IIB 
110TH CONGRESS 
2D SESSION 
H. R. 4461 
IN THE SENATE OF THE UNITED STATES 
JULY 10 (legislative day, JULY 9), 2008 
Received; read twice and referred to the Committee on Banking, Housing, and 
Urban Affairs 
AN ACT 
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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Community Building 
Code Administration Grant Act of 2008’’. 
SEC. 2. GRANT PROGRAM AUTHORIZED. 
(a) GRANT
AUTHORIZATION.—The Secretary of 
Housing and Urban Development shall provide grants to 
local building code enforcement departments. 
(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 local jurisdiction of hav-
ing an adequately funded building code enforcement 
department. 
(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. 
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SEC. 3. REQUIRED ELEMENTS IN GRANT PROPOSALS. 
In order to be eligible for a grant under section 2, 
a local building code enforcement department shall submit 
to the Secretary the following: 
(1) A demonstration of the jurisdiction’s needs 
in executing building code enforcement administra-
tion. 
(2) A plan for the use of any funds received 
under this Act that addresses the needs discussed in 
paragraph (1) and that is consistent with the au-
thorized uses established in section 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 local building code enforcement 
department to be supported by the grant. 
(5) A plan for ensuring the timely and effective 
administrative enforcement of building safety and 
fire prevention violations. 
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SEC. 4. USE OF FUNDS; MATCHING FUNDS. 
(a) AUTHORIZED USES.—Grants awarded under sec-
tion 2 may be used by the grant recipient to supplement 
existing State or local funding for building code enforce-
ment administration. Such funds may be used to increase 
staffing, provide staff training, increase staff competence 
and professional qualifications, support individual certifi-
cation or departmental accreditation, or for capital ex-
penditures specifically dedicated to the administration of 
the local building code enforcement department. 
(b) ADDITIONAL REQUIREMENT.—Each local build-
ing code enforcement department receiving a grant under 
section 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 local building code enforce-
ment department serving an area with a population 
of— 
(A) over 50,000 shall provide matching, 
non-Federal funds in an amount equal to not 
less than 50 percent of the total amount of any 
grant to be awarded under this Act; 
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(B) between 20,001 and 50,000 shall pro-
vide matching, non-Federal funds in an amount 
equal to not less than 25 percent of the total 
amount of any grant to be awarded under this 
Act; or 
(C) under 20,000 shall provide matching, 
non-Federal funds in 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 local jurisdic-
tion in which the local building code enforce-
ment department 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 jurisdiction’s of grant ap-
plicants, as measured by the differences in 
the extent of growth lag, the extent of pov-
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erty, and the adjusted age of housing in 
such jurisdiction; and 
(ii) any other factor determined to be 
relevant by the Secretary in assessing the 
comparative degree of economic distress 
among such local 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 
legislatively 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 described in section 6. All complete ap-
plications will be compared to one another and points as-
signed on a continuum within each criteria with the max-
imum points awarded to the application that best meets 
the criteria. 
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SEC. 6. CRITERIA. 
(a) NEED AND COMMUNITY BENEFIT FROM CODE 
ENFORCEMENT GRANT FUNDS.—The degree to which the 
application demonstrates the intent and means to ensure 
cooperative and effective working relationships between 
local building code enforcement officials and other local 
agencies, as well as a community-oriented approach to 
building code enforcement. 
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 
(b) CURRENT CODE ENFORCEMENT AND HOUSING 
CONSERVATION PLAN.—Has the local legislative body in 
which the applicant resides adopted a ‘‘plan’’ which ad-
dresses residential structure conservation and building 
code enforcement? From the following list, select 1 de-
scription that best reflects such jurisdiction’s ‘‘plan’’ for 
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building code enforcement activities. Points will be award-
ed 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. 
(c) COMMUNITY-ORIENTED OR INTERDISCIPLINARY 
CODE ENFORCEMENT.—The degree to which the applica-
tion demonstrates the intent and means to ensure coopera-
tive and effective working relationships between building 
code enforcement officials and other local agencies, as well 
as a community-oriented approach to code enforcement. 
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 
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Description 
Maximum Points 
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 
(d) PROACTIVE CODE ENFORCEMENT ACTIVITIES.— 
The effectiveness of the proposed or existing proactive ac-
tivities and programs operated by any existing building 
code enforcement program. Describe such activities or pro-
grams, include any of the following: 
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 
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 non-profits, 
community service groups, utility companies, 
local stores, housing agency banks, etc. 
0–5. 
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(e) CAPACITY TO FINANCIALLY AND TECHNICALLY 
SUPPORT PROPOSED CAPITAL EXPENDITURES.—The de-
gree to which the application demonstrates the jurisdic-
tion’s financial and technical capacity to properly use and 
successfully support the proposed capital expenditure dur-
ing the term of the grant. 
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 
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— 
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(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 ths 
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 
(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
DEPART-
MENT.—The term ‘‘building code enforcement de-
partment’’ means the building code inspection or en-
forcement agency of a local jurisdiction. 
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(2) 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 col-
lect fees for building permits. 
(3) 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 2009 through 
2013 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. 
Passed the House of Representatives July 9, 2008. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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