[32 Pa.B. 4127]
[Continued from previous Web Page]
PERMIT AND INSPECTION PROCESS FOR COMMERCIAL CONSTRUCTION § 403.41. Commercial construction.
This subchapter applies to the Department and municipalities electing to enforce the Uniform Construction Code under § 403.101 (relating to municipalities electing to enforce the Uniform Construction Code).
§ 403.42. Permit application.
(a) An owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a commercial building, structure and facility or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical, or plumbing system regulated by the Uniform Construction Code shall first apply to the building code official and obtain the required permit.
(b) The applicant shall submit an application to the municipality on a form provided by the Department of Community and Economic Development. The applicant shall complete additional information requested by the municipality on the addendum to the application.
(c) A permit is not required for the exceptions listed in § 403.1(b) (relating to scope) and the following construction as long as the work does not violate a law or ordinance:
(1) Building construction for the following:
(i) Fences that are not over 6 feet high.
(ii) Oil derricks.
(iii) Retaining walls, which are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless it is supporting a surcharge or impounding Class I, II or III-A liquids.
(iv) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to 1.
(v) Sidewalks and driveways not more than 30 inches above grade and that are not located over a basement or story below it and which are not part of an accessible route.
(vi) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finishing work.
(vii) Temporary motion picture, television, and theater sets stage sets and scenery.
(viii) Prefabricated swimming pools accessory to a Group R-3 occupancy which are less than 24 inches deep, do not exceed 5,000 gallons and are installed entirely aboveground.
(ix) Shade cloth structures constructed for nursery or agricultural purposes that do not include service systems.
(x) Swings and other playground equipment accessory to construction.
(xi) Window awnings supported by an exterior wall of Group R-3 and Group U occupancies.
(xii) Movable cases, counters and partitions that are not over 5 feet 9 inches in height.
(2) Electrical work for the following:
(i) Minor repair and maintenance work that includes the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
(ii) Electrical equipment used for radio and television transmissions. The provisions of the Uniform Construction Code apply to equipment and wiring for power supply and the installation of towers and antennas.
(iii) The installation of a temporary system for the testing or servicing of electrical equipment or apparatus.
(3) The following gas work:
(i) A portable heating appliance.
(ii) Replacement of a minor part that does not alter approval of equipment or make the equipment unsafe.
(4) The following mechanical work or equipment:
(i) A portable heating appliance.
(ii) Portable ventilation equipment.
(iii) A portable cooling unit.
(iv) Steam, hot or chilled water piping within any heating or cooling equipment governed under the Uniform Construction code.
(v) Replacement of any part that does not alter its approval or make it unsafe.
(vi) A portable evaporative cooler.
(vii) A self-contained refrigeration system containing 10 pounds or less of refrigerant and placed into action by motors that are not more than 1 horsepower.
(5) The following plumbing repairs:
(i) Stopping leaks in a drain and a water, soil, waste or vent pipe. The Uniform Construction Code applies if a concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and is removed and replaced with new material.
(ii) Clearing stoppages or repairing leaks in pipes, valves or fixtures, and the removal of and reinstallation of water closets if the valves, pipes or fixtures are not replaced or rearranged.
(d) An ordinary repair does not require a permit. The following are not ordinary repairs:
(1) Cutting away a wall, partition or portion of a wall.
(2) The removal or cutting of any structural beam or load-bearing support.
(3) The removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements.
(4) The addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical.
(e) A permit is not required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment that is under the ownership and control of a public service utility by established right.
(f) A permit applicant shall attach construction documents and information concerning special inspection and structural observation programs, Department of Transportation highway access permits and other data required by the building code official with the permit application. The applicant shall submit three sets of documents when the Department conducts the review.
(g) A licensed architect or licensed professional engineer shall prepare the construction documents under the Architects Licensure Law (63 P. S. §§ 34.1--34.22), or the Engineer, Land Surveyor and Geologist Registration Law (63 P. S. §§ 148--158.2). An unlicensed person may prepare design documents for the remodeling or alteration of a building if there is no compensation and the remodeling or alteration does not relate to additions to the building or changes to the building's structure or means of egress.
(h) A building code official may require submission of additional construction documents in special circumstances.
