party
agency fails to comply with paragraph (6). Upon receiving
notice by the municipality, the department shall conduct an
investigation. The department may consider an intentional
failure to comply with paragraph (6) as just cause for
decertification of the alternative third-party agency under
section 701(h).
(10) 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.
(b.2) Administration and enforcement by third-party
agencies.-- If a municipality contracts with one or more third-
party agencies for the administration and enforcement of this
act, the municipality shall have the following duties:
(1) E nsuring that the form utilized for a permit
application notifies an applicant of all of the following:
(i) The authority of a third-party agency exists as
a result of a contract approved by the governing body of
the municipality, or as a result of intermunicipal
agreement under 53 Pa.C.S. Ch. 23 Subch. A entered into
by the municipality.
(ii) An applicant may inform the governing body of
the municipality of complaints about a third-party
agency's services, including reports of incompetence or
gross negligence, a failure to abide by a time period
specified under this act, rude or unprofessional behavior
20170HB1469PN4299 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
or discrimination based on personal bias against the
applicant.
(iii) The department certifies third-party agencies
and investigates complaints about service, including
complaints due to violations of this act, incompetence or
gross negligence, fraud, deceit or acts of moral
turpitude.
(iv) The department has a publicly accessible
Internet website which includes the form for filing a
complaint about service under subparagraph (iii).
(2) Maintaining a record of complaints submitted under
paragraph (1)(ii).
* * *
Section 2. Section 701 of the act is amended by adding a
subsection to read:
Section 701. Training of inspectors.
* * *
(h.1) Code administrator complain ts.--The follow ing apply:
(1) The department shall accept and review a complaint
submitted by a building permit applicant about a code
administrator and the secretary shall have the discretion to
enforce remedial actions if necessary, including actions to
decertify the code administrator or revoke the code
administrator's certification for a period of time as
determined by the secretary. The department shall review a
complaint about a code administrator regarding any of the
following allegations:
(i) Incompetence, negligence or unethical conduct.
(ii) Failure to abide by a deadline specified under
this act for a code enforcement action which results in
20170HB1469PN4299 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
an unduly delay in the progress of a project.
(iii) Duplicative, undisclosed or exorbitant fees
assessed as a result of a code enforcement action.
(iv) An interpretation of the Uniform Construction
Code which demonstrates professional incompetence or
differs from standard practice, including the
establishment of a different requirement after plan
approval.
(v) A violation of 34 Pa. Code § 401.14 (relating to
decertification or refusal to certify).
(2) After reviewing a complaint as specified under
paragraph (1), the department shall have the following
duties:
(i) Notifying the municipality where the code
administrator subject to the complaint is being utilized
as to the existence of the complaint and recommending
remedial actions that the department determines to be
necessary to correct deficiencies.
(ii) Notifying the code administrator who is the
subject of the complaint.
(iii) Investigating the complaint.
(3) The secretary may issue an order to a municipality
to allow a building permit holder who submitted a complaint
under this subsection to utilize another third-party agency
of the building permit holder's choice for any remaining code
enforcement actions necessary to utilize a project. The order
may also include a provision to allow the building permit
holder to permanently utilize a third-party agency of the
permit holder's choice for future projects in the
municipality if the secretary deems that it is possible that
20170HB1469PN4299 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the building permit holder will be retaliated against for
filing a complaint to the department by a code administrator.
(4) If a building permit applicant makes a complaint to
the department concerning a third-party agency or code
administrator, the department may not disclose the identity
of the building permit holder's complaint without the
building permit holder's consent unless disclosure is
unavoidable as a result of an investigation of a code
administrator under this subsection.
(5) A code administrator may not discriminate, threaten,
coerce or otherwise retaliate against a building permit
applicant who files a complaint under this subsection. A
person who alleges a violation of this paragraph may bring a
civil action in a court of competent jurisdiction for
appropriate injunctive relief or damages within 180 days of
occurrence of the alleged violation.
* * *
SECTION 1. SECTION 501(B)(1), (2) AND (3) AND (C)(1) OF THE
ACT OF NOVEMBER 10, 1999 (P.L.491, NO.45), KNOWN AS THE
PENNSYLVANIA CONSTRUCTION CODE ACT, ARE AMENDED, SUBSECTION (B)
IS AMENDED BY ADDING A PARAGRAPH AND THE SECTION IS AMENDED BY
ADDING SUBSECTIONS 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
MUNICIPAL CODE OFFICIAL TO ACT ON BEHALF OF THE MUNICIPALITY
FOR ADMINISTRATION AND ENFORCEMENT OF THIS ACT. A MUNICIPAL
20170HB1469PN4299 - 8 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
CODE OFFICIAL MAY UTILIZE THIRD-PARTY AGENCIES TO SUPPLEMENT
THE MUNICIPAL CODE ENFORCEMENT PROGRAM'S PLAN REVIEW AND
INSPECTION SERVICES OR MAY UTILIZE THIRD-PARTY AGENCIES TO
PERFORM PLAN REVIEW AND INSPECTION SERVICES IN CATEGORIES
WHICH ITS PROGRAM DOES NOT POSSESS THE NECESSARY PERSONNEL TO
ADMINISTER.
