[Ord. 30-2004, passed 6-2-2004; Ord. 27-2019, passed 4-17-2019]
Where construction is started or when a premises is occupied
without first obtaining the permits required by this code, the fees
specified in the Permit Fee Schedule shall be doubled and be no less
than a minimum of $100; however, payment of such double fee shall
not relieve any person and/or company from fully complying with all
the provisions of the Uniform Construction Code in the execution of
the work nor from any other penalties prescribed in the Uniform Construction
Code.
[Ord. 30-2004, passed 6-2-2004]
(a)
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.
(b)
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.
(c)
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.
[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)
A construction code official or Fire Inspector shall discuss
the inspection results with the permit holder at the completion of
the inspection.
(b)
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).
(c)
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)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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:
(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)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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)
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.
(b)
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.
(c)
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.
(d)
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).
(e)
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:
(2)
The Department of General Services of the Commonwealth.
(3)
Law enforcement or emergency response entities.
(4)
Federal, state or local health entities.
[Ord. 30-2004, passed 6-2-2004]
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
This section shall be used in conjunction with the Fire and
Panic Act.
[Ord. 27-2019, passed 4-17-2019]
Fee for requested inspection: Any individual, person or agency
requesting the Bureau of Code Enforcement to inspect any residence
or structure for the purpose of securing a certificate of code compliance
shall be liable for a fee in accordance with the following fee schedule:
Number of Units
|
Inspection Fee
|
---|
1
|
$100
|
2 through 9
|
$150
|
10 through 24
|
$300
|
25 through 49
|
$500
|
50 through 149
|
$750
|
150 or more
|
$1,000
|