Please wait while the document is loaded.

A00541
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
349
Session of
2019
INTRODUCED BY HEFFLEY, GREINER, RYAN, MOUL, MILLARD, MACKENZIE,
KNOWLES, EMRICK, HILL-EVANS, LAWRENCE, MALONEY, COX, TURZAI
AND MASSER, FEBRUARY 1, 2019
AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 25, 2019
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, amended October 25, 2017
(P.L.356, No.36), 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
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
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 JANUARY 1, 2020 .
(2.1) On and after July 1, 2019 JANUARY 1, 2020 , by the
retention of two or more third-party agencies to act on
behalf of the municipality for administration and enforcement
of this act.
(2.1) For municipalities that administer and enforce
this act utilizing paragraph (2) on and after January 1,
2020, the following apply:
(i) Where the department has reviewed a third-party
agency as a result of a complaint, as provided for in
section 105, has found in favor of the complainant and
determines a pattern of incompetence or gross negligence,
fraud, deceit, acts of moral turpitude, a failure to
abide by a time period specified under this act,
unprofessional behavior or discrimination based on
personal bias against the applicant by the third-party
agency, the municipality shall retain two or more third-
A00541 - 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
party agencies to act on behalf of the municipality for
administration and enforcement of this act.
(ii) After a period of three years, the municipality
may request from the department the ability to revert to
paragraph (2). The department shall notify the
municipality of its decision in a timely manner.
(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. THE
FOLLOWING APPLY:
(I) INTERMUNICIPAL 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, 2020.
(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 INTERMUNICIPAL 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 required to administer and
enforce this act by retaining two or more third-party agencies
A00541 - 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
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
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. The terms of a professional service
contract between a municipality and a third-party agency in
effect on the effective date of this subsection may not be
binding on a successor governing body of the municipality.
(4) A PROFESSIONAL SERVICES CONTRACT BETWEEN A
MUNICIPALITY AND A THIRD-PARTY AGENCY IN EFFECT ON THE
A00541 - 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
EFFECTIVE DATE OF THIS SUBSECTION MAY REMAIN IN EFFECT FOR
THE PURPOSE OF SATISFYING THE REQUIREMENT THAT THE
MUNICIPALITY RETAIN TWO OR MORE THIRD-PARTY AGENCIES UNDER
SUBSECTION (B)(2.1).
(6) (5) 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) (6) 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
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 is required 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 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.
A00541 - 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
(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
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
A00541 - 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
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.
(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.
A00541 - 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
* * *
Section 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. 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.
A00541 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13