(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.
THIS PARAGRAPH SHALL EXPIRE JUNE 30, 2019.
(2.1) ON AND AFTER JULY 1, 2019, BY THE RETENTION OF TWO
OR MORE THIRD-PARTY AGENCIES TO ACT ON BEHALF OF THE
MUNICIPALITY FOR ADMINISTRATION AND ENFORCEMENT OF THIS ACT.
(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). ANY
INTERMUNICIPAL AGREEMENT THAT PROVIDES FOR EXCLUSIVE
ENFORCEMENT BY A THIRD-PARTY AGENCY SHALL BE IN WRITING AND
CONFORM TO PARAGRAPH (2.1) ON AND AFTER JULY 1, 2019.
* * *
(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)(2.1) SHALL BE SUBJECT TO THE FOLLOWING
REQUIREMENTS:
(1) THE SERVICES OF THE THIRD-PARTY AGENCIES SHALL BE
FURNISHED AND PERFORMED UNDER WRITTEN PROFESSIONAL SERVICES
CONTRACTS WITH THE MUNICIPALITY.
(2) IN ENTERING INTO PROFESSIONAL SERVICES CONTRACTS
20170HB1469PN4299 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
UNDER THIS SUBSECTION, THE GOVERNING BODY OF THE MUNICIPALITY
SHALL TAKE INTO CONSIDERATION ALL OF THE FOLLOWING:
(I) THE QUALIFICATIONS OF THE THIRD-PARTY AGENCY.
(II) THE FEE SCHEDULE.
(III) THE AVAILABILITY OF SERVICES.
(IV) THE INPUT OF AFFECTED STAKEHOLDERS.
(3) THIRD-PARTY AGENCIES CONTRACTING WITH THE
MUNICIPALITY UNDER THIS SUBSECTION MAY NOT BE AFFILIATED WITH
ONE ANOTHER.
(4) ONE OF THE THIRD-PARTY AGENCIES CONTRACTING WITH THE
MUNICIPALITY UNDER THIS SUBSECTION SHALL BE DESIGNATED AS THE
ENFORCEMENT AGENT FOR THE MUNICIPALITY FOR GENERAL CODE
ENFORCEMENT ACTIONS.
(5) A PROFESSIONAL SERVICES CONTRACT BETWEEN A
MUNICIPALITY AND A THIRD-PARTY AGENCY IN EFFECT BEFORE THE
EFFECTIVE DATE OF THIS SUBSECTION SHALL REMAIN IN EFFECT AND
THE PROVISIONS OF SUBSECTION (B)(2.1) SHALL TAKE EFFECT UPON
THE EXPIRATION OF THE ORIGINAL TERMS OF THE PROFESSIONAL
SERVICES CONTRACT.
(6) 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 THREE
YEARS.
(7) THE PERMIT APPLICANT FROM THE MUNICIPALITY SHALL
CHOOSE FROM THE THIRD-PARTY AGENCIES APPROVED AND CONTRACTED
BY THE MUNICIPALITY.
(B.2) WAIVER.--IF A MUNICIPALITY OPTS TO ADMINISTER AND
ENFORCE THIS ACT UNDER SUBSECTION (B)(2.1) BUT CANNOT OBTAIN AN
OFFER FROM A QUALIFIED THIRD-PARTY AGENCY TO FULFILL THE NEED TO
HAVE AT LEAST TWO THIRD-PARTY AGENCIES, THE MUNICIPALITY MAY BE
20170HB1469PN4299 - 10 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
RELIEVED FROM THE REQUIREMENT OF RETAINING TWO THIRD-PARTY
AGENCIES BY COMPLETING A CERTIFICATION FORM, SUBJECT TO THE
FOLLOWING:
(1) THE MUNICIPALITY MUST COMPLETE THE CERTIFICATION
FORM BEFORE THE CONTRACT WITH THE SELECTED THIRD-PARTY AGENCY
IS EXECUTED AND MUST MAINTAIN THE FORM THROUGHOUT THE LIFE OF
THE CONTRACT WITH THE THIRD-PARTY AGENCY.
(2) THE CERTIFICATION FORM MUST BE COMPLETED ANNUALLY.
(3) A COPY OF THE CERTIFICATION FORM MUST BE FILED WITH
THE DEPARTMENT. THE DEPARTMENT SHALL MAINTAIN A LIST OF
MUNICIPALITIES THAT HAVE FILED A CERTIFICATION FORM ON THE
DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.
(4) THE DEPARTMENT SHALL FURNISH THE CERTIFICATION FORM
WHICH MUST:
(I) REQUIRE THE MUNICIPALITY TO DISCLOSE THE METHODS
AND DATES OF THE PUBLIC SOLICITATION. FOR PURPOSES OF
MEETING THIS REQUIREMENT, THE MUNICIPALITY SHALL
ADVERTISE REQUESTS FOR PROPOSALS AND ANNOUNCE THE
SOLICITATION AT A PUBLIC MEETING.
