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PRINTER'S NO. 2030
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1790
Session of
2021
INTRODUCED BY SILVIS, HAMM, HEFFLEY, MILLARD, RADER AND
STAMBAUGH, AUGUST 12, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, AUGUST 12, 2021
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 consideration of
applications and inspections; and, in training and
certification of inspectors, providing for corrective action.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 502(a)(2) of the act of November 10, 1999
(P.L.491, No.45), known as the Pennsylvania Construction Code
Act, is amended and the subsection is amended by adding
paragraphs to read:
Section 502. Consideration of applications and inspections.
(a) Applications for permits and inspections.--
* * *
(2) If an application is denied in whole or in part, the
code administrator shall set forth the reasons in writing,
identifying the elements of the application which are not in
compliance with the relevant provisions of the Uniform
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Construction Code and ordinance as appropriate and providing
a citation to the relevant provisions of the Uniform
Construction Code and ordinance as appropriate. The written
notification shall provide specific references to the
sections of the applicable ICC codes with which the code
administrator requires the application to be in compliance
before the application can be approved.
* * *
(4) A construction code official shall perform the
required inspections of construction to ensure that the
construction complies with a permit approved under this
subsection and the Uniform Construction Code. The following
apply:
(i) Inspections shall only be conducted during
normal business hours at the construction site unless the
permit holder or agent requests or agrees to another
time.
(ii) The construction code official shall provide
the permit holder with a written description of items
that are not in compliance. The written description shall
include specific references to the sections of the
applicable ICC codes that require remedial action.
(5) A municipality shall ensure that the form utilized
for a permit application notifies an applicant of all of the
following:
(i) The department investigates complaints about
code administrators and can take corrective action for
just cause section 701.1. The notice provided shall
include a list of the infractions that constitute just
cause under section 701.1 and department regulations.
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(ii) The department has a publicly accessible
Internet website that includes the form for filing a
complaint under subparagraph (i).
(iii) An applicant may file a complaint with the
department about a violation that would constitute just
cause for the department to initiate corrective action
under section 701.1.
* * *
Section 2. The act is amended by adding a section to read:
Section 701.1. Corrective action.
(a) Decertification or refusal to certify.--The department
may initiate action against a code administrator or refuse to
issue certification for just cause, which includes the
following:
(1) Failure to remedy an error or omission specified in
a formal warning or comply with an order issued by the
department under this section.
(2) Fraud or deceit or making untrue representations in
obtaining a certification.
(3) Failure to remit the required certification fee.
(4) Violation of this act or department regulations
related to the training and certification of code
administrators.
(5) Incompetence or gross negligence.
(6) Acting in a manner presenting a danger to the public
health and safety.
(7) Pleading guilty, entering a plea of nolo contendere,
being found guilty, receiving probation without verdict,
disposition in lieu of trial or an Accelerated Rehabilitative
Disposition to a felony or any crime relating to the business
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of code administrator in a Federal court, the courts of this
Commonwealth or a court of any other state, territory or
insular possession of the United States.
(8) Having a certification or an authorization to engage
in the business of code administrator revoked or suspended,
having other disciplinary action taken or having an
application for certification or authorization to engage in
the business of code administrator refused or denied by the
proper authority of another state or Federal district,
territory or insular possession of the United States, the
Federal Government or Canada.
(9) Failing to complete continuing education
requirements of this act or engaging in deceit or
misrepresentation in the reporting of continuing education
requirements.
(10) Engaging in fraud, deceit or an act of moral
turpitude while acting as code administrator.
(11) Failing to enforce this act or the Uniform
Construction Code.
(12) Knowingly aiding and abetting a person engaging in
code administrator activity who is not currently certified or
registered.
(13) Being a third-party agency that does not comply
with department regulations relating to liability insurance
coverage.
(14) Engaging in the activities of a code administrator
or advertising as a code administrator without a current
certification required for the work performed or registration
issued by the department.
(15) A violation of this act related to any time frame
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in which the code administrator is required to take a
specific action.
