ARTICLE 1503.5 Enforcement for Noncompliance

A Building Code Official or Fire Inspector may issue a written stop work order when the official determines that construction violates the Uniform Construction Code or is being performed in a dangerous or unsafe manner. The stop work order is to contain the reasons for the order and list the required conditions for construction to resume.

The Building Code Official or Fire Inspector shall serve the stop work order on the permit owner or the owner's agent by certified mail or personal service.

A person who continues construction after service of a stop work order, except for construction work that is necessary to remove a violation or an unsafe condition, may be subject to the penalties under Section 903 of the Act (35 P.S. § 7210.903). A Building Code Official may seek enforcement of a stop work order in a court of competent jurisdiction.

§ 1503.53 Notice of violations.

[Ord. 30-2004, passed 6-2-2004]

A Building Code Official or Fire Inspector shall follow the following procedures if an inspection reveals a violation of the Uniform Construction Code:

A construction code official or Fire Inspector shall discuss the inspection results with the permit holder at the completion of the inspection.

The Building Code Official or Fire Inspector may issue a written notice of violations to the permit holder. The notice is to contain a description of the violations and an order requiring correction of the violations within a reasonable period determined by the Building Code Official. When a violation relates to an unsafe building structure or equipment, a Building Code Official shall act in accordance with Section 1503.55 (relating to unsafe building, structure or equipment).

§ 1503.54 Order to show cause/order to vacate.

After the compliance date contained in the order, the Building Code Official or Fire Inspector shall inspect the building, structure or equipment to determine whether the violation was corrected. The Building Code Official shall close the order if the violation was corrected. The Building Code Official may issue an order to show cause under Section 1503.54 (relating to order to show cause/order to vacate) to the owner for a violation that was not corrected.

[Ord. 30-2004, passed 6-2-2004]

A Building Code Official or Fire Inspector may initiate action to vacate or close a building, structure or equipment for violations of the Uniform Construction Code by issuing an order to show cause to the owner or owner's agent of a building or structure.

The order to show cause shall contain a statement of the grounds for the action, the alleged violations of the Uniform Construction Code and notification that the building, structure or equipment may be closed or vacated. The order to show cause shall contain notification that the owner or owner's agent shall submit a written answer within 30 days. The Building Code Official shall serve the order to show cause upon the owner or owner's agent by certified mail or personal service.

The owner or owner's agent may file a written answer to the order to show cause with the Building Code Official within 30 days following service of the order to show cause. The answer shall contain specific admissions or denials of the allegations contained in the order to show cause and set forth the specific facts, matters of law or Uniform Construction Code interpretation relied upon by the owner. The answer may contain a request for a variance or an extension of time for compliance. The Building Code Official shall forward all requests for variances, extensions of time or appeals regarding interpretations of the Uniform Construction Code to the Board of Appeals within five business days. The Building Code Official shall send a request for variance, extension of time or appeals regarding interpretation of the Uniform Construction Code's accessibility requirements to the Department within five business days.

If the owner or owner's agent files an appeal, the Board of Appeals or Department will assume jurisdiction and consolidate the answer with any pending request for variance, extension of time or appeal filed by the owner with the Board of Appeals.

§ 1503.55 Unsafe building, structure or equipment.

The Building Code Official shall consider the pending request for variance or extension of time or appeal as a stay to an enforcement action.

(f)

After receipt of the answer, the Building Code Official or Fire Inspector may take the following actions if the owner or owner's agent did not previously file an appeal or request for variance or extension of time:

(1)

Issue a stop work order.

(2)

Vacate or close the building or structure or place equipment out of operation.

(3)

Abate or modify the alleged violation.

(4)

Order other action to protect persons or property.

(g)

A construction code official or Fire Inspector shall inspect the construction at the expiration of an extension of time or other time period granted for compliance under this section. If the building, structure or equipment violates the Uniform Construction Code following inspection, the Building Code Official may issue an order vacating or closing the building or structure or placing equipment out of operation. The Building Code Official shall serve this order upon the owner or owner's agent by certified mail or personal service.

(h)

Where an unsafe condition exists, a Building Code Official shall act in accordance with Section 1503.55 (relating to unsafe building, structure or equipment).

