PRINTER'S NO. 2359
No. 1763 Session of 2007
INTRODUCED BY SONNEY, BEAR, CUTLER, HALUSKA, KORTZ, MARSHALL,
MENSCH, MILLARD, PYLE, SIPTROTH AND YOUNGBLOOD, JULY 17, 2007
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JULY 17, 2007
AN ACT
1 Amending the act of November 10, 1999 (P.L.491, No.45), entitled
2 "An act establishing a uniform construction code; imposing
3 powers and duties on municipalities and the Department of
4 Labor and Industry; providing for enforcement; imposing
5 penalties; and making repeals," further providing for
6 administration and enforcement.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 501(b) of the act of November 10, 1999
10 (P.L.491, No.45), known as the Pennsylvania Construction Code
11 Act, carried without amendment November 29, 2006 (P.L.1440,
12 No.157), and subsection (d) are amended to read:
13 Section 501. Administration and enforcement.
14 * * *
15 (b) Municipal administration and enforcement.--This act may
16 be administered and enforced by municipalities in any of the
17 following ways:
18 (1) By the designation of an employee to serve as the
19 municipal code official to act on behalf of the municipality
20 for administration and enforcement of this act.
1 (2) By the retention of [one] three or more construction
2 code officials or third-party agencies to act on behalf of
3 the municipality for administration and enforcement of this
4 act.
5 (3) Two or more municipalities may provide for the joint
6 administration and enforcement of this act through an
7 intermunicipal agreement under 53 Pa.C.S. Ch. 23 Subch. A
8 (relating to intergovernmental cooperation).
9 (4) By entering into a contract with the proper
10 authorities of another municipality for the administration
11 and enforcement of this act. When such a contract has been
12 entered into, the municipal code official shall have all the
13 powers and authority conferred by law in the municipality
14 which has contracted to secure such services.
15 (5) By entering into an agreement with the department
16 for plan reviews, inspections and enforcement of structures
17 other than one-family or two-family dwelling units and
18 utility and miscellaneous use structures.
19 * * *
20 [(d) Registration.--Nothing in this act shall allow a
21 municipality to prohibit a construction code official who meets
22 the requirements of Chapter 7 and remains in good standing from
23 performing inspections in the municipality. This section does
24 not alter the power and duties given to municipalities under
25 subsection (b)(1), (3) and (4).]
26 (d) Inspections.--Any third party agency which is
27 administering and enforcing the Uniform Construction Code for a
28 municipality shall accept the inspection reports of any
29 construction code official.
30 * * *
20070H1763B2359 - 2 -
1 Section 2. This act shall take effect in 60 days.
F20L35JKL/20070H1763B2359 - 3 -