I 

111TH CONGRESS 

1ST SESSION H. R. 2246 

To promote and enhance the operation of local building code enforcement 

administration across the country by establishing a competitive Federal 

matching grant program. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2009 

Mr. MOORE of Kansas (for himself, Mrs. BIGGERT, and Ms. TITUS) introduced the following bill; which was referred to the Committee on Financial Services 

A BILL 

To promote and enhance the operation of local building code 

enforcement administration across the country by establishing a competitive Federal matching grant program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Community Building 

5 Code Administration Grant Act of 2009’’. 

6 SEC. 2. GRANT PROGRAM AUTHORIZED. 

7 (a) GRANT AUTHORIZATION.—The Secretary of 

8 Housing and Urban Development shall to the extent 

9 amounts are made available for grants under this Act proVerDate Nov 24 2008 21:13 May 06, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2246.IH H2246

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1 vide grants to local building code enforcement depart2 ments. 

3 (b) COMPETITIVE AWARDS.—The Secretary shall 

4 award grants under subsection (a) on a competitive basis 

5 pursuant to the criteria set forth in section 6, but also 

6 taking into consideration the following: 

7 (1) The financial need of each building code en8 forcement department. 

9 (2) The benefit to the jurisdiction of having an 

10 adequately funded building code enforcement depart11 ment. 

12 (3) The demonstrated ability of each building 

13 code enforcement department to work cooperatively 

14 with other local code enforcement offices, health de15 partments, and local prosecutorial agencies. 

16 (c) MAXIMUM AMOUNT.—The maximum amount of 

17 any grant awarded under this section shall not exceed 

18 $1,000,000. 

19 SEC. 3. REQUIRED ELEMENTS IN GRANT PROPOSALS. 

20 In order to be eligible for a grant under section 2, 

21 a building code enforcement department of a jurisdiction 

22 shall submit to the Secretary the following: 

23 (1) A demonstration of the jurisdiction’s needs 

24 in executing building code enforcement administra25 tion. 


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1 (2) A plan for the use of any funds received 

2 from a grant under this Act that addresses the 

3 needs discussed in paragraph (1) and that is con4 sistent with the authorized uses established in sec5 tion 4. 

6 (3) A plan for local governmental actions to be 

7 taken to establish and sustain local building code en8 forcement administration functions, without con9 tinuing Federal support, at a level at least equiva10 lent to that proposed in the grant application. 

11 (4) A plan to create and maintain a program of 

12 public outreach that includes a regularly updated 

13 and readily accessible means of public communica14 tion, interaction, and reporting regarding the serv15 ices and work of the building code enforcement de16 partment to be supported by the grant. 

17 (5) A plan for ensuring the timely and effective 

18 administrative enforcement of building safety and 

19 fire prevention violations. 

20 SEC. 4. USE OF FUNDS; MATCHING FUNDS. 

21 (a) AUTHORIZED USES.—Amounts from grants 

22 awarded under section 2 may be used by the grant recipi23 ent to supplement existing State or local funding for ad24 ministration of building code enforcement. Such amounts 

25 may be used to increase staffing, provide staff training, 


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1 increase staff competence and professional qualifications, 

2 or support individual certification or departmental accredi3 tation, or for capital expenditures specifically dedicated to 

4 the administration of the building code enforcement de5 partment. 

6 (b) ADDITIONAL REQUIREMENT.—Each building 

7 code enforcement department receiving a grant under sec8 tion 2 shall empanel a code administration and enforce9 ment team consisting of at least 1 full-time building code 

10 enforcement officer, a city planner, and a health planner 

11 or similar officer. 

12 (c) MATCHING FUNDS REQUIRED.— 

13 (1) IN GENERAL.—To be eligible to receive a 

14 grant under this Act, a building code enforcement 

15 department shall provide matching, non-Federal 

16 funds in the following amount: 

17 (A) In the case of a building code enforce18 ment department serving an area with a popu19 lation of more than 50,000, an amount equal to 

20 not less than 50 percent of the total amount of 

21 any grant to be awarded under this Act. 

22 (B) In the case of a building code enforce23 ment department serving an area with a popu24 lation of between 20,001 and 50,000, an 

25 amount equal to not less than 25 percent of the 


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1 total amount of any grant to be awarded under 

2 this Act. 

3 (C) In the case of a building code enforce4 ment department serving an area with a popu5 lation of less than 20,000, an amount equal to 

6 not less than 12.5 percent of the total amount 

7 of any grant to be awarded under this Act. 

8 (2) ECONOMIC DISTRESS.— 

9 (A) IN GENERAL.—The Secretary may 

10 waive the matching fund requirements under 

11 paragraph (1), and institute, by regulation, new 

12 matching fund requirements based upon the 

13 level of economic distress of the jurisdiction in 

14 which the local building code enforcement de15 partment seeking such grant is located. 

