[34 Pa.B. 319]
[Continued from previous Web Page] § 403.62a. Permit application.
(a) Applications for a permit required under § 403.62 (relating to permit requirements and exemptions) shall be submitted to the building code official in accordance with this section.
(b) A permit applicant shall submit an application to the building code official and attach construction documents with plans and specifications.
(c) A building code official may waive the submission of construction documents if the nature of the construction does not require the review of the construction documents to determine compliance with the Uniform Construction Code.
(d) A permit 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.
(e) The application must contain a site plan showing the size and location of the new construction and existing structures on the site and the structure's distance from lot lines. If the construction involves demolition, the site plan shall indicate construction that is to be demolished and the size and location of existing structures and construction that will remain on the site or plot. A building code official may waive or modify the site plan requirement when the permit application is for an alteration or a repair or if the waiver is warranted for other reasons.
§ 403.63. Grant, denial and effect of permits.
(a) A building code official shall grant or deny a permit application, in whole or in part, within 15 business days of the filing date or the application is deemed approved. Reasons for the denial must be in writing and sent to the permit applicant. 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 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 each page of 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 nondesign 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 holder 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 permit holder 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) in a municipality which has adopted an ordinance for the administration and enforcement of the act or municipalities which are parties to an agreement for the joint administration and enforcement of the act.
(j) Work shall be installed in accordance with the approved construction documents. The permit holder shall submit a revised set of construction documents for approval for changes made during construction that are not in accordance with the approved construction documents.
(k) A permit is not valid until the required fees are collected under § 401.2a (relating to municipal and third-party agency fees).
§ 403.64. Inspections.
(a) A construction code official shall inspect all construction for which a permit was issued. The permit holder 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 if construction complies with the Uniform Construction Code or fails to comply 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) A construction code official shall conduct a final inspection of the completed construction work and file a final inspection report that indicates compliance with the Uniform Construction Code.
(g) A third-party agency under contract with a permit holder shall submit a copy of the final inspection report to the property owner, builder and the lender designated by the builder.
§ 403.65. Certificate of occupancy.
(a) A residential building 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 within 5 business days. The certificate of occupancy shall contain all of the following information:
(1) The permit number and address of the residential building.
(2) The name and address of the owner of the residential building.
(3) A description of the portion of the residential building covered by the occupancy permit.
(4) A statement that the described portion of the residential building 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 residential building 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.
§ 403.66. Public utility connections.
(a) A building code official may authorize the temporary connection of a building or system under construction to a utility source of energy, fuel or power.
(b) Connection to a public electric or gas utility for the completed construction may not occur unless the permit holder provides written proof to the utility company that the building or structure passed inspections under this chapter.
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 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 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 permit holder at the completion of the inspection.
(2) The building code official 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 § 403.84 (relating to unsafe building, structure or equipment).
(3) After the compliance date contained in the order, the building code official 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 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 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 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 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 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. 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 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. Release, 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).
(e) The Department, a municipality and a third-party agency acting on behalf of a municipality may prohibit release of applications received, building plans and specifications, inspection reports and similar documents to the public under the act of June 21, 1957 (P. L. 390, No. 212) known as the Right-to-Know Law (65 P. S. §§ 66.1--66.9). The Department, the municipality 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, a municipality and a third-party agency acting on behalf of a municipality may release any document obtained under this chapter to the following:
(1) The Department.
(2) The Department of General Services.
(3) Law enforcement or emergency response entities.
(4) Federal, State or local health entities.
§ 403.86. Right of entry to inspect.
(a) A construction code official 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 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.
(d) A construction code official may seek the assistance of a law enforcement agency to gain entry to enforce the Uniform Construction Code when 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.
MUNICIPAL ELECTION § 403.101. Effective date.
(a) The Fire and Panic Act, the act of September 1, 1965 (P. L. No. 235) (71 P. S. §§ 1455.1--1455.3b), known as the Universal Accessibility Act and a locally-enacted building code shall remain in effect until the date that one of the following has transpired:
(1) A municipality enacts an ordinance adopting the Uniform Construction Code and the municipality provides written notification to the Department of the adopted ordinance before August 7, 2004.
(2) The initial election and notification period ended on August 7, 2004, and the municipality has not provided written notification to the Department.
(3) The municipality elects not to adopt an ordinance enforcing the Uniform Construction Code and provides written notification to the Department.
(b) 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.
