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LEGISLATIVE UPDATE
HB1507 is the only UCC-related bill that is currently poised for possible consideration and action by the full House of Representatives.
The bill was re-referred to the Labor Relations Committee, which made some significant amendments to the bill, and then reported the bill to the full house. The bill was given first consideration on May 11th and then "laid on the table", as required by the rules of the legislative process.
(If you are not personally familiar with the process that a bill follows during consideration and leading to ultimate passage, follow this link (it's really fairly interesting and something that everyone should know who is planning to become legislatively active): (make sure to click on "continue" to the next part at the bottom of each page)
HB1507 basically deals with "illegally occupied structures" that were illegal on April 10, 2004 by virtue of existing before the UCC took effect and by virtue of never having been issued a certificate of occupancy or occupancy permit.
HB1507 would create a "mechanism or method" by which these illegally occupied structures could be declared "legally occupied" and issued a certificate of occupancy under the UCC:
1. These buildings shall be treated as existing buildings under Chapter 3
2. The BCO shall issue a certificate of occupancy for these buildings if:
The entire building meets the requirements of Chapter 3 for fire protection systems and means of egress (please note that the bill itself defines fire protection systems & means of egress)
The building is not unsafe, unsanitary or judged to be a fire hazard or dangerous to human life or public welfare
For buildings under this section only, the BCO shall not require changes to the building which are technically infeasible for the purpose of meeting means of egress requirements
A BCO shall construe this section liberally to allow a property owner to maintain occupancy of a building under this section.
The amendments adopted by the Labor Relations Committee basically deal with immunity from liability for decisions made and actions taken under the provisions of this bill (assuming it becomes law). Municipalities would not be held civilly liable for its acts or omissions in permitting the occupancy of a building which did not have a certificate of occupancy prior to April 10, 2004
The Commonwealth shall indemnify and hold harmless all of the following against claims for acts or omissions described in point #1
a. Municipalities b. Elected or appointed municipal officials c. Municipal employee or agent (third party agencies would be considered municipal agents) d. Municipal volunteers
NOW..... for all of you that have been tormented by the illegally occupied structure issue, this piece of legislation would clearly address the issue. Please open the pdf, read the AMENDED bill, and decide if the provisions of this bill would solve the issue (or improve it) from your vantage point.
I would appreciate hearing from as many of you as possible regarding your stance on this bill....do you support it (and why)... do you oppose it (and why)....would you like to see additional or different language in the bill (and what would you want that language to accomplish). PABCO is prepared to become involved in the legislative debate on this bill, but would certainly like to know where its members stand on the bill, as it currently exists.
Non-PABCO members are invited to share their thoughts and comments and will be taken into consideration by the PABCO members who ultimately will decide whatever actions PABCO takes.
Nonetheless, if you support this bill, contact YOUR state representative (the one and only one that you can vote for). If you oppose this bill, contact them as well. Tell them WHY you support or oppose the bill. What problems would the bill solve or lessen. What additional problems would the bill create.
Contact your representative by phone, fax, email, letter or in-person. The most effective method is certainly in person or by phone, because you can have a dialogue about this bill and the problems it intends to help, as opposed to you simply stating your position via email, fax or letter. However, expressing yourself, regardless of the method you choose, is the most important point of all.
If you decide to get your employees or others involved in supporting or opposing this legislation, and if they do not know who their state representative is, just CLICK HERE for information on how to find your state rep or senator.
The next step will be second consideration by the full house. That could occur at any time now. So....please educate yourself about the bill and prepare a few brief notes of how the bill would help or hurt you and the constituents that you and your representative serve.
If you have questions about the bill (what it really means) that have not been answered in this report, or are looking for help with talking points in your individual situation, feel free to call or email me.
I would appreciate hearing any reactions or responses you receive from your representatives
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