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) intro-
duced the following bill; which was referred to the Committee on Finan-
cial Services 
A BILL 
To promote and enhance the operation of local building code 
enforcement administration across the country by estab-
lishing a competitive Federal matching grant program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Community Building 
Code Administration Grant Act of 2009’’. 
SEC. 2. GRANT PROGRAM AUTHORIZED. 
(a) GRANT
AUTHORIZATION.—The Secretary of 
Housing and Urban Development shall to the extent 
amounts are made available for grants under this Act pro-
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vide grants to local building code enforcement depart-
ments. 
(b) COMPETITIVE AWARDS.—The Secretary shall 
award grants under subsection (a) on a competitive basis 
pursuant to the criteria set forth in section 6, but also 
taking into consideration the following: 
(1) The financial need of each building code en-
forcement department. 
(2) The benefit to the jurisdiction of having an 
adequately funded building code enforcement depart-
ment. 
(3) The demonstrated ability of each building 
code enforcement department to work cooperatively 
with other local code enforcement offices, health de-
partments, and local prosecutorial agencies. 
(c) MAXIMUM AMOUNT.—The maximum amount of 
any grant awarded under this section shall not exceed 
$1,000,000. 
SEC. 3. REQUIRED ELEMENTS IN GRANT PROPOSALS. 
In order to be eligible for a grant under section 2, 
a building code enforcement department of a jurisdiction 
shall submit to the Secretary the following: 
(1) A demonstration of the jurisdiction’s needs 
in executing building code enforcement administra-
tion. 
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(2) A plan for the use of any funds received 
from a grant under this Act that addresses the 
needs discussed in paragraph (1) and that is con-
sistent with the authorized uses established in sec-
tion 4. 
(3) A plan for local governmental actions to be 
taken to establish and sustain local building code en-
forcement administration functions, without con-
tinuing Federal support, at a level at least equiva-
lent to that proposed in the grant application. 
(4) A plan to create and maintain a program of 
public outreach that includes a regularly updated 
and readily accessible means of public communica-
tion, interaction, and reporting regarding the serv-
ices and work of the building code enforcement de-
partment to be supported by the grant. 
(5) A plan for ensuring the timely and effective 
administrative enforcement of building safety and 
fire prevention violations. 
SEC. 4. USE OF FUNDS; MATCHING FUNDS. 
(a) AUTHORIZED
USES.—Amounts from grants 
awarded under section 2 may be used by the grant recipi-
ent to supplement existing State or local funding for ad-
ministration of building code enforcement. Such amounts 
may be used to increase staffing, provide staff training, 
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increase staff competence and professional qualifications, 
or support individual certification or departmental accredi-
tation, or for capital expenditures specifically dedicated to 
the administration of the building code enforcement de-
partment. 
(b) ADDITIONAL
REQUIREMENT.—Each building 
code enforcement department receiving a grant under sec-
tion 2 shall empanel a code administration and enforce-
ment team consisting of at least 1 full-time building code 
enforcement officer, a city planner, and a health planner 
or similar officer. 
(c) MATCHING FUNDS REQUIRED.— 
(1) IN GENERAL.—To be eligible to receive a 
grant under this Act, a building code enforcement 
department shall provide matching, non-Federal 
funds in the following amount: 
(A) In the case of a building code enforce-
ment department serving an area with a popu-
lation of more than 50,000, an amount equal to 
not less than 50 percent of the total amount of 
any grant to be awarded under this Act. 
(B) In the case of a building code enforce-
ment department serving an area with a popu-
lation of between 20,001 and 50,000, an 
amount equal to not less than 25 percent of the 
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total amount of any grant to be awarded under 
this Act. 
(C) In the case of a building code enforce-
ment department serving an area with a popu-
lation of less than 20,000, an amount equal to 
not less than 12.5 percent of the total amount 
of any grant to be awarded under this Act. 