(c) The Fire and Panic Act, the Universal Accessibility Act and a locally-enacted building code shall remain in effect for the following construction:
(1) New buildings or renovations to existing buildings for which an application for a building permit was made to the municipality before April 9, 2004.
(2) New buildings or renovations to existing buildings on which a contract for design or construction was signed before April 9, 2004.
§ 403.102. 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 April 9, 2004, through July 8, 2004. A municipality shall enact an ordinance adopting the Uniform Construction Code by July 8, 2004.
(c) 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.
(d) 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)).
(e) 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.
(f) A municipality shall notify the Department in writing within 30 days of any changes to the information it provided under subsections (b) and (e).
(g) 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) Employ at least one construction code official and designating an employee to serve as a building code official.
(2) Retaining one or more third-party agencies.
(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.
(h) A municipality may charge fees under § 401.2a (relating to municipal and third-party agency fees).
(i) 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 (c).
(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.
(j) The Department will review all proposed ordinances that are filed with the Department in accordance with section 503(f) and (i) of the act (35 P. S. § 7210.503(f) and (i)). The Department will provide written notification of its findings to the municipality including the Department's finding on the municipality's compliance with section 503(b) of the act.
(k) A written challenge of an ordinance is governed by the following:
(1) An aggrieved party may file a written challenge of an ordinance within 30 days of its enactment with the Department and the municipality under section 503(j) of the act.
(2) The Secretary will issue a ruling on the challenge within 45 days of receipt of the filing of the last challenge to the ordinance or within 30 days of the Department hearing on the challenge, whichever occurs last, under section 503(k) of the act.
(l) 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 403.42(b) and (c) (relating to permit requirements and exemptions).
(2) Section 403.42a(a)--(e) and (g)--(n) (relating to permit application).
(3) Section 403.43(b), (c), (g), (h) and (k) (relating to grant, denial and effect of permits).
(4) Section 403.44 (relating to alternative construction material and methods).
(5) Section 403.45 (relating to inspections).
(6) Section 403.46 (relating to certificate of occupancy).
(7) Section 403.47 (relating to public utility connections).
(8) Section 403.62(a)--(e) (relating to permit requirements and exemptions).
(9) Section 403.64 (relating to inspections).
(10) Section 403.65 (relating to certificates of occupancy).
(11) Section 403.66 (relating to public utility connections).
(12) Section 403.81(a) and (b) (relating to stop work order).
(13) Section 403.82 (relating to notice of violations).
(14) Section 403.83 (relating to order to show cause/ order to vacate).
(15) Section 403.84(a)--(e) (relating to unsafe building structure or equipment).
(16) Section 403.85(a)--(c) (relating to release, retention and sharing of commercial construction records).
(m) A municipality may utilize forms provided by the Department of Community and Economic Development as the permit application under §§ 403.42a and 403.62a.
(n) 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 inspector/plans examiner under this part.
(o) 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.
§ 403.103. Municipalities electing not to enforce the Uniform Construction Code.
(a) A municipality shall provide written notification to the Department before August 7, 2004, 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--403.66 (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 shall accept compliance with the International Performance Code as an alternative to compliance with the Uniform Construction Code.
(d) A building code official shall determine the climatic and geographic design criteria contained in Table R301.2(1) of the ''International Residential Code'' for residential construction.
(e) 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.
(f) A third-party agency shall send a copy of the final inspection report to the property owner, builder, and a lender designated by the builder.
(g) 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.
(5) Proposed occupancy or use of building or structure under the Uniform Construction Code.
§ 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).
BOARD OF APPEALS § 403.121. Board of appeals.
(a) A municipality which has adopted an ordinance for the administration and enforcement of the Uniform Construction Code or is a party to an agreement for the joint administration and enforcement of the Uniform Construction Code shall establish and appoint members to serve on a board of appeals under section 501(c) of the act (35 P. S. § 7210.501(c)).
(b) The board of appeals shall hear and rule on appeals, requests for variances and requests for extensions of time. An application for appeal shall be based on a claim that the true intent of the act or Uniform Construction Code has been incorrectly interpreted, the provisions of the act or Uniform Construction Code do not fully apply or an equivalent form of construction is to be used.
(c) The composition of a board of appeals is governed by all of the following:
(1) A member of the board of appeals shall be qualified by training and experience to pass on matters pertaining to building construction. Training and experience may consist of licensure as an architect or engineer, experience in the construction industry, and training or experience as an inspector or plan reviewer.
(2) A member of the board of appeals holds office at the pleasure of the municipality's governing body.
