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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 2336 (April 27, 2024).

34 Pa. Code § 403.104. Department review.

§ 403.104. Department review.

 (a)  The Department will investigate written and signed complaints concerning the enforcement and administration of the Uniform Construction Code under section 105(a) of the act (35 P. S. §  7210.105(a)). 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 unless a complaint is received under section 105(a) of the act 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. The municipality may submit a written response to the Department.

 (c)  The Department may take any of the following actions for violations of the act or to obtain compliance with the act:

   (1)  Initiate proceedings in Commonwealth Court under section 105(a)(3) of the act.

   (2)  Initiate proceedings against code administrators under section 701 of the act (35 P. S. §  7210.701) and §  401.14 (relating to decertification or refusal to certify).

   (3)  Initiate prosecutions under section 903 of the act (35 P. S. §  7210.903).

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