(i) The applicant shall submit construction documents in a format approved by the building code official. Construction documents shall be clear, indicate the location, nature and extent of the work proposed, and show in detail that the work will conform to the Uniform Construction Code.
(j) The applicant shall submit construction documents that show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the Uniform Construction Code. The construction documents for occupancies other than Groups R-2 and R-3 shall contain designation of the number of occupants to be accommodated on every floor and in all rooms and spaces. The applicant shall submit shop drawings for a fire protection system that indicates conformance with the Uniform Construction Code. Shop drawings shall be approved before the start of the system installation. Shop drawings must contain the information required by the referenced installation standards contained in Chapter 9 of the ''International Building Code.''
(k) Construction documents shall contain the following information related to the exterior wall envelope:
(1) Description of the exterior wall envelope indicating compliance with the Uniform Construction Code.
(2) Flashing details.
(3) Details relating to intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves, or parapets, means of drainage, water-resistive membrane and details around openings.
(4) Manufacturing installation instructions that provide documentation that the proposed penetration and opening details described in the construction documents will maintain the weather resistance of the exterior wall envelope.
(5) If applicable, a full description of the exterior wall system which was tested and the test procedure that was used.
(l) Construction documents shall contain a site plan, drawn to scale, that includes all of the following:
(1) The size and location of new construction and existing structures on the site.
(2) Accurate boundary lines.
(3) Distances from lot lines.
(4) The established street grades and the proposed finished grades.
(5) The site plan for structure demolition showing construction intended for demolition, the location and size of existing structures and the construction that is to remain on the site or plot.
(6) Location of parking spaces, accessible routes, public transportation stops and other required accessibility features.
(m) A permit applicant shall submit required certifications required for construction in a flood hazard area to the building code official.
(n) A permit applicant shall identify, on the application, the name and address of the individual who will observe the construction to ensure it is built in accordance with the submitted permit application, construction documents and the Uniform Construction Code.
(o) The permit applicant shall describe an inspection program, identify a person or firm who will perform structural observation and describe the construction stage where structural observation will occur if section 1704 or 1709 of the ''International Building Code'' requires structural observation or special inspections for the construction.
(p) A building code official may waive or modify the submission of construction documents or other data if the nature of the work applied for does not require review of construction documents or other data to obtain compliance with the Uniform Construction Code.
(q) A permit applicant shall comply with the permit, certification or licensure requirements of the following laws applicable to the construction:
(1) The Boiler and Unfired Pressure Vessel Law (35 P. S. §§ 1331.1--1331.19).
(2) The Liquefied Petroleum Gas Act (35 P. S. §§ 1321--1329).
(3) The Health Care Facilities Act.
(4) The Older Adult Daily Living Centers Licensing Act (62 P. S. §§ 1511.1--1511.22).
§ 403.43. Grant, denial and effect of permits.
(a) A building code official shall grant or deny a permit application, in whole or in part, within 30 business days of the filing date. Reasons for the denial shall be in writing and sent to the applicant. A building code official may establish a different deadline to consider applications for a permit in an historic district. The building code official and the applicant may agree in writing to extend the deadline by a specific number of days.
(b) A building code official shall examine, or delegate for examination, the construction documents and shall determine whether the construction indicated and described is in accordance with the Uniform Construction Code and other pertinent laws or ordinances as part of the application process.
(c) A building code official shall stamp or place a notation on the set of reviewed construction documents that the documents were reviewed and approved for Uniform Construction Code compliance before the permit is issued. The building code official shall clearly mark any required changes on the construction documents. The building code official shall return a set of the construction documents with this notation and any required changes to the applicant. The applicant shall keep a copy of the construction documents at the work site open to inspection by the construction code official or an authorized representative.
(d) A building code official may not issue a permit for any property requiring access to a highway under the Department of Transportation's jurisdiction unless the permit contains notice that a highway occupancy permit is required under section 420 of the State Highway Law (36 P. S. § 670-420) before driveway access to a Commonwealth highway is permitted.
(e) A building code official may issue a permit for the construction of the foundations or other parts of a building or structure before the construction documents for the whole building or structure are submitted if the permit applicant previously filed adequate information and detailed statements for the building or structure under the Uniform Construction Code. Approval under this section is not assurance that the building code official will issue a permit for the entire building or structure.