(3) Members of a municipality's governing body and its code administrators may not serve on a board of appeals.
(4) A municipality may fill a position on the board of appeals with a qualified person who resides outside of the municipality when it cannot find a person within the municipality who satisfies the requirements of this section.
(d) Two or more municipalities may establish a joint board of appeals through an intermunicipal agreement under 53 Pa.C.S. §§ 2301--2315 (relating to intergovernmental cooperation).
(e) A board of appeals member may not cast a vote or participate in a hearing in any appeal, request for variance or request for extension of time in which the member has a personal, professional or financial interest.
(f) A board of appeals shall schedule meetings and provide public notice of meetings in accordance with 65 Pa.C.S. §§ 701--716 (relating to Sunshine Act).
(g) A board of appeals may not act upon appeals, requests for variance or requests for extension of time relating to accessibility under the act.
§ 403.122. Appeals, variances and extensions of time.
(a) An owner or owner's agent may seek a variance or extension of time or appeal a building code official's decision by filing a petition with the building code official or other person designated by the board of appeals on a form provided by the municipality.
(b) The postmark date or the date of personal service will establish the filing date of the appeal and request for variance or extension of time.
(c) An appeal or request for variance or extension of time to a board of appeals will automatically suspend an action to enforce an order to correct until the matter is resolved. An action under § 403.84 (relating to unsafe building, structure or equipment) may not be stayed.
(d) A board of appeals shall decide an appeal, variance request or request for extension of time by reviewing documents and written brief or argument unless the owner or owner's agent requests a hearing.
(e) A board of appeals shall hold a hearing within 60 days from the date of an applicant's request unless the applicant agreed in writing to an extension of time.
(f) A board of appeals shall only consider the following factors when deciding an appeal under section 501(c)(2) of the act:
(1) The true intent of the act or Uniform Construction Code was incorrectly interpreted.
(2) The provisions of the act do not apply.
(3) An equivalent form of construction is to be used.
(g) A board of appeals may consider the following factors when ruling upon a request for extension of time or the request for variance:
(1) The reasonableness of the Uniform Construction Code's application in a particular case.
(2) The extent to which the granting of a variance or an extension of time will pose a violation of the Uniform Construction Code or an unsafe condition.
(3) The availability of professional or technical personnel needed to come into compliance.
(4) The availability of materials and equipment needed to come into compliance.
(5) The efforts being made to come into compliance as quickly as possible.
(6) Compensatory features that will provide an equivalent degree of protection to the Uniform Construction Code.
(h) If the owner or owner's agent requests a hearing, the board of appeals shall schedule a hearing and notify the owner or owner's agent and building code official of the date, time and place of the hearing.
(i) The board of appeals may:
(1) Deny the request in whole or in part.
(2) Grant the request in whole or in part.
(3) Grant the request upon certain conditions being satisfied.
(j) The board of appeals shall provide a written notice of its decision to the owner and to the building code official.
(k) An owner shall file an appeal, request for variances and request for extension of time relating to accessibility with the Accessibility Advisory Board under § 403.142 (relating to Accessibility Advisory Board).
DEPARTMENT ENFORCEMENT § 403.141. Enforcement by the Department.
(a) The Department will conduct plan and specification review and inspections for all State-owned buildings under section 105(b) of the act (35 P. S. § 7210.105(b)). The Department will notify municipalities of all inspections of State-owned buildings and provide municipalities the opportunity to observe inspection of the buildings.
(b) The Department will retain jurisdiction over the provisions of Chapter 11 (Accessibility), and any other accessibility requirements contained in or referenced by the Uniform Construction Code, until a municipality administering and enforcing the Uniform Construction Code obtains the services of a code administrator certified as an accessibility specialist.
(c) The Department will enforce the Uniform Construction Code for all buildings and structures except for residential buildings and utility and miscellaneous use structures in municipalities that have not adopted an ordinance to enforce the act under section 501(a)(1) of the act (35 P. S. § 7210.501(a)(1)).
(d) The Industrial Board will decide petitions for variances and extensions of time and appeals of Department decisions under the Uniform Construction Code. The Industrial Board will hold the first hearing on a petition within 45 days of receipt of the petition.
(e) An owner or owner's agent may file a petition for variance or extension of time or an appeal with the Industrial Board under § 403.122 (relating to appeals, variances and extensions of time). An owner or owner's agent may file an appeal concerning technical infeasibility under Chapter 11 (Accessibility) of the Uniform Construction Code and other accessibility requirements contained in or referenced by the Uniform Construction Code with the Accessibility Advisory Board under § 403.142 (relating to Accessibility Advisory Board).
