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PRIOR PRINTER'S NO. 781
PRINTER'S NO. 1241
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
663
Session of
2017
INTRODUCED BY LAUGHLIN, DiSANTO, RESCHENTHALER, AUMENT,
LANGERHOLC AND BARTOLOTTA, MAY 2, 2017
AS AMENDED ON THIRD CONSIDERATION, OCTOBER 16, 2017
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) of the act of November 10, 1999
(P.L.491, No.45), known as the Pennsylvania Construction Code
Act, is amended and the section is amended by adding a
subsection 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
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for administration and enforcement of this act.
(2) By the retention of [one] three or more construction
code officials or 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).
(4) By entering into a contract with the proper
authorities of another municipality for the administration
and enforcement of this act. When such a contract has been
entered into, the municipal code official shall have all the
powers and authority conferred by law in the municipality
which has contracted to secure such services.
(5) By entering into an agreement with the department
for plan reviews, inspections and enforcement of structures
other than one-family or two-family dwelling units and
utility and miscellaneous use structures.
(b.1) Fee limitations.--
(1) A municipality administering and enforcing this act
in accordance with subsection (b)(1) or (3) shall collect
fees that represent the actual administrative costs of code
enforcement.
(2) A municipality subject to paragraph (1) shall
annually report to the department, on a schedule determined
by the department, the fees collected and the operating costs
of the municipality's code enforcement program. The
department shall have the power to order a municipality to
readjust a fee schedule that the department reasonably
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believes to be excessive. For the purposes of this paragraph,
the term "excessive" shall mean annual fees that exceed
operating costs of the code enforcement program by 10%.
(3) Municipalities administering and enforcing this act
in accordance with paragraph (1) shall not require a
standardized fee schedule and shall permit construction code
officials or third-party agencies to establish independent
fee schedules.
* * *
Section 2. This act shall take effect January 1, 2018.
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