§ 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. A vacant building or structure that is not secured against entry is unsafe under this section.
(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 owners 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 owners agents 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.
This section cited in 34 Pa. Code § 403.82 (relating to notice of violations); 34 Pa. Code § 403.83 (relating to order to show cause/order to vacate); 34 Pa. Code § 403.102 (relating to municipalities electing to enforce the Uniform Construction Code); 34 Pa. Code § 403.122 (relating to appeals, variances and extensions of time); 34 Pa. Code § 403.142 (relating to Accessibility Advisory Board); and 34 Pa. Code § 405.11 (relating to accident report).
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