§ 403.142. Accessibility Advisory Board.
(a) The Secretary has the exclusive power to grant modifications and extensions of time and decide issues of technical infeasibility under Chapter 11 (Accessibility) of the Uniform Construction Code and other accessibility requirements contained in or referenced by the Uniform Construction Code for individual projects under section 301(a)(3) of the act (35 P. S. § 7210.301(a)(3)).
(b) The Accessibility Advisory Board is created with the following powers and duties under section 106 of the act (35 P. S. § 7210.106):
(1) Review all proposed regulations under the act and offer comment and advice to the Secretary on all issues related to accessibility by persons with physical disabilities and enforcement of accessibility requirements.
(2) Review all applications for modifications or variances of Chapter 11 (Accessibility) of the Uniform Construction Code and any other accessibility requirements contained in or referenced by the Uniform Construction Code. The Accessibility Advisory Board will advise the Secretary whether modification or variance should be granted or whether compliance is technically feasible.
(3) Hear appeals from decisions of building code officials and recommend modifications, variances or extensions of time. An appeal of a decision of a building code official shall be based on a claim that the true intent of the act or the Uniform Construction Code was incorrectly interpreted, the act does not apply or an equivalent form of construction is to be used.
(c) The Accessibility Advisory Board will schedule meetings and provide public notice of meetings in accordance with 65 Pa.C.S. §§ 701--716 (relating to the Sunshine Act).
(d) The Accessibility Advisory Board will hear requests for variances or modification, requests for extensions of time and appeals in accordance with the following procedure:
(1) An owner or owner's agent shall file an appeal with the Accessibility Advisory Board on a Department-provided form.
(2) The postmark date or the date of personal service will establish the filing date of the appeal.
(3) An appeal to the Accessibility Advisory Board will automatically suspend an action to enforce an order to correct except where there is an unsafe building, structure or equipment under § 403.84 (relating to unsafe building, structure or equipment).
(4) The Accessibility Advisory Board will make recommendations based upon documents and written brief unless the owner requests a hearing.
(5) If the owner or owner's agent requests a hearing, the Accessibility Advisory Board will schedule a hearing and will provide written notification to the owner or owner's agent and the building code official of the date, time and place of the hearing. The notification will be made no less than 5 days prior to the hearing unless the owner waives this period.
(6) The Accessibility Advisory Board may consider the following factors when a request for an extension of time or a variance or other appropriate relief is reviewed:
(i) The reasonableness of the regulations or Uniform Construction Code as applied in the specific case.
(ii) The extent to which an extension of time or a variance will subject occupants of the building or structure to conditions which do not comply with the Uniform Construction Code.
(iii) The availability of professional or technical personnel needed to comply with the Uniform Construction Code.
(iv) The availability of materials and equipment needed to comply with the Uniform Construction Code.
(v) The efforts made to safeguard occupants.
(vi) The efforts made to comply with the Uniform Construction Code.
(vii) Compensatory features that will provide an equivalent degree of compliance with the intent of the Uniform Construction Code.
(7) The Accessibility Advisory Board will recommend that the Secretary take one of the following actions:
(i) Deny the request in whole or in part.
(ii) Grant the request in whole or in part.
(iii) Grant the request upon certain conditions being satisfied.
(iv) Grant other appropriate relief.
(8) The Secretary will make a final decision on the request and will issue written notice of the decision to the owner or the owner's agent and the building code official.
(e) An individual, partnership, agency, association or corporation who reasonably believes there is a violation of the accessibility provisions of the act or the Uniform Construction Code by a governmental entity or private owner may file a complaint with the body responsible for enforcement of the Uniform Construction Code under section 501(f) of the act (35 P. S. § 7210.501(f)).
CHAPTER 405. ELEVATORS AND OTHER LIFTING DEVICES GENERALLY
Sec.
405.1. Scope. 405.2. Standards. 405.3. Permit application. 405.4. Approved designs, equipment and devices. 405.5. Acceptance inspection. 405.6. Certificate of operation. 405.7. Periodic inspections. 405.8. Periodic testing. 405.9. Periodic dynamic testing. 405.10. Major repairs, replacements and alterations. 405.11. Accident report. 405.12. Lumber elevators. STAGE, ORCHESTRA AND ORGAN CONSOLE ELEVATORS
405.31. Applicability. 405.32. Platforms. 405.33. Shaftway requirements. 405.34. Projections and recesses. 405.35. Landing doors. 405.36. Lifting capacity. 405.37. Operating speed. 405.38. Operating controls. 405.39. Switches. 405.40. Pit and pit access. 405.41. Single operator requirement. 405.42. Additional Requirements.