(f) Issuance of a permit does not bar prosecution or other legal action for violations of the act, the Uniform Construction Code, or a construction ordinance. A building code official may suspend or revoke a permit issued under the Uniform Construction Code when the owner does not make the required changes directed by the building code official under subsection (c), when the permit is issued in error, on the basis of inaccurate or incomplete information or in violation of any act, regulation, ordinance or the Uniform Construction Code.
(g) A permit becomes invalid unless the authorized construction work begins within 180 days after the permit's issuance or if the authorized construction work permit is suspended or abandoned for 180 days after the work has commenced. A permit applicant may submit a written request for an extension of time to commence construction for just cause. The building code official may grant extensions of time to commence construction in writing. A permit may be valid for no more than 5 years from its issue date.
(h) The owner shall keep a copy of the permit on the work site until the completion of the construction.
(i) A permit applicant may request extensions of time or variances or appeal a building code official's action on the permit application to a board of appeals under § 403.122 (relating to appeals, variances and extensions of time).
(j) A permit is not valid until the required fees are collected under §§ 401.2 and 401.3 (relating to Department fees; and municipal and third-party agency fees).
§ 403.44. Construction materials and changes.
(a) Material, equipment and devices that were evaluated by the National Evaluation Services, Incorporated or its successor and which meet the codes incorporated as the Uniform Construction Code are considered as an approved design, equipment or device.
(b) Construction changes that do not comply with the approved construction documents shall be resubmitted to the building code official for approval as an amended set of construction documents.
§ 403.45. Inspections.
(a) A construction code official shall perform inspections to insure that the construction complies with the approved permit and the Uniform Construction Code.
(b) Before issuing a permit, a building code official may examine, or cause to be examined, buildings, structures, facilities or sites related to the permit application.
(c) The permit holder or an authorized agent shall notify the construction code official when work is ready for inspection and provide access for the inspection. A construction code official may inspect the construction and equipment during normal business hours.
(d) The construction code official shall notify a permit holder if construction complies with the Uniform Construction Code or fails to comply with the Uniform Construction Code.
(e) The construction code official shall file a final inspection report, which indicates that all of the following areas met Uniform Construction Code requirements after a final inspection of the completed construction work:
(1) General building.
(2) Electrical.
(3) Plumbing.
(4) Accessibility.
(5) Fire protection.
(6) Mechanical.
(7) Energy conservation.
(8) Elevators and other lifting devices.
§ 403.46. Certificate of occupancy.
(a) A building, structure or facility may not be used or occupied without a certificate of occupancy issued by a building code official.
(b) A building code official shall issue a certificate of occupancy after receipt of a final inspection report that indicates compliance with the Uniform Construction Code. The certificate of occupancy shall contain the following information:
(1) The permit number and address of the building, structure or facility.
(2) A description of the portion of the building, structure or facility covered by the occupancy permit.
(3) The name of the building code official who issued the occupancy permit.
(4) The applicable construction code edition applicable to the occupancy permit.
(5) The use and occupancy classification under Chapter 3 (Use and Occupancy Classification) of the ''International Building Code,'' when designated.
(6) The type of construction defined in Chapter 6 (Types of Construction) of the ''International Building Code,'' when designated.
(7) Special stipulations and conditions relating to the permit and board of appeals' decisions and variances for accessibility requirements granted by the Secretary.
(8) The date of the final inspection.
(c) A building code official may issue a certificate of occupancy for a portion of a building, structure or facility if the portion independently meets the Uniform Construction Code.
(d) A building code official may suspend or revoke a certificate of occupancy when the certificate was issued in error, on the basis of incorrect information supplied by the permit applicant or in violation of the Uniform Construction Code. Before a certificate of occupancy is revoked, a building owner may request a hearing before the board of appeals under § 403.122 (relating to appeals, variances and extensions of time).
§ 403.47. Public utility connections.
(a) A person may not connect a building, structure or system governed by the Uniform Construction Code and requiring a permit to a utility, source of energy, fuel or power unless a building code official authorizes the connection. A building code official may authorize the temporary connection of the building, structure or system to the utility source.