16 (B) CONTENT OF REGULATIONS.—Any 

17 regulations instituted under subparagraph (A) 

18 shall include— 

19 (i) a method that allows for a com20 parison of the degree of economic distress 

21 among the local jurisdictions of grant ap22 plicants, as measured by the differences in 

23 the extent of growth lag, the extent of pov24 erty, and the adjusted age of housing in 

25 such jurisdiction; and 


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1 (ii) any other factor determined to be 

2 relevant by the Secretary in assessing the 

3 comparative degree of economic distress 

4 among such jurisdictions. 

5 (d) IN-KIND CONTRIBUTIONS.—In determining the 

6 non-Federal share required to be provided under sub7 section (c), the Secretary shall consider in-kind contribu8 tions, not to exceed 50 percent of the amount that the 

9 department contributes in non-Federal funds. 

10 (e) WAIVER OF MATCHING REQUIREMENT.—The 

11 Secretary shall waive the matching fund requirements 

12 under subsection (c) for any recipient jurisdiction that has 

13 dedicated all building code permitting fees to the conduct 

14 of local building code enforcement. 

15 SEC. 5. RATING AND RANKING OF APPLICATIONS. 

16 Eligible applications will be rated and ranked accord17 ing to the criteria under section 6. All complete applica18 tions shall be compared to one another and points shall 

19 be assigned on a continuum within each criteria with the 

20 maximum points awarded to the application that best 

21 meets the criteria. 

22 SEC. 6. CRITERIA. 

23 The criteria under this section are as follows: 

24 (1) NEED AND COMMUNITY BENEFIT FROM

25 CODE ENFORCEMENT GRANT FUNDS.—The degree to 


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1 which the application demonstrates the intent and 

2 means to ensure cooperative and effective working 

3 relationships between local building code enforce4 ment officials and other local agencies, as well as a 

5 community-oriented approach to building code en6 forcement, with points awarded as follows: 

Description Maximum Points 

A detailed description of the capital expenditures to 

be acquired with grant funds and a demonstration that the items’ costs are reasonable. 

0–10 

The jurisdiction’s need for the capital expenditure 

and how the grant funds will fulfill this need. 

0–10 

The joint benefits provided by the proposed expenditure for the following groups or activities. Provide a brief explanation of the benefit. (1 point 

will be awarded for each response, 5 points maximum). 

1. Code enforcement program. 

2. Community or jurisdiction. 

3. Interdisciplinary code enforcement team. 

4. Housing preservation, rehabilitation programs, or 

neighborhood improvement programs. 

5. Special needs groups (disabled, elderly or low or 

very-low income, etc.). 

0–5 

Does the proposed capital expenditure provide a 

cost savings benefit to the jurisdiction? Provide a 

brief explanation of the cost savings. 

0–5. 

7 (2) CURRENT CODE ENFORCEMENT AND HOUS8 ING CONSERVATION PLAN.—Whether the local legis9 lative body in which the applicant resides has adopt10 ed a plan that addresses residential structure con11 servation and building code enforcement. Points 

12 shall be awarded, based on which of the descriptions 

13 from the following list best reflects such jurisdicVerDate Nov 24 2008 21:13 May 06, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2246.IH H2246

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1 tion’s plan for building code enforcement activities, 

2 as follows: 

Description Maximum Points 

The plan provides for proactive code enforcement 

(not just responding to complaints), an interdisciplinary approach, and includes funding options for repairs and rehabilitation. 

10 

The plan only provides for proactive code enforcement (not just responding to complaints) and 

calls for an interdisciplinary approach and does 

not address funding options for repairs and rehabilitation. 

8 

The plan provides for some type of proactive code 

enforcement (other than just responding to complaints) but doesn’t address coordinated interdisciplinary activities with other local public 

agencies or funding options. 

6 

The plan provides for only reactive code enforcement. 4 

The plan only refers to a need to preserve and/or 

improve existing housing stock, without any code 

enforcement program. 

2 

No existing plan. 0. 

3 (3) COMMUNITY-ORIENTED OR INTERDISCIPLI4 NARY CODE ENFORCEMENT.—The degree to which 

5 the application demonstrates the intent and means 

6 to ensure cooperative and effective working relation7 ships between building code enforcement officials 

8 and other local agencies, as well as a community-ori9 ented approach to code enforcement, with points 

10 awarded as follows: 


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Description Maximum Points 

Identify current or proposed interdisciplinary code 

enforcement programs or activities and the team 

members (example: code enforcement, police, 

local prosecutors, health department, building 

and planning, fire, etc.). Provide a description of 

the team’s code enforcement and coordination 

procedures, activities and services provided. If the 

current programs or resources are limited in 

scope, explain how receipt of the grant will be 

used to improve the program. 

0–10 

Identify current or proposed community-oriented 

code enforcement programs, activities, or services. (Examples: community clean-ups, Neighborhood Watch programs, community meetings, 

door-to-door code enforcement knock and talks, 

etc.). If the current programs or resources are 

limited in scope, explain how receipt of the grant 

will be used to improve the program. 

0–10. 

1 (4) PROACTIVE CODE ENFORCEMENT ACTIVI2 TIES.—The effectiveness of the proposed or existing 

3 proactive activities and programs operated by any 

4 existing building code enforcement program, which 

5 shall include points awarded as follows for any such 

6 activities or programs: 

Description Maximum Points 

Encourages repairs and preservation, rather than 

demolition or abandonment, of substandard residences. 