[Ord. 30-2004, passed 6-2-2004]

A Building Code Official or Fire Inspector may determine that a building, structure or equipment is unsafe because of inadequate means of egress, inadequate light and ventilation, fire hazard, other dangers to human life or the public welfare, illegal or improper occupancy or inadequate maintenance. A vacant building or structure that is not secured against entry is unsafe under this section.

When a Building Code Official or Fire Inspector determines the existence of an unsafe condition, the Building Code Official or Fire Inspector shall order the vacating of the building or structure.

A Building Code Official or Fire Inspector shall serve a written notice on the owner or owner's agent of the building, structure or equipment that is unsafe under this section. The notice shall contain the order to vacate the building, structure or seal the equipment out of service and state the unsafe conditions, required repairs or improvements. The order shall be served by certified mail or personal service to the owner or to the owner's agent's last known address or on the owner, agent or person in control of the building, structure or equipment. A Building Code Official shall post the written notice at the entrance of the structure or on the equipment if service cannot be accomplished by certified mail or personal service.

When a building or structure is ordered vacated under this section, the Building Code Official shall post a notice at each entrance stating that the structure is unsafe and its occupancy is prohibited.

§ 1503.56 Release, retention and sharing of commercial construction records.

A Building Code Official or Fire Inspector may not rescind the order to vacate until the owner abates or corrects the unsafe condition.

(f)

The Department may seal an elevator for an unsafe condition under Section 105(c)(1) of the Act (35 P.S. § 7210.105(c)(1)). The Department is the only entity that may remove or authorize the removal of a seal if an owner abates or corrects the unsafe condition.

[Ord. 30-2004, passed 6-2-2004]

A Building Code Official shall keep records of all applications received, permits issued, reviewed building plans and specifications, certificates issued, fees collected, reports of inspections, notices and orders issued for all commercial buildings and structures under the Uniform Construction Code. A Building Code Official shall retain these records as long as the related building, structure or equipment remains in existence.

A Building Code Official shall reproduce records kept in an electronic format to a hard-copy format upon request. A Building Code Official may charge for the reproduction costs.

A municipality that discontinues enforcing the Uniform Construction Code shall keep records of previous Uniform Construction Code enforcement. A municipality shall make these records available to the Department.

The Department will make its records available to a municipality that elects to enforce the Uniform Construction Code under Section 501 of the Act (35 P.S. § 7210.501).

The Department, the City of Erie and a third-party agency acting on behalf of the City of Erie may prohibit release of applications received, building plans and specifications, inspection reports and similar documents to the public under the Right To Know Law (65 P.S. §§ 66.1-66.9). The Department, the City of Erie or the third-party agency may release these documents to the building owner of record, the permit holder, the design professional of record or a third party authorized by the building owner in writing to receive the documents upon presentation of valid identification.

(f)

The Department, the City of Erie and a third-party agency acting on behalf of the City of Erie may release any document obtained under this article to the following:

(1)

The Department.

(2)

The Department of General Services of the Commonwealth.

(3)

Law enforcement or emergency response entities.

(4)

Federal, state or local health entities.

§ 1503.57 Right of entry to inspect.

[Ord. 30-2004, passed 6-2-2004]

A construction code official and Fire Inspector may enter a building, structure or premises during normal business hours or at a time agreed to by the owner or owner's agent to perform inspections under the Uniform Construction Code, to enforce Uniform Construction Code provisions or if there is reasonable cause to believe a condition on the building, structure or premises violates the Uniform Construction Code or which constitutes an unsafe condition.

A construction code official and Fire Inspector may enter a building, structure or premises when the official presents credentials to the occupant and receives permission to enter.

A construction code official may not enter a building, structure or premises that is unoccupied or after normal business hours without obtaining permission to enter from the owner or the owner's agent. However, a Fire Inspector may enter a building, structure or premises anytime he/she deems it necessary to insure public safety.

A construction code official and Fire Inspector may seek the assistance of a law enforcement agency to gain entry to enforce the Uniform Construction Code where the construction code official has reasonable cause to believe that the building, structure or premises is unsafe.