(b) A building code official may authorize the disconnection of utility service, source of energy, fuel or power to the building, structure or system governed by the Uniform Construction Code to eliminate an immediate hazard to life or property. The building code official shall notify the utility and, if possible, the owner and occupant of the building, structure or system prior to disconnection. The building code official shall provide written notification to the owner or occupant if the disconnection was made without prior notification.
§ 403.48. Boilers.
(a) The Boiler and Unfired Pressure Law (35 P. S. §§ 1331.1--1331.19) and Chapter 3 (relating to boilers and unfired pressure vessels) govern the new installation, repair or replacement of a boiler or other pressure vessel.
(b) A permit is not required for the installation, repair or replacement of a boiler or unfired pressure vessel under subsection (a). The building or structure containing the boiler or unfired pressure vessel shall comply with the Uniform Construction Code or the regulation or ordinance in effect at the time of its legal occupancy.
PERMIT AND INSPECTION PROCESS FOR RESIDENTIAL BUILDINGS § 403.61. Residential buildings.
This section and §§ 403.62--403.65 apply to municipalities electing to enforce the Uniform Construction Code under § 403.101 (relating to municipalities electing to enforce the Uniform Construction Code) and third-party agencies.
§ 403.62. Permit application and approval.
(a) An owner or authorized agent who intends to perform any of the following shall first apply to a building code official and obtain the required permit:
(1) Construct, enlarge, alter, repair, move, demolish or change the occupancy of a residential building.
(2) Erect, install, enlarge, alter, repair, remove, convert or replace an electrical, gas, mechanical or plumbing system regulated by the Uniform Construction Code.
(b) The applicant shall submit an application to the municipality on a form provided by the Department of Community and Economic Development. The applicant shall complete additional information requested by the municipality on the addendum to the application.
(c) A permit is not required for the exceptions listed in § 403.1(b) (relating to scope) and the following construction if the work does not violate a law or ordinance:
(1) Building construction for the following:
(i) Fences that are no more than 6 feet high.
(ii) Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall unless the wall supports a surcharge.
(iii) Water tanks supporting directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to 1.
(iv) Sidewalks and driveways that are 30 inches or less above adjacent grade and not placed over a basement or story below it.
(v) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finishing work.
(vi) Prefabricated swimming pools that are less than 24 inches deep.
(vii) Swings and other playground equipment accessory to a residential building.
(viii) Window awnings supported by an exterior wall.
(2) Minor electrical repair and maintenance including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
(3) The following gas work:
(i) Portable heating, cooking or clothes drying appliances.
(ii) Replacement of any minor part that does not alter approval of equipment or make this equipment unsafe.
(4) The following mechanical work:
(i) A portable heating appliance.
(ii) Portable ventilation appliances.
(iii) Portable cooling units.
(iv) Steam, hot or chilled water piping within any heating or cooling equipment regulated by the Uniform Construction Code.
(v) Replacement of any minor part that does not alter approval of equipment or make the equipment unsafe.
(vi) Self-contained refrigeration systems containing 10 pounds or less of refrigerant or that are put into action by motors of 1 horsepower or less.
(5) The following plumbing work:
(i) Stopping leaks in drains, water, soil, waste or vent pipe unless a concealed pipe becomes defective and it is removed and replaced with new material.
(ii) Clearing stoppages or repairing leaks in pipes, and the removal and reinstallation of water closets, if the repair does not involve or require the replacement or rearrangement of valves, pipes or fixtures.
(d) A permit is not required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment that is under the ownership and control of a public service utility by established right.
(e) An applicant for a building or structure located in a flood hazard area under the National Flood Insurance Program shall submit the following information with the construction documents:
(1) Delineation of flood hazard areas, floodway boundaries and flood zones and the design flood elevation, as appropriate.
(2) The elevation of the proposed lowest floor including basement and the height of the proposed lowest floor including basement above the highest adjacent grade is to be included in the documents if the building or structure is located in areas of shallow flooding (Zone AO).
(3) Design flood elevations contained on the municipality's Flood Insurance Rate Map produced by the Federal Emergency Management Agency. The building code official and the applicant shall obtain and reasonably utilize design flood elevation and floodway data available from other sources if this information is not contained on the municipality's Flood Insurance Rate Map.
