§ 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).
Cross References This section cited in 34 Pa. Code § 403.82 (relating to notice of violations); and 34 Pa. Code § 403.102 (relating to municipalities electing to enforce the Uniform Construction Code).
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