Labor and Industry Letter to Steelton BCO and Former BCO

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    pennsylvania

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    DEPARTMENT OF LABOR INDUSTRY

    B U R E A U OF OC C U P A TION A L I N D U S TR IA L S A FE TY

    July 30, 2015

    Mr. Willis Shrauder

    BCO Borough Steelton

    123 North Front Street

    Steelton, PA 17113

    i e

    N

    Dear Mr. Shrauder:

    My office received information regarding improper enforcement of the Pennsylvania

    Construction Code Act (PCCA) (P.L. 491, