PRINTER'S NO. 707
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
634
Session of
2021
INTRODUCED BY LAUGHLIN AND DiSANTO, MAY 4, 2021
REFERRED TO LABOR AND INDUSTRY, MAY 4, 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 administration and
enforcement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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
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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.
This paragraph shall expire January 1, 2022.
(2.1) On and after January 1, 2022, 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). The following
apply:
(i) Intergovernmental cooperation agreements that
provide for the joint administration and enforcement of
this act by utilizing third-party agencies shall be in
writing and conform to paragraph (2.1) on and after
January 1, 2022.
(ii) Professional service contracts entered into
with third-party agencies on or after the effective date
of this subparagraph for the purpose specified under
subparagraph (i) may not exceed three years.
(iii) The provisions of subsections (b.1), (b.2) and
(b.3) shall apply to intergovernmental cooperation
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agreements that provide for the joint administration and
enforcement of this act by utilizing third-party
agencies.
* * *
(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 on
or after the effective date of 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) 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.
(5) The permit applicant from the municipality shall
choose from the third-party agencies approved and contracted
by the municipality. The permit applicant may only utilize
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the services of the permit applicant's selected third-party
agency for the services required under this act and
associated with the permit applicant's project.
(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 third-party agency to fulfill the need to have at
least two third-party agencies, the municipality may be 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. ยง 4904 (relating to unsworn falsification to
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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:
(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
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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.
(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 2. The department may issue regulations to establish
or clarify procedures necessary to effectuate the intent of this
act.
Section 3. The provisions of this act are severable. If any
provision of this act or its application to any person or
circumstance is held invalid, the invalidity shall not affect
other provisions or applications of this act which can be given
effect without the invalid provision or application.
Section 4. This act shall take effect immediately.
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