§ 60.11. Enforcement.
If the plans for a construction or remodeling project subject to the act or this chapter are not submitted and approved by the Department and the construction or remodeling project is nevertheless commenced, or if a construction or remodeling project subject to the act or this chapter is not performed or completed in conformance with the act or this chapter, the Department will take the following action:
(1) Notice of violation and order to correct.
(i) A written notice of violations will be served upon the government agency or the owner, or owner’s agent, describing the violations.
(ii) An order requiring the submission and approval of plans or requiring the correction of violations within a reasonable period as will be determined by the Department will be served simultaneously with the notice required in this paragraph. The order shall also advise the government agency, owner or the owner’s agent of the appeal rights under the act.
(iii) If the government agency or owner, or the owner’s agent, failed to obtain the Department’s approval of plans for a construction or remodeling project subject to the act and this chapter, the Department may also order the government agency or owner to cease work on the project immediately. If the Department issues this order, a notice will be placed at the building prohibiting the continuation of work being performed until approval is given by the Department.
(2) Determination of compliance or noncompliance.
(i) At the end of the period provided in the order to correct, the Department will inspect the building and determine whether compliance has been effected.
(ii) If compliance has been effected, the order will be closed by the Department.
(iii) If compliance has not been effected, the Department may issue to the government agency or owner, an order to show cause why the Department should not take further enforcement action against the government agency or owner.
(3) Answer to order to show cause.
(i) An answer to the order to show cause shall be filed with the Secretary, in accordance with 1 Pa. Code § 35.37 (relating to answers to orders to show cause), and may include a request for a variance or an extension of time, or both. The answer shall be filed within 30 days of the date of the issuance of the order to show cause.
(ii) If a request for variance or an extension of time, or both, has already been filed with the Secretary and is still pending, consideration of the request will be merged with the answer and considered simultaneously with the answer.
(iii) If a request for a variance or an extension of time, or both, has already been filed and is still pending, and no answer is filed, the request for a variance or an extension of time, or both, shall be deemed the answer.
(4) Appeals to the Secretary.
(i) The government agency or owner, or owner’s agent, may file an appeal with the Secretary within 30 days of the date of notice of violation and orders to correct and may request variances or extensions of time, or both. An appeal may not be filed with the Secretary after the expiration of these periods, except at the discretion of the Secretary upon good cause shown.
(ii) An appeal shall be filed with the Secretary, Labor and Industry Building, Harrisburg, Pennsylvania 17120, and will be deemed filed the date of the mailing, as indicated by the postmark date or the date of personal delivery.
(iii) An appeal to the Secretary may include a request for an extension of time within which to comply, a variance, or both, or other relief which is appropriate.
(iv) The Secretary will refer the appeal to the Board, which shall make recommendations to the Secretary.
(v) The government agency or owner, or the owner’s agent, may request a hearing before the Board. If a hearing is requested, the Board will schedule a hearing and notify the government agency or owner, or owner’s agent, and the Department of the date, time and place of the hearing.
(vi) The Board may consider the following factors in making its recommendation with respect to a request for an extension of time, a variance, or other relief which is requested:
(A) The reasonableness of the Department’s regulations as applied in the specific case.
(B) The extent to which an extension of time or a variance will impede access by persons with a physical disability.
(C) The availability of professional or technical personnel needed to come into compliance.
(D) The availability of materials and equipment needed to come into compliance.
(E) The efforts being made to come into compliance as quickly as possible.
(F) Compensatory features which the government agency or owner has incorporated which will provide an equivalent degree of accessibility to persons with physical disabilities.
(vii) The Board, after consideration of a request for an extension of time or a variance or other relief, may recommend that the Secretary:
(A) Deny the request.
(B) Grant the request.
(C) Grant the request upon certain conditions being satisfied.
(D) Grant other relief which is appropriate.
(5) Adjudication of the Secretary. After giving consideration to the guidelines and recommendations of the Board, the Secretary will issue an adjudication in accordance with 2 Pa.C.S. § § 501—508 and 701—704 (relating to the Administrative Agency Law).
(6) Enforcement of orders.
(i) Courts of common pleas. The Department may secure enforcement of its orders or seek other appropriate relief through the appropriate court of common pleas.
(ii) Summary for criminal proceedings. The Department may institute summary criminal proceedings against a government agency or owner who violates the act or this chapter and who fails or refuses to observe orders issued by the Department for enforcement of the act or this chapter. The government agency or owner, or owner’s agent, shall be subject to a fine of not more than $300 for each day that the violation continues.
(7) Judicial review. An individual, partnership, agency, association or corporation aggrieved by a final determination of the Department may file a petition for review within 30 days of the final determination in the Commonwealth Court, under 42 Pa.C.S. § 763(a) (relating to direct appeals from government agencies).
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