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07/26/2024 02:34 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?SPick=20230&chamber=H&cosponId=39074
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House of Representatives
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: January 3, 2023 01:10 PM
From: Representative Eric R. Nelson
To: All House members
Subject: Pennsylvania Construction Code Transparency (Former HB 1790)
 
I am preparing to reintroduce former HB 1790 (Silvis) from the prior session to enhance transparency and consistency for individuals dealing with the PA Construction Codes and provide additional accountability for code administrators.
 
Although most code officials are helpful, I have received complaints from property owners, builders and entrepreneurs regarding inspectors giving verbal requirements for construction changes or general statements on items needing to be corrected in their plans without supporting citations. The applicant is unable to dispute the assertion, get a building permit to start their project or an occupancy permit to open their business. 
 
Current UCC regulations do require a code administrator to provide reasons for plan denial during plan review; however, the regulations are unclear that “citations” be specifically of the sections of the relevant codes and there is no requirement to provide the specific standard during site inspections required during construction and prior to issuance of occupancy permit.  Likewise, Labor and Industry does not currently review complaints about extremely rude or discriminatory behavior by code administrators.
 
My bill will:
  • Require written descriptions of the deficiencies, including the specific code citations, to be provided to a permit holder when a project fails a code inspection.
  • Provide additional disclosures for applicants on the permit application.
  • Codify the regulations on corrective action for code officials and add additional grounds for corrective action.
 
Currently, multiple layers of building codes can create a challenging and complex set of rules which can be difficult to navigate.  For persons who are not professional builders, attempting to complete a home or business can be frustrating because they pay fees for plan review/inspections and may not receive clear expectations for correction.
 
This commonsense legislation, which passed the House by a vote of 197-3 during the prior session, simply establishes a minimum standard of professionalism that most code officials already follow. 

Please join me in co-sponsoring this legislation.