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.

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
 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," in adoption and enforcement
 6      by municipalities, further providing for administration and
 7      enforcement.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.     Section 501(b)(1), (2) and (3) and (c)(1) of the
11   act of November 10, 1999 (P.L.491, No.45), known as the
12   Pennsylvania Construction Code Act, are amended, subsection (b)
13   is amended by adding a paragraph and the section is amended by
14   adding subsections to read:
15   Section 501.    Administration and enforcement.
16      * * *
17      (b)   Municipal administration and enforcement.--This act may
18   be administered and enforced by municipalities in any of the
19   following ways:
20            (1)   By the designation of an employee to serve as the
 1    municipal code official to act on behalf of the municipality
 2    for administration and enforcement of this act. A municipal
 3    code official may utilize third-party agencies to supplement
 4    the municipal code enforcement program's plan review and
 5    inspection services or may utilize third-party agencies to
 6    perform plan review and inspection services in categories
 7    which its program does not possess the necessary personnel to
 8    administer.
 9        (2)   By the retention of one or more construction code
10    officials or third-party agencies to act on behalf of the
11    municipality for administration and enforcement of this act.
12    This paragraph shall expire January 1, 2026.
13        (2.1)     On and after January 1, 2026, by the retention of
14    two or more third-party agencies to act on behalf of the
15    municipality for administration and enforcement of this act.
16        (3)   Two or more municipalities may provide for the joint
17    administration and enforcement of this act through an
18    intermunicipal agreement under 53 Pa.C.S. Ch. 23 Subch. A
19    (relating to intergovernmental cooperation). The following
20    apply:
21              (i)    Intergovernmental cooperation agreements that
22        provide for the joint administration and enforcement of
23        this act by utilizing third-party agencies shall be in
24        writing and conform to paragraph (2.1) on and after
25        January 1, 2026.
26              (ii)    Professional service contracts entered into
27        with third-party agencies on or after the effective date
28        of this subparagraph for the purpose specified under
29        subparagraph (i) may not exceed three years.
30              (iii)    The provisions of subsections (b.1), (b.2) and

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 1          (b.3) shall apply to intergovernmental cooperation
 2          agreements that provide for the joint administration and
 3          enforcement of this act by utilizing third-party
 4          agencies.
 5          * * *
 6      (b.1)    Administration and enforcement by third-party
 7   agencies.--A municipality opting to administer and enforce this
 8   act by retaining two or more third-party agencies under
 9   subsection (b)(2.1) shall be subject to the following
10   requirements:
11          (1)    The services of the third-party agencies shall be
12      furnished and performed under written professional services
13      contracts with the municipality.
14          (2)    In entering into professional services contracts on
15      or after the effective date of this subsection, the governing
16      body of the municipality shall take into consideration all of
17      the following:
18                (i)    The qualifications of the third-party agency.
19                (ii)    The fee schedule.
20                (iii)    The availability of services.
21                (iv)    The input of affected stakeholders.
22          (3)    Third-party agencies contracting with the
23      municipality under this subsection may not be affiliated with
24      one another.
25          (4)    A professional services contract entered into
26      between a municipality and a third-party agency on or after
27      the effective date of this subsection may not exceed three
28      years.
29          (5)    The permit applicant from the municipality shall
30      choose from the third-party agencies approved and contracted

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 1      by the municipality. The permit applicant may only utilize
 2      the services of the permit applicant's selected third-party
 3      agency for the services required under this act and
 4      associated with the permit applicant's project.
 5      (b.2)   Waiver.--If a municipality opts to administer and
 6   enforce this act under subsection (b)(2.1) but cannot obtain an
 7   offer from a third-party agency to fulfill the need to have at
 8   least two third-party agencies, the municipality may be relieved
 9   from the requirement of retaining two third-party agencies by
10   completing a certification form, subject to the following:
11          (1)   The municipality must complete the certification
12      form before the contract with the selected third-party agency
13      is executed and must maintain the form throughout the life of
14      the contract with the third-party agency.
15          (2)   The certification form must be completed annually.
16          (3)   A copy of the certification form must be filed with
17      the department. The department shall maintain a list of
18      municipalities that have filed a certification form on the
19      department's publicly accessible Internet website.
20          (4)   The department shall furnish the certification form
21      which must:
22                (i)    Require the municipality to disclose the methods
23          and dates of the public solicitation. For purposes of
24          meeting this requirement, the municipality shall
25          advertise requests for proposals and announce the
26          solicitation at a public meeting.
27                (ii)    Require the municipality to disclose the number
28          of qualified bids received to the public solicitation.
29                (iii)   Contain a statement that the information
30          provided by the municipality is in compliance with 18

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 1            Pa.C.S. § 4904 (relating to unsworn falsification to
 2            authorities).
 3                  (iv)    Contain a statement that the department does
 4            not have the discretion to deny waiver requests.
 5      (b.3)   Duties of municipalities.--If a municipality contracts
 6   with third-party agencies for the administration and enforcement
 7   of this act, the municipality shall:
 8            (1)   Ensure that the form utilized for a permit
 9      application notifies an applicant of all of the following:
10                  (i)    The third-party agency is acting on behalf of
11            the municipality.
12                  (ii)    An applicant may inform the governing body of
13            complaints about the third-party agencies' services,
14            including reports of incompetence or gross negligence, a
15            failure to abide by a time period specified under this
16            act, unprofessional behavior or discrimination based on
17            personal bias against the applicant.
18                  (iii)    The department certifies third-party agencies
19            and investigates complaints due to violations of this
20            act, incompetence or gross negligence, fraud, deceit or
21            acts of moral turpitude.
22                  (iv)    The department has a publicly accessible
23            Internet website that includes the form for filing a
24            complaint under subparagraph (iii).
25            (2)   Maintain a record of complaints submitted under
26      paragraph (1)(ii).
27      (c)   Board of appeals.--
28            (1)   A municipality which has adopted an ordinance for
29      the administration and enforcement of this act or
30      municipalities which are parties to an agreement for the

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 1      joint administration and enforcement of this act shall
 2      establish or designate a board of appeals as provided by
 3      regulations promulgated by the department to hear appeals
 4      from decisions of the code administrator[.] subject to the
 5      following:
 6              (i)     Members of the municipality's governing body may
 7          not serve as members of the board of appeals.
 8              (ii)    A municipality may establish a board of appeals
 9          or may establish or designate a joint board of appeals in
10          accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to
11          intergovernmental cooperation).
12              (iii)    A city of the first class may designate an
13          existing departmental board that has jurisdiction over
14          building standard appeals to act as the board of appeals
15          of the city of the first class and advise the appropriate
16          department that oversees building standards as to whether
17          an appeal should be granted, modified or rejected. The
18          department shall render final decision on requests for
19          appeal.
20          * * *
21      Section 2.    The department may issue regulations to establish
22   or clarify procedures necessary to effectuate the intent of this
23   act.
24      Section 3.    The provisions of this act are severable. If any
25   provision of this act or its application to any person or
26   circumstance is held invalid, the invalidity shall not affect
27   other provisions or applications of this act which can be given
28   effect without the invalid provision or application.
29      Section 4.    This act shall take effect immediately.



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