Pennsylvania SB 309: An Act amending the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act, in adoption and enforcement by municipalities, further providing for administration and enforcement.

Bill Text

PRINTER'S NO. 245
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 309
Session of
2025
INTRODUCED BY LAUGHLIN, PENNYCUICK, STEFANO, MILLER AND DUSH,
FEBRUARY 26, 2025
REFERRED TO LABOR AND INDUSTRY, FEBRUARY 26, 2025
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
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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 January 1, 2026.
(2.1) On and after January 1, 2026, 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, 2026.
(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
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(b.3) shall apply to intergovernmental cooperation
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
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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 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 select