GENERALLY § 405.1. Scope.
(a) Application of chapter. This chapter constitutes the Uniform Construction Code technical requirements for elevators and other lifting devices. This chapter applies to the construction, alteration, addition, repair, movement, equipment, removal, maintenance, use and change in use of every elevator and lifting device after April 9, 2004.
(b) Exceptions. The Uniform Construction Code does not apply to:
(1) New elevators and lifting devices or renovations to existing elevators and lifting devices for which a permit application was made to the Department before April 9, 2004.
(2) New elevators and lifting devices or renovations to existing elevators and lifting devices for which a contract for design or construction was signed before April 9, 2004.
(3) Elevators and lifting devices solely in residential buildings used by the occupants of a dwelling unit except where the lifting device is used or accessible by the occupants of more than 1 dwelling unit.
(c) Prior permits and construction.
(1) A permit issued under valid regulations before April 9, 2004, remains valid and the construction of the elevator or lifting device may be completed in accordance with the approved permit if construction commences by April 9, 2006.
(2) If construction of the elevator or lifting device has not commenced within the time period allowed under paragraph (1), the permit becomes rescinded. The permit holder shall acquire a new permit under section 304(c)(2) of the act (35 P. S. § 7210.304(c)(2)) before construction.
(3) An elevator or lifting device that was issued a certificate of operation by the Department before April 9, 2004, may remain in use if the owner maintains the elevator or lifting device in accordance with a previous Department permit or approval, the owner complied with the regulations in effect when the certificate of operation was issued and the owner complies with the applicable requirements of §§ 405.7--405.9 (relating to periodic inspections; periodic testing; and periodic dynamic testing).
§ 405.2. Standards.
(a) The following standards are adopted as part of the Uniform Construction Code and apply to the listed type of elevator or other lifting device. Other authorities referenced in the standards are adopted if the authority is not excluded in subsection (b):
(1) ''ASME A17.1-2000'' with ''A17.1a-2002'' addenda:
(i) Part 1 (General).
(ii) Part 2 (Electric elevators).
(iii) Part 3 (Hydraulic elevators).
(iv) Part 4 (Elevators with other types of driving machines).
(v) Part 5 (Special application elevators).
(vi) Part 6 (Escalators and moving walks).
(vii) Part 7 (Dumbwaiters and material lifts).
(viii) Part 8 (General requirements).
(ix) Part 9 (Standard codes and specifications).
(2) ''ASME B20.1-2000'' for vertical and inclined reciprocating conveyors without automatic transfer devices.
(3) ''ASME A90.1-1997'' including ''A90.1a-1999'' and ''A90.1b-2001'' addenda for belt man-lifts.
(4) ''ANSI B77.1-1999'' for passenger ropeways, aerial tramways, aerial lifts, surface lifts, tows and conveyors.
(5) ''ASME A18.1-1999'' including ''A.18.1a-2001'' addenda for vertical and inclined wheelchair lifts and stairway lifts. Testing under sections 10.3.2 and 10.3.3 shall comply with § 405.8 (relating to periodic test results).
(6) Electric wiring and apparatus shall comply with the ''ICC Electrical Code.''
(b) The following sections of ''ASME A17.1-2000'' with ''A17.1b-2002'' addenda are not adopted as the Uniform Construction Code:
(1) Section 5.3 (Private residence elevators).
(2) Section 5.4 (Private residence inclined elevators).
(3) Section 5.8 (Shipboard elevators).
(4) Section 5.9 (Mine elevators).
(5) Section 7.7 (Automatic transfer devices).
(6) Section 7.8 (Power dumbwaiter with automatic transfer devices).
(7) Section 7.9 (Electric material lifts with automatic transfer devices).
(8) Section 7.10 (Hydraulic material lifts with automatic transfer devices).
(9) Section 7.11 (Material lifts with obscured transfer devices).
(10) Section 8.6.7.3 (Private residence elevator).
(11) Section 8.6.7.4 (Private residence inclined elevators).
(12) Section 8.6.7.8 (Shipboard elevators).
(13) Section 8.6.7.9 (Mine elevators).
(14) Section 8.6.9.2 (Material lifts and dumbwaiters with automatic transfer devices).
