1.This Act may be cited as
the Community Building Code
Administration Grant Act of 2007
.
2.
(a)The Secretary of Housing and Urban Development
shall provide grants to local building code enforcement departments.
(b)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 enforcement department.
(2)The benefit to
the local jurisdiction of having 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 departments, and local
prosecutorial agencies.
(c)The maximum amount of any grant awarded under this section
shall not exceed $1,000,000.
3.Required
elements in grant proposalsIn
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
administration.
(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 authorized uses established in
section 4.
(3)A plan for local
governmental actions to be taken to establish and sustain local building code
enforcement administration functions, without continuing Federal support, at a
level at least equivalent 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 communication, interaction, and reporting
regarding the services 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.
4.Use of funds;
matching funds
(a)Grants awarded under section 2 may be used by the grant
recipient to supplement existing State or local funding for building code
enforcement administration. Such funds may be used to increase staffing,
provide staff training, increase staff competence and professional
qualifications, support individual certification or departmental accreditation,
or for capital expenditures specifically dedicated to the administration of the
local building code enforcement department.
(b)
(1)To be eligible to receive a grant under this Act, a local
building code enforcement department serving—
(A)a community that
is very economically disadvantaged, shall provide matching, non-Federal funds
in an amount equal to not less than 5 percent of the total amount of any grant
to be awarded under this Act;
(B)a community that
is moderately economically disadvantaged, shall provide matching, non-Federal
funds in an amount equal to not less than 10 percent of the total amount of any
grant to be awarded under this Act; or
(C)any other
community, shall provide matching, non-Federal funds in an amount equal to not
less than 20 percent of the total amount of any grant to be awarded under this
Act.
(2)
(A)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
jurisdiction in which the local building code enforcement department seeking
such grant is located.
(B)Any regulations instituted under subparagraph (A)
shall include—
(i)a
method that allows for a comparison of the degree of economic distress among
the local jurisdictions of grant applicants, as measured by the differences in
the extent of growth lag, the extent of poverty, 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.
(c)In determining the non-Federal share required to be
provided under subsection (b), the Secretary shall consider in-kind
contributions, not to exceed 50 percent of the amount that the department
contributes in non-Federal funds.
(d)Waiver of
matching requirementThe Secretary shall waive the matching fund
requirements under subsection (b) for any recipient jurisdiction that has
legislatively dedicated all building code permitting fees to the conduct of
local building code enforcement.
5.Rating and
ranking of applicationsEligible applications shall be rated and
ranked according to the criteria described in section 6. All complete
applications will be compared to one another and points assigned on a continuum
within each criterion, with the maximum points awarded to the application that
best meets the criterion.
6.
(a)Need and
community benefit from code enforcement grant fundsApplications shall be rated and ranked on
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, with the award of points as
follows:
DescriptionMaximum
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
(b)Current code
enforcement and housing conservation planEach application shall
be rated and ranked on the degree to which the local legislative body in which
the applicant resides adopted a plan
which addresses residential
structure conservation and building code enforcement, with the award of points
as follows:
DescriptionMaximum
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
(c)Community-oriented
or interdisciplinary code enforcementEach application shall be
rated and ranked on the degree to which the application demonstrates the intent
and means to ensure cooperative and effective working relationships between
building code enforcement officials and other local agencies, as well as a
community-oriented approach to code enforcement, with the award of points as
follows:
DescriptionMaximum
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
(d)Proactive code
enforcement activitiesEach application shall be rated and ranked
on the effectiveness of the proposed or existing proactive activities and
programs operated by any existing building code enforcement program, with the
award of points as follows:
DescriptionMaximum
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, which 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 or
recycling containers on specific dates to dispose 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
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
non-profits, community service groups, utility companies, local stores, housing
agency banks, etc.0–5
(e)Capacity To
financially and technically support proposed capital
expendituresEach application shall be rated and ranked on the
degree to which the application demonstrates the jurisdiction’s financial and
technical capacity to properly use and successfully support the proposed
capital expenditure during the term of the grant, with the award of points as
follows:
DescriptionMaximum
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
7.
(a)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 effectiveness of the program undertaken by the grantee
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)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 supported by the grant are to be maintained by the
grantee.
(c)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 intended 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.
8.For purposes of this Act, the following
definitions shall apply:
(1)Building code
enforcement departmentThe term building code enforcement
department means the building code inspection or enforcement agency of a
local jurisdiction.
(2)The
term jurisdiction means a city, county, parish, city and county
authority, or city and parish authority having local authority to enforce
building codes and regulations and collect fees for building permits.
(3)The
term Secretary means the Secretary of Housing and Urban
Development.
9.Authorization of
appropriations
(a)There are authorized to be appropriated $100,000,000 for
each of fiscal years 2008 through 2013 to the Secretary of Housing and Urban
Development to carry out the provisions of this Act.
(b)From
the amount made available under subsection (a), the Secretary may reserve not
more than 5 percent for administrative costs.
(c)Any
funds appropriated pursuant to subsection (a) shall remain available until
expended.