0–5 

Abatement of (a) lead hazards and lead-based 

paints, (b) toxic molds and dampness, and (c) 

displacement or relocation of residents. 

0–5 

Community clean-up campaigns. This may include 

recycling dates, free or reduced disposal rates at 

dumpsite, public clean-up days that encourage removal of unwanted or excess debris by making 

available extra trash pick-ups, dumpsites or 

trash/recycling containers on specific dates to dispose of household debris, inoperable vehicles, 

tires, toxic materials, etc. 

0–5 


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Description Maximum Points 

Resource or referral programs for Federal, State, 

local, and private funds and other resources 

available in your jurisdiction that can assist with 

housing rehabilitation and repairs to rectify code 

violations. 

0–5 

Public education programs on housing issues. These 

could include community housing meetings dealing with homeownership, tenant/landlord issues, 

housing code enforcement, school age children’s 

programs with coloring books or handouts, housing safety pamphlets, etc. 

0–5 

Programs that encourage community involvement 

with groups; such as schools, church nonprofits, 

community service groups, utility companies, 

local stores, housing agency banks, etc. 

0–5. 

1 (5) CAPACITY TO FINANCIALLY AND TECH2 NICALLY SUPPORT PROPOSED CAPITAL EXPENDI3 TURES.—The degree to which the application dem4 onstrates the jurisdiction’s financial and technical 

5 capacity to properly use and successfully support the 

6 proposed capital expenditure during the term of the 

7 grant, with points awarded as follows: 

Description Maximum Points 

The anticipated ongoing program funding for the 

duration of the grant program is adequate to financially support the use of the grant-financed 

equipment. Include details of funding and technical support sources for the capital expenditure 

(examples: insurance, paper, maintenance, training, supplies, personnel, monthly billing costs, 

etc.). 

0–5 

The jurisdiction has the technical capabilities to use 

and support equipment (examples: adequately 

trained staff or resources to provide training to 

operate technical equipment, local service provider for cell phones or 2-way radios, trained personnel to operate equipment, etc.). 

0–5. 


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1 SEC. 7. EVALUATION AND REPORT. 

2 (a) IN GENERAL.—Grant recipients shall— 

3 (1) be obligated to fully account and report for 

4 the use of all grants funds; and 

5 (2) provide a report to the Secretary on the ef6 fectiveness of the program undertaken by the grant7 ee and any other criteria requested by the Secretary 

8 for the purpose of indicating the effectiveness of, 

9 and ideas for, refinement of the grant program. 

10 (b) REPORT.—The report required under subsection 

11 (a)(2) shall include a discussion of— 

12 (1) the specific capabilities and functions in 

13 local building code enforcement administration that 

14 were addressed using funds received under this Act; 

15 (2) the lessons learned in carrying out the plans 

16 supported by the grant; and 

17 (3) the manner in which the programs sup18 ported by the grant are to be maintained by the 

19 grantee. 

20 (c) CONTENT OF REPORTS.—The Secretary shall— 

21 (1) require each recipient of a grant under this 

22 Act to file interim and final reports under subsection 

23 (b) to ensure that grant funds are being used as in24 tended and to measure the effectiveness and benefits 

25 of the grant program; and 


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1 (2) develop and maintain a means whereby the 

2 public can access such reports, at no cost, via the 

3 Internet. 

4 SEC. 8. DEFINITIONS. 

5 For purposes of this Act, the following definitions 

6 shall apply: 

7 (1) BUILDING CODE ENFORCEMENT.—The term 

8 ‘‘building code enforcement’’ means the enforcement 

9 of any code, adopted by a State or local government, 

10 that regulates the construction of buildings and fa11 cilities to mitigate hazards to life or property. Such 

12 term includes building codes, electrical codes, energy 

13 codes, fire codes, fuel gas codes, mechanical codes, 

14 and plumbing codes. 

15 (2) BUILDING CODE ENFORCEMENT DEPART16 MENT.—The term ‘‘building code enforcement de17 partment’’ means an inspection or enforcement 

18 agency of a jurisdiction that is responsible for con19 ducting building code enforcement. 

20 (3) JURISDICTION.—The term ‘‘jurisdiction’’ 

21 means a city, county, parish, city and county author22 ity, or city and parish authority having local author23 ity to enforce building codes and regulations and to 

24 collect fees for building permits. 


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1 (4) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Housing and Urban Development. 

3 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) IN GENERAL.—There are authorized to be appro5 priated $20,000,000 for each of fiscal years 2010 through 

6 2014 to the Secretary of Housing and Urban Development 

7 to carry out the provisions of this Act. 

8 (b) RESERVATION.—From the amount made avail9 able under subsection (a), the Secretary may reserve not 

10 more than 5 percent for administrative costs. 

11 (c) AVAILABILITY.—Any funds appropriated pursu12 ant to subsection (a) shall remain available until expended. 

Æ 


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