Bill Text: PA HB1574 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for administration and enforcement.

Sponsorship: Moderate Partisan Bill (Republican 15-3)

Status: (Introduced - Dead) 2009-06-01 - Referred to LABOR RELATIONS [HB1574 Detail]

Download: Pennsylvania-2009-HB1574-Introduced.html

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PRINTER'S NO. 1952
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1574 Session of2009
INTRODUCED BY SONNEY, BOYD, BROOKS, CREIGHTON, CUTLER, J. EVANS, GIBBONS, GINGRICH, HALUSKA, M. KELLER, MILLARD, MOUL, MURT, PICKETT, PYLE, RAPP, REICHLEY AND SIPTROTH, JUNE 1, 2009
REFERRED TO COMMITTEE ON LABOR RELATIONS, JUNE 1, 2009
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," 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, carried without amendment November 29, 2006 (P.L.1440,
No.157), is amended and the section is amended by adding a
subsection to read:
Section 501. Administration and enforcement.
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(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.
(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
pursuant to subsection (b)(1) or (3) shall collect fees that
represent their actual administrative costs of code
enforcement.
(2) Municipalities subject to paragraph (1) shall
annually report to the department, on a schedule determined
by the department, the fees that were collected and the
operating costs of their code enforcement program. The
department shall have the power to order municipalities to
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readjust fee schedules which it reasonably believes to be
excessive. For the purposes of this paragraph, the term
"excessive" shall mean programs whose annual fees exceed
operating costs by 10%.
(3) Municipalities administering and enforcing this act
pursuant to paragraph (1) shall not require a standardized
fee schedule and shall permit construction code officials or
third party agencies to establish independent fee schedules.
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Section 3. This act shall take effect January 1, 2010.
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