(2) ECONOMIC DISTRESS.— 
(A) IN
GENERAL.—The Secretary may 
waive the matching fund requirements under 
paragraph (1), and institute, by regulation, new 
matching fund requirements based upon the 
level of economic distress of the jurisdiction in 
which the local building code enforcement de-
partment seeking such grant is located. 
(B) CONTENT
OF
REGULATIONS.—Any 
regulations instituted under subparagraph (A) 
shall include— 
(i) a method that allows for a com-
parison of the degree of economic distress 
among the local jurisdictions of grant ap-
plicants, as measured by the differences in 
the extent of growth lag, the extent of pov-
erty, and the adjusted age of housing in 
such jurisdiction; and 
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(ii) any other factor determined to be 
relevant by the Secretary in assessing the 
comparative degree of economic distress 
among such jurisdictions. 
(d) IN-KIND CONTRIBUTIONS.—In determining the 
non-Federal share required to be provided under sub-
section (c), the Secretary shall consider in-kind contribu-
tions, not to exceed 50 percent of the amount that the 
department contributes in non-Federal funds. 
(e) WAIVER
OF MATCHING REQUIREMENT.—The 
Secretary shall waive the matching fund requirements 
under subsection (c) for any recipient jurisdiction that has 
dedicated all building code permitting fees to the conduct 
of local building code enforcement. 
SEC. 5. RATING AND RANKING OF APPLICATIONS. 
Eligible applications will be rated and ranked accord-
ing to the criteria under section 6. All complete applica-
tions shall be compared to one another and points shall 
be assigned on a continuum within each criteria with the 
maximum points awarded to the application that best 
meets the criteria. 
SEC. 6. CRITERIA. 
The criteria under this section are as follows: 
(1) NEED
AND
COMMUNITY
BENEFIT
FROM 
CODE ENFORCEMENT GRANT FUNDS.—The degree to 
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which the application demonstrates the intent and 
means to ensure cooperative and effective working 
relationships between local building code enforce-
ment officials and other local agencies, as well as a 
community-oriented approach to building code en-
forcement, with points awarded as follows: 
Description 
Maximum Points 
A detailed description of the capital expenditures to 
be acquired with grant funds and a demonstra-
tion 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 expend-
iture for the following groups or activities. Pro-
vide a brief explanation of the benefit. (1 point 
will be awarded for each response, 5 points max-
imum). 
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. 
(2) CURRENT CODE ENFORCEMENT AND HOUS-
ING CONSERVATION PLAN.—Whether the local legis-
lative body in which the applicant resides has adopt-
ed a plan that addresses residential structure con-
servation and building code enforcement. Points 
shall be awarded, based on which of the descriptions 
from the following list best reflects such jurisdic-
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tion’s plan for building code enforcement activities, 
as follows: 
Description 
Maximum Points 
The plan provides for proactive code enforcement 
(not just responding to complaints), an inter-
disciplinary approach, and includes funding op-
tions for repairs and rehabilitation. 
The plan only provides for proactive code enforce-
ment (not just responding to complaints) and 
calls for an interdisciplinary approach and does 
not address funding options for repairs and reha-
bilitation. 
The plan provides for some type of proactive code 
enforcement (other than just responding to com-
plaints) but doesn’t address coordinated inter-
disciplinary activities with other local public 
agencies or funding options. 
The plan provides for only reactive code enforce-
ment. 
The plan only refers to a need to preserve and/or 
improve existing housing stock, without any code 
enforcement program. 
No existing plan. 
0. 
(3) COMMUNITY-ORIENTED OR INTERDISCIPLI-
NARY CODE ENFORCEMENT.—The degree to which 
the application demonstrates the intent and means 
to ensure cooperative and effective working relation-
ships between building code enforcement officials 
and other local agencies, as well as a community-ori-
ented approach to code enforcement, with points 
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 serv-
ices. (Examples: community clean-ups, Neighbor-
hood 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. 
