steelton cease and desist orders

8/20/2019 Steelton Cease and Desist Orders

http://slidepdf.com/reader/full/steelton-cease-and-desist-orders 1/6

p nnsylmania

D E P A R T M E N T O F L A B O R I N D U S T RY

BUREAU OF OCCUPATIONAL INDUSTRIAL SAFETY

July 30, 2015

MP

Mayor Thomas F. Acri

Borough of Steelton

123 North Front Street

Steelton, PA 17113

Dear Mayor Acri:

The Pennsylvania Department of Labor and Industry (Department) is required under the

Pennsylvania Construction Code Act (PCCA) at 35 P.S. §7210.105(a) to review municipalities,

municipal code officials, and administrators regarding the enforcement and administration of the

PCCA.

The Borough of Steelton has elected to enforce (opt-in) the PCCA and the Uniform

Construction Code (UCC). Municipalities electing to administer and enforce the UCC are

required to retain a building code official (BCO) and construction code officials for UCC

administrative and enforcement activities. The PCCA defines these individuals as follows:

Building code official

A construction code official, or the building code official s

designee, who manages, supervises and administers building code enforcement activities

under §401.7(a)(18) (relating to certification category specifications). Duties include, but

are not limited to: management of building code enforcement activities; supervision of

building inspectors or plan examiners; authorizing issuance of certificates of occupancy;

issuance of building permits, violation notices and orders to vacate; and the initiation of

prosecutions.

Construction code official

An individual certified by the Department in an appropriate

category established under section 701(b) of the act (35 P. S. §7210.701(b)) to perform

plan review of construction documents, inspect construction or administer and enforce

codes and regulations in that category under the act or related acts under section 103 of

the act.

35 P.S. §7210.103.

The Department received information indicating that various UCC enforcement and

administrative activities within the Borough of Steelton may not conform to PCCA and UCC

requirements. Specifically, the Department acquired information indicating that Steelton

Borough no longer had a BCO and that individuals not certified by the Department for UCC

administrative and enforcement activities were issuing building permits and managing building

code enforcement.

Department of Labor Industry I BOIS Administrative Division 1651 Boas Street, Room 1619

Harrisburg, PA 17121

717.346.1549 I Fax 717.214.9534

www.dli.state.va.us

Auxiliary aids and services are available upon request to individuals with disabilities

Equal Opportunity Employer/Program



Under authority of section 105(a) of the PCCA (P.L. 491, 35 P.S. §7210.101 et. seq.) and

in accordance with section 403.104 of the UCC, the Department performed an investigation of

these allegations. Enclosed are the results of the Department s investigation.

If you have any questions regarding this investigation or the duties and responsibilities of

an opt-in municipality, please do not hesitate to contact my office at 717-783-6304.

Very truly yours,

Jennifer L. l3errier

Director -

cc:

ile



pennsy vania

Ar

DE P A RTME NT OF LA B OR I NDUS TRY

B U R E A U OF OC C U P A T I ON A L I N D U S T R I A L S A F E T Y

July 30, 2015

Ms. Sara Gellatly, Manager

Borough of Steelton


Steelton, PA 17113

RE: Cease and Desist Notice

Dear Ms. Gellatly:

Recently the Department of Labor and Industry conducted an investigation

regarding the administrative and enforcement activities of the Uniform Construction

Code (UCC) within the Borough of Steelton. During the course of our investigation, we

discovered that you have been issuing building permits for work that is clearly subject to

the requirements found in the UCC. Additionally, during the time the Borough did not

have a Building Code Official retained or on staff, between April 7 and July 6, 2015.

Twenty-seven permits were issued by uncertified personnel.

Such actions are required to be performed by a building code official under the

Pennsylvania Construction Code Act (PCCA) (35 P.S. §§7210.101-7210.1103) and the

UCC (34 Pa. Code §§401.1-405.43). The PCCA requires that you obtain a certification

as a building code official in order to perform such duties, which you do not have. To

the extent that you are engaging in activities that are covered by the PCCA and UCC,

you are in violation of the law.