(15) Section 8.7.5.3 (Private residence elevators).
(16) Section 8.7.5.4 (Private residence inclined elevators).
(17) Section 8.7.5.8 (Shipboard elevators).
(18) Section 8.7.5.9 (Mine elevators).
(19) Section 8.7.7.3 (Material lifts and dumbwaiters with automatic transfer devices).
(20) Section 8.10.5.2 (Private residence elevators and lifts).
(21) Section 8.10.5.5 (Material lifts and dumbwaiters with automatic transfer devices).
(22) Section 8.10.5.8 (Shipboard elevators).
(23) Section 8.11.5.2 (Private residence elevators and lifts).
(24) Section 8.11.5.5 (Material lifts and dumbwaiters with automatic transfer devices).
(25) Section 8.11.5.8 (Shipboard elevators).
(c) The following portions of ''ASME B20.1 2000'' are not adopted as the Uniform Construction Code:
(1) Section 3 (Intent).
(2) Section 5.14 (Hoppers and chutes).
(3) Section 6.1 (Belt conveyors--fixed in place).
(4) Section 6.2 (Bucket conveyors).
(5) Section 6.3 (Chain conveyors).
(6) Section 6.4 (En masse conveyors).
(7) Section 6.5 (Flight and apron conveyors--bulk material).
(8) Section 6.7 (Live roller conveyors--belt or chain driven).
(9) Section 6.8 (Mobile conveyors).
(10) Section 6.9 (Portable conveyors, extendible belt conveyors and car unloaders).
(11) Section 6.10 (Pusher bar conveyors).
(12) Section 6.11 (Roller and wheel conveyors).
(13) Section 6.12 (Screw conveyors).
(14) Section 6.13 (Shuttle conveyors, belt trippers and transfer cars).
(15) Section 6.14 (Skip hoists--bulk materials).
(16) Section 6.15 (Slat conveyors and roller slat conveyors).
(17) Section 6.16 (Suspended vertical tray conveyors).
(18) Section 6.17 (Tow conveyors--in the floor).
(19) Section 6.18 (Trolley conveyors and power and free conveyors).
(20) Section 6.19 (Vertical articulated conveyors).
(21) Section 6.20 (Vertical chain opposed shelf type conveyors).
(d) The following portions of ''ASME A18.1-1999'' with ''A18.1a-2001'' addenda are not adopted as the Uniform Construction Code:
(1) Part V (Private residence vertical platform lifts).
(2) Part VI (Private residence inclined platform lifts).
(3) Part VII (Private residence incline stairway chairlifts).
(e) This chapter applies when there is a conflict with a code or standard related to elevators or lifting devices.
§ 405.3. Permit application.
(a) An owner of an elevator or lifting device or an authorized agent shall apply to the Department for a permit before the construction, alteration, replacement or repair of an elevator or lifting device.
(b) An owner or owner's agent shall submit four copies of a permit application and supporting documents to the Department for review. The application and supporting construction documents shall be submitted in Department-approved media and clearly detail the location, nature and extent of the proposed construction and its compliance with the Uniform Construction Code.
(c) The Department may suspend or revoke a permit when the permit was issued erroneously, on inaccurate, incorrect or incomplete information or issued in violation of the Uniform Construction Code. The Department may charge an applicant a new application and inspection fee when a previous permit was suspended or revoked based upon inaccurate, incomplete or incorrect information provided by the permit applicant.
(d) A permit becomes invalid unless construction work is commenced within 180 days after its issuance or if the work is suspended or abandoned for a period of 180 days after it is commenced. The Department may grant written extensions of time for periods of 180 days each. A permit remains valid for no more than 5 years.
(e) The Department will grant or deny a permit in whole or in part within 30 business days of the filing date of a complete application. The Department will provide written notification to the applicant for applications denied in whole or in part.
(f) The Department will place the written or stamped notation ''Reviewed and Approved for Code Compliance'' on the documents accompanying the permit application. The Department will keep three sets of the construction documents and send one set of construction documents to the permit applicant.
(g) An owner or owner's agent may request a variance or appeal the code administrator's decision to the Industrial Board under § 403.122 (relating to appeals, variances and extensions of time). The appeal shall be based on a claim that the true intent of the act or the Uniform Construction Code were incorrectly interpreted, the act does not fully apply or an equivalent form of construction is to be used.
(h) A permit is not valid until the Department collects the required fees under § 401.2 (relating to Department fees).
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