(16) Unreasonably disparate treatment of similarly
situated applicants or permit holders for any reason.
(17) Extremely rude or unprofessional behavior, if the
behavior would be likely to cause a reasonable person to
conclude that the code administrator cannot enforce the
provisions of this act and the Uniform Construction Code in
an unbiased manner.
(18) Any other reason, as may be provided in department
regulations related to the training and certification of code
administrators.
(b) Notice and hearing.--
(1) Actions of the department relating to
decertification under this section shall be taken subject to
the right of notice, hearing and adjudication in accordance
with 2 Pa.C.S. (relating to administrative law and
procedure).
(2) Decertification proceedings shall be conducted in
accordance with 1 Pa. Code Pt. II (relating to the general
rules of administrative practice and procedure).
(c) Procedure for decertification.--
(1) The department shall serve the code administrator
with an order to show cause in accordance with 1 Pa. Code §
35.14 (relating to orders to show cause). The following
apply:
(i) The order to show cause shall contain
notification that:
(A) The certification may be subject to action,
along with the grounds for the action.
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(B) The code administrator is to respond in
writing within 30 days after the date of service of
the order.
(ii) The department shall also serve a copy of the
order to show cause upon:
(A) The supervising official in the municipality
where the alleged incidents occurred.
(B) The current employer of the code
administrator.
(2) The code administrator may respond in writing to the
allegations in the order to show cause in accordance with 1
Pa. Code § 35.37 (relating to answers to orders to show
cause). If made, the answer shall be filed with the
department within 30 days after the date of service of the
order to show cause.
(3) At the request of the code administrator, the
department shall hold a hearing on the matter that is the
subject of the order to show cause. The secretary shall
designate a presiding officer to conduct the hearing and
issue a proposed report. The following apply:
(i) The presiding officer shall:
(A) Conduct hearings in accordance with 1 Pa.
Code Ch. 35 Subch. E (relating to presiding
officers).
(B) Issue a proposed report that shall be served
upon counsel of record or to the parties in the
hearing.
(C) Transmit the proposed report and the
certified record to the secretary within 15 days
after issuance of the proposed report.
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(ii) The report shall be prepared in accordance with
1 Pa. Code §§ 35.201 (relating to certification of record
without proposed report), 35.202 (relating to proceedings
in which proposed reports are prepared), 35.203 (relating
to unavailability of presiding officer), 35.204 (relating
to oral argument before presiding officer), 35.205
(relating to contents of proposed reports), 35.206
(relating to proposed report a part of the record) and
35.207 (relating to service of proposed reports).
(4) A participant desiring to appeal to the secretary
shall, within 30 days after the service of a copy of the
proposed report under paragraph (3), file exceptions to the
proposed report in accordance with 1 Pa. Code § 35.211
(relating to procedure to except to proposed report). A
response to the exceptions may be filed within 20 days after
the filing of exceptions.
(5) The secretary or a designee of the secretary shall
issue a final order in accordance with 1 Pa. Code § 35.226
(relating to final orders).
(d) Types of corrective action.--When the department is
authorized to take action against a code administrator, the
department may:
(1) Administer a formal warning.
(2) Require the code administrator to take remedial
educational courses under section 701(g).
(3) Decertify the code administrator under section
701(h) for a period set by the department. Following
decertification, the department shall order the code
administrator to surrender the certificate specifying that
the code administrator was so certified.
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(4) Deny the application for certification.
(e) Conditions for reinstatement.--Unless ordered to do so
by a court of competent jurisdiction, the department may not
reinstate certification to a person who was decertified until
the following conditions are met:
(1) The full period of decertification ordered by the
department has elapsed.
(2) The person has complied with conditions imposed by
the department's order of decertification and recertification
would not be detrimental to the public health and safety.
(3) The person complies with departmental regulations
and procedures issued under section 701 relating to
application and identification.
Section 3. The amendment of section 502(a) of the act shall
apply to applications for construction permits submitted on or
after the effective date of this act.
Section 4. This act shall take effect in 180 days.
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