(II) REQUIRE THE MUNICIPALITY TO DISCLOSE THE NUMBER
OF QUALIFIED BIDS RECEIVED TO THE PUBLIC SOLICITATION.
(III) CONTAIN A STATEMENT THAT THE INFORMATION
PROVIDED BY THE MUNICIPALITY IS IN COMPLIANCE WITH 18
PA.C.S. § 4904 (RELATING TO UNSWORN FALSIFICATION TO
AUTHORITIES).
(IV) CONTAIN A STATEMENT THAT THE DEPARTMENT DOES
NOT HAVE THE DISCRETION TO DENY WAIVER REQUESTS.
(B.3) DUTIES OF MUNICIPALITIES.--IF A MUNICIPALITY CONTRACTS
WITH THIRD-PARTY AGENCIES FOR THE ADMINISTRATION AND ENFORCEMENT
OF THIS ACT, THE MUNICIPALITY SHALL:
20170HB1469PN4299 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) ENSURE THAT THE FORM UTILIZED FOR A PERMIT
APPLICATION NOTIFIES AN APPLICANT OF ALL OF THE FOLLOWING:
(I) THE THIRD-PARTY AGENCY IS ACTING ON BEHALF OF
THE MUNICIPALITY.
(II) AN APPLICANT MAY INFORM THE GOVERNING BODY OF
COMPLAINTS ABOUT THE THIRD-PARTY AGENCIES' SERVICES,
INCLUDING REPORTS OF INCOMPETENCE OR GROSS NEGLIGENCE, A
FAILURE TO ABIDE BY A TIME PERIOD SPECIFIED UNDER THIS
ACT, UNPROFESSIONAL BEHAVIOR OR DISCRIMINATION BASED ON
PERSONAL BIAS AGAINST THE APPLICANT.
(III) THE DEPARTMENT CERTIFIES THIRD-PARTY AGENCIES
AND INVESTIGATES COMPLAINTS DUE TO VIOLATIONS OF THIS
ACT, INCOMPETENCE OR GROSS NEGLIGENCE, FRAUD, DECEIT OR
ACTS OF MORAL TURPITUDE.
(IV) THE DEPARTMENT HAS A PUBLICLY ACCESSIBLE
INTERNET WEBSITE THAT INCLUDES THE FORM FOR FILING A
COMPLAINT UNDER SUBPARAGRAPH (III).
(2) MAINTAIN A RECORD OF COMPLAINTS SUBMITTED UNDER
PARAGRAPH (1)(II).
(C) BOARD OF APPEALS.--
(1) A MUNICIPALITY WHICH HAS ADOPTED AN ORDINANCE FOR
THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT OR
MUNICIPALITIES WHICH ARE PARTIES TO AN AGREEMENT FOR THE
JOINT ADMINISTRATION AND ENFORCEMENT OF THIS ACT SHALL
ESTABLISH OR DESIGNATE A BOARD OF APPEALS AS PROVIDED BY
REGULATIONS PROMULGATED BY THE DEPARTMENT TO HEAR APPEALS
FROM DECISIONS OF THE CODE ADMINISTRATOR[.] SUBJECT TO THE
FOLLOWING:
(I) MEMBERS OF THE MUNICIPALITY'S GOVERNING BODY MAY
NOT SERVE AS MEMBERS OF THE BOARD OF APPEALS.
20170HB1469PN4299 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(II) A MUNICIPALITY MAY ESTABLISH A BOARD OF APPEALS
OR MAY ESTABLISH OR DESIGNATE A JOINT BOARD OF APPEALS IN
ACCORDANCE WITH 53 PA.C.S. CH. 23 SUBCH. A (RELATING TO
INTERGOVERNMENTAL COOPERATION).
(III) A CITY OF THE FIRST CLASS MAY DESIGNATE AN
EXISTING DEPARTMENTAL BOARD THAT HAS JURISDICTION OVER
BUILDING STANDARD APPEALS TO ACT AS THE BOARD OF APPEALS
OF THE CITY OF THE FIRST CLASS AND ADVISE THE APPROPRIATE
DEPARTMENT THAT OVERSEES BUILDING STANDARDS AS TO WHETHER
AN APPEAL SHOULD BE GRANTED, MODIFIED OR REJECTED. THE
DEPARTMENT SHALL RENDER FINAL DECISION ON REQUESTS FOR
APPEAL.
* * *
Section 3 2. The department may issue regulations to
establish or clarify procedures necessary to effectuate the
intent of this act.
SECTION 3. THE AMENDMENT OF SECTION 501(B)(3) OF THE ACT
SHALL APPLY TO INTERMUNICIPAL AGREEMENTS ENTERED INTO ON AND
AFTER THE EFFECTIVE DATE OF THIS SECTION.
Section 4. This act shall take effect in 60 days
IMMEDIATELY.
20170HB1469PN4299 - 13 -
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21