(f) A building code official shall grant or deny an application for a permit within 15 business days of the filing date or the application is deemed approved.
(g) A permit is not valid until the required fees are collected under § 401.2 or § 401.3 (relating to Department fees; and municipal and third-party agency fees).
§ 403.63. Inspections.
(a) A construction code official shall inspect all construction for which a permit was issued. The building permit applicant shall insure that the construction is accessible for inspection. An inspection does not bar prosecution or other legal action for violation of the Uniform Construction Code.
(b) The permit holder or an authorized agent shall notify the construction code official when work is ready for inspection and provide access for the inspection.
(c) The construction code official shall notify a permit holder whether construction complies with the Uniform Construction Code.
(d) A construction code official shall make the following inspections and file inspection reports relating to Uniform Construction Code compliance in all of the following areas:
(1) Foundation inspection.
(2) Plumbing, mechanical and electrical system inspection.
(3) Frame and masonry inspection.
(4) Wallboard inspection.
(e) The construction code official may conduct other inspections to ascertain compliance with the Uniform Construction Code or municipal ordinances.
(f) The construction code official shall file a final inspection report that indicates that each of the following areas met Uniform Construction Code requirements after a final inspection of the completed construction work:
(1) General building information.
(2) Electrical.
(3) Plumbing.
(4) Mechanical.
(5) Energy conservation.
(6) Fuel gas.
(g) A third-party agency under contract with a building permit holder shall submit a copy of the final inspection report to the municipality, property owner, builder and the lender designated by the builder.
(f) A municipality enforcing the Uniform Construction Code shall send a copy of the final inspection report to the property owner, the builder and the lender designated by the builder.
§ 403.64. Certificate of occupancy.
(a) A building, structure or facility may not be used or occupied without a certificate of occupancy issued by a building code official.
(b) A building code official shall issue a certificate of occupancy after receipt of a final inspection report that indicates compliance with the Uniform Construction Code. The certificate of occupancy shall contain all of the following information:
(1) The permit number and address of the building, structure or facility.
(2) The name and address of the owner of the building or structure.
(3) A description of the portion of the building or structure covered by the occupancy permit.
(4) A statement that the described portion of the building or structure was inspected for compliance with the Uniform Construction Code.
(5) The name of the building code official who issued the occupancy permit.
(6) The construction code edition applicable to the occupancy permit.
(7) If an automatic sprinkler system is provided.
(8) Any special stipulations and conditions relating to the building permit.
(c) A building code official may issue a certificate of occupancy for a portion of a building or structure if the portion independently meets the Uniform Construction Code.
(d) A building code official may suspend or revoke a certificate of occupancy when the certificate was issued in error, on the basis of incorrect information supplied by the permit applicant, or in violation of the Uniform Construction Code. Before a certificate of occupancy is revoked, a building owner may request a hearing before the board of appeals in accordance with § 403.122 (relating to appeals, variances and extensions of time).
(e) A third-party agency under contract with a building permit holder shall submit a copy of the certificate of occupancy to the municipality.
§ 403.65. Public utility connections.
(a) A person may not connect a building, structure or system governed by the Uniform Construction Code to a utility, source of energy, fuel or power unless a building code official authorizes the connection. A building code official may authorize the temporary connection of the building, structure or system to the utility source.
(b) A building code official may authorize the disconnection of utility service, source of energy, fuel or power to the building, structure or system governed by the Uniform Construction Code to eliminate an immediate hazard to life or property. The building code official shall notify the utility and, if possible, the owner and occupant of the structure or serving system prior to disconnection. The building code official shall provide written notification to the owner or occupant if the disconnection was made without prior notification.
DEPARTMENT, MUNICIPAL AND THIRD-PARTY ENFORCEMENT FOR NONCOMPLIANCE § 403.81. Stop work order.
(a) A building code official may issue a written stop work order when the official determines that construction violates the Uniform Construction Code, is being performed in a dangerous or unsafe manner or that the construction will interfere with required inspection. 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 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.
§ 403.82. Notice of violations.