A building code official is anyone who manages, supervises, or administers

building code enforcement activities. Their duties and responsibilities include

supervision of building inspectors or plans examiners, issuing building permits,

occupancy permits, notice of violations and orders to vacate, and initiation of

prosecutions. 34 Pa. Code §401.7(18). A person may not administer or enforce the

Uniform Construction Code without being currently certified or registered by the

Department in the category applicable to the work that is being performed. 34 Pa. Code

§401.3(a).

Please consider this letter a formal warning that you are not permitted to engage

in administration and enforcement of the UCC without the appropriate certification. If

the Department determines that you are engaging in these activities, it will pursue legal

action. Should you wish to obtain UCC certification, you may find information on how to

do so on our website at www.dli.state.pa.us

Keyword: Building Codes.

Bureau of Occupational Industrial Safety I UCC Inspection Division

651 Boas Street, Room 1624 I Harrisburg, PA 17121 1717.787.1291 I F 717.346.1233 I www.dli.state.pa.us

Auxiliary aids and services available upon request to individuals with disabilities.




Thank you for your attention to this matter.

Ron F. Englar, BCO

UCC Field Operations Manager

cc: ile

T. Acri, Mayor, Borough of Steelton

J. Wright, President, Borough of Steelton

W. Shrauder, BCO, Borough of Steelton



ennsylvania

DE P A RTME NT OF LA B OR I NDUS TRY

B U R E A U OF OC C U P A T I ON A L I N D U S T R I A L S A F E T Y

July 30, 2015

Mr. John King, Police Chief

Borough of Steelton


Steelton, PA 17113

RE: Cease and Desist Notice

Dear Mr. King:

Recently the Department of Labor and Industry conducted an investigation

regarding the administrative and enforcement activities of the Uniform Construction

Code (UCC) within the Borough of Steelton. During the course of our investigation, we

discovered that you have been issuing building permits for work that is clearly subject to

the requirements found in the UCC. Additionally, during the time the Borough did not

have a Building Code Official retained or on staff, between April 7 and July 6, 2015,. 27

permits were issued by uncertified personnel.

Such actions are required to be performed by a building code official under the

Pennsylvania Construction Code Act (PCCA) (35 P.S. §§7210.101-7210.1103) and the

UCC (34 Pa. Code §§401.1-405.43). The PCCA requires that you obtain a certification

as a building code official in order to perform such duties, which you do not have. To

the extent that you are engaging in activities that are covered by the PCCA and UCC,

you are in violation of the law.

A building code official is anyone who manages, supervises, or administers

building code enforcement activities. Their duties and responsibilities include

supervision of building inspectors or plans examiners, issuing building permits,

occupancy permits, notice of violations and orders to vacate, and initiation of

prosecutions. 34 Pa. Code §401.7(18). A person may not administer or enforce the

Uniform Construction Code without being currently certified or registered by the

Department in the category applicable to the work that is being performed. 34 Pa. Code

§401.3(a).

Please consider this letter a formal warning that you are not permitted to engage

in administration and enforcement of the UCC without the appropriate certification. If

the Department determines that you are engaging in these activities, it will pursue legal

action. Should you wish to obtain UCC certification, you may find information on how to

do so on our website at www.dli.state.pa.us

Keyword: Building Codes.

Bureau of Occupational Industrial Safety I UCC Inspection Division

651 Boas Street, Room 1624 I Harrisburg, PA 17121 I 717.787.1291 I F 717.346.1233 I www.dli.state.pa.us

Auxiliary aids and services available upon request to individuals with disabilities.




Thank you for your attention to this matter.

Ron F. Englar, BCO

UCC Field Operations Manager

cc:

ile

T. Acri, Mayor, Borough of Steelton

3. Wright, President, Borough of Steelton

W. Shrauder, BCO, Borough of Steelton

steelton cease and desist orders

Documents