(4) PROACTIVE
CODE
ENFORCEMENT
ACTIVI-
TIES.—The effectiveness of the proposed or existing 
proactive activities and programs operated by any 
existing building code enforcement program, which 
shall include points awarded as follows for any such 
activities or programs: 
Description 
Maximum Points 
Encourages repairs and preservation, rather than 
demolition or abandonment, of substandard resi-
dences. 
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 re-
moval of unwanted or excess debris by making 
available extra trash pick-ups, dumpsites or 
trash/recycling containers on specific dates to dis-
pose 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 deal-
ing with homeownership, tenant/landlord issues, 
housing code enforcement, school age children’s 
programs with coloring books or handouts, hous-
ing 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. 
(5) CAPACITY
TO
FINANCIALLY
AND
TECH-
NICALLY
SUPPORT
PROPOSED
CAPITAL
EXPENDI-
TURES.—The degree to which the application dem-
onstrates the jurisdiction’s financial and technical 
capacity to properly use and successfully support the 
proposed capital expenditure during the term of the 
grant, with points awarded as follows: 
Description 
Maximum Points 
The anticipated ongoing program funding for the 
duration of the grant program is adequate to fi-
nancially support the use of the grant-financed 
equipment. Include details of funding and tech-
nical support sources for the capital expenditure 
(examples: insurance, paper, maintenance, train-
ing, 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 pro-
vider for cell phones or 2-way radios, trained per-
sonnel to operate equipment, etc.). 
0–5. 
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SEC. 7. EVALUATION AND REPORT. 
(a) IN GENERAL.—Grant recipients shall— 
(1) be obligated to fully account and report for 
the use of all grants funds; and 
(2) provide a report to the Secretary on the ef-
fectiveness of the program undertaken by the grant-
ee and any other criteria requested by the Secretary 
for the purpose of indicating the effectiveness of, 
and ideas for, refinement of the grant program. 
(b) REPORT.—The report required under subsection 
(a)(2) shall include a discussion of— 
(1) the specific capabilities and functions in 
local building code enforcement administration that 
were addressed using funds received under this Act; 
(2) the lessons learned in carrying out the plans 
supported by the grant; and 
(3) the manner in which the programs sup-
ported by the grant are to be maintained by the 
grantee. 
(c) CONTENT OF REPORTS.—The Secretary shall— 
(1) require each recipient of a grant under this 
Act to file interim and final reports under subsection 
(b) to ensure that grant funds are being used as in-
tended and to measure the effectiveness and benefits 
of the grant program; and 
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(2) develop and maintain a means whereby the 
public can access such reports, at no cost, via the 
Internet. 
SEC. 8. DEFINITIONS. 
For purposes of this Act, the following definitions 
shall apply: 
(1) BUILDING CODE ENFORCEMENT.—The term 
‘‘building code enforcement’’ means the enforcement 
of any code, adopted by a State or local government, 
that regulates the construction of buildings and fa-
cilities to mitigate hazards to life or property. Such 
term includes building codes, electrical codes, energy 
codes, fire codes, fuel gas codes, mechanical codes, 
and plumbing codes. 
(2) BUILDING
CODE
ENFORCEMENT
DEPART-
MENT.—The term ‘‘building code enforcement de-
partment’’ means an inspection or enforcement 
agency of a jurisdiction that is responsible for con-
ducting building code enforcement. 
(3) JURISDICTION.—The term ‘‘jurisdiction’’ 
means a city, county, parish, city and county author-
ity, or city and parish authority having local author-
ity to enforce building codes and regulations and to 
collect fees for building permits. 
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(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Housing and Urban Development. 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated $20,000,000 for each of fiscal years 2010 through 
2014 to the Secretary of Housing and Urban Development 
to carry out the provisions of this Act. 
(b) RESERVATION.—From the amount made avail-
able under subsection (a), the Secretary may reserve not 
more than 5 percent for administrative costs. 
(c) AVAILABILITY.—Any funds appropriated pursu-
ant to subsection (a) shall remain available until expended. 
Æ 
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