A building code official shall follow the following procedures if an inspection reveals a violation of the Uniform Construction Code:
(1) A construction code official shall discuss the inspection results with the owner or owner's agent at the completion of the inspection.
(2) The building code official may issue a written notice of violations to the owner or owner's agent. 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 § 403.84 (relating to unsafe building, structure or equipment).
(3) After the compliance date contained in the order, the building code official or designee 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 § 403.83 (relating to order to show cause/order to vacate) to the owner for a violation that was not corrected.
§ 403.83. Order to show cause/order to vacate.
(a) A building code official 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 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 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 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 5 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 5 business days.
(d) If the permit owner 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 may take the following actions if the owner 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 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 § 403.84 (relating to unsafe building, structure or equipment).
§ 403.84. Unsafe building, structure or equipment.
(a) A building code official 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.
(b) When a building code official determines the existence of an unsafe condition, the building code official shall order the vacating of the building or structure.
(c) A building code official 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 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.
§ 403.85. Retention and sharing of commercial construction records.
(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).
§ 403.86. Right of entry to inspect.
(a) A construction code official may enter a building, structure or premises at reasonable times 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 shall 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 hours without obtaining permission to enter from the owner or the owner's agent.
(d) A construction code official may seek the assistance of a law enforcement agency to gain entry to enforce the Uniform Construction Code where the building, structure or premises is unsafe.
(e) This section shall be used in conjunction with the Fire and Panic Act.
MUNICIPAL ELECTION § 403.101. Municipalities electing to enforce the Uniform Construction Code.
(a) A municipality which elects to enforce the Uniform Construction Code shall enact an ordinance adopting the Uniform Construction Code as its municipal building code under section 501(a) of the act (35 P. S. § 7210.501(a)).
(b) The initial election period is from _____ (Editor's Note: The blank refers to the effective date of adoption of this proposal.) through _____ (Editor's Note: The blank refers to a date 90 days after the effective date of adoption of this proposal.). A municipality shall enact an ordinance adopting the Uniform Construction Code no later than _____ (Editor's Note: The blank refers to a date 90 days after the effective date of adoption of this proposal.).
(c) After the expiration of the initial election period, a municipality may elect to administer and enforce the Uniform Construction Code. The municipality shall provide 180 days notice to the Department of its intention to pass an ordinance adopting the Uniform Construction Code.
(d) A municipality shall submit written notification to the Department of adoption of the ordinance and the following information within 30 days of its adoption:
(1) The number and date of adoption of the ordinance.
(2) The name of building code official.
(3) The business address of building code official.
(4) The business phone number of building code official.
(5) The electronic mail address of building code official, if available.
(e) A municipality may retain ordinances in effect on July 1, 1999, that contain standards that equal or exceed the Uniform Construction Code under section 303(b) of the act (35 P. S. § 7210.303(b)).
(f) A municipality that administers and enforces the Uniform Construction Code may cease administration and enforcement if it provides 180 days notice to the Department of its intention to adopt an ordinance ceasing administration and enforcement.
(g) A municipality shall notify the Department in writing within 30 days of any changes to the information it provided under subsections (b) and (d).
(h) A municipality that elects to administer and enforce the Uniform Construction Code shall utilize any of the following ways under section 501(b) of the act:
(1) Designating an employee to serve as a building code official.
(2) Contracting with a third-party agency.
(3) Utilizing an intermunicipal agreement under 53 Pa.C.S. §§ 2301--2315 (relating to intergovernmental cooperation).
(4) Contracting with another municipality.
(5) Contracting with the Department for plan reviews, inspection and enforcement of structures other than one-family and two-family dwelling units and utility and miscellaneous use structures.
(i) A municipality may charge fees under § 401.3 (relating to municipal and third-party agency fees).
(j) A municipality may enact an ordinance containing standards that equal or exceed the Uniform Construction Code as adopted by § 403.21 (relating to the Uniform Construction Code) under section 503 of the act (35 P. S. § 7210.503) after Department review and approval. The municipality shall notify the Department of the proposed ordinance and shall submit all of the following to the Department for its review:
(1) The complete ordinance.
(2) The information required in subsection (d).
(3) A detailed statement containing the differences between the proposed ordinance and the Uniform Construction Code and how the ordinance will equal or exceed the Uniform Construction Code.
(k) A municipality may enact an ordinance relating to the administration and enforcement of the Uniform Construction Code that meets or exceeds the requirements of the following sections:
(1) Section 403.43(b), (c), (g), (h) and (j) (relating to grant, denial and effect of permits).
(2) Section 403.44 (relating to construction material and changes).
(3) Section 403.45 (relating to inspections).
(4) Section 403.46 (relating to certificates of occupancy).
(5) Section 403.47 (relating to public utility connections).
(6) Section 403.63 (relating to inspections).
(7) Section 403.64 (relating to certificates of occupancy).
(8) Section 403.65 (relating to public utility connections).
(9) Section 403.81(a) and (b) (relating to stop work orders).
(10) Section 403.82 (relating to notice of violations).
(11) Section 403.83 (relating to order to show cause/ order to vacate).
(12) Section 403.84(a)--(e) (relating to unsafe building structure or equipment).
(13) Section 403.85(a)--(c) (relating to retention and sharing of commercial construction records).
(l) A municipality may enact an ordinance relating to administration and enforcement of the Uniform Construction Code that meets or exceeds §§ 403.42(a)--(e) and (g)--(o) and 403.62(a)--(f) (relating to permit application; and permit application and approval). A municipality shall utilize forms provided by the Department of Community and Economic Development as the permit application under §§ 403.42(b) and 403.62(b) and may not alter the application form. A municipality may require an applicant to provide additional information on an addendum to the application.
(m) The Department will enforce Chapter 11 (Accessibility) of the Uniform Construction Code and other accessibility requirements contained in or referenced by the Uniform Construction Code until a municipality employs or contracts with a code administrator certified as an accessibility specialist under this part.
(n) A municipality may observe Department inspections of State-owned buildings in its jurisdiction under section 105(b)(1) of the act (35 P. S. § 7210.105(b)(1)). A municipality may review all building plans and plan review documents for State-owned buildings in the Department's custody.
§ 403.102. Municipalities electing not to enforce the Uniform Construction Code.
(a) A municipality shall provide written notification to the Department before _____ (Editor's Note: The blank refers to a date 120 days after the effective date of adoption of this proposal.) if it elects not to administer and enforce the Uniform Construction Code.
(b) An applicant for a residential building permit shall obtain the services of a third-party agency certified in the appropriate categories to conduct the plan review and inspections under §§ 403.61--403.65 (relating to permit and inspection process for residential buildings).
(c) A building code official shall approve an alternative material, design or method of construction if the proposed design is satisfactory and complies with the intent of the Uniform Construction Code and the offered material, method or work is equivalent to Uniform Construction Code requirements for its intended purpose. The building code official may allow compliance with specific performance-based provisions of the codes contained in § 403.21 (relating to Uniform Construction Code) as an alternative to compliance with the Uniform Construction Code.
(d) A third-party agency which conducts plan review and inspection of residential buildings and utility and miscellaneous use structures shall retain copies of all final inspection reports relating to Uniform Construction Code compliance.
(e) A third-party agency shall send a copy of the final inspection report to the property owner, builder, municipality and a lender designated by the builder.
(f) A municipality shall provide written notification to a permit applicant for buildings and structures other than residential buildings that the applicant shall obtain the Department's services for plan review and inspection. The municipality shall send a copy of the notice to the Department. The notice shall contain the following information:
(1) The name of the applicant.
(2) The address of the applicant.
(3) The name of the building or structure.
(4) The address of the building or structure.
§ 403.103. Department review.
(a) The Department will investigate written and signed complaints concerning the enforcement and administration of the Uniform Construction Code under section 105 of the act (35 P. S. § 7210.105). The Department will make a report to the governing body of the municipality or third-party agency that was the subject of the review and provide recommendations to address any deficiencies found by the Department.
(b) The Department will review each municipal enforcement program at least once every 5 years to ensure that code administrators are adequately administering and enforcing the provisions of Chapter 11 (Accessibility) of the Uniform Construction Code and any other accessibility requirements contained in or referenced by the Uniform Construction Code. The Department will submit a written report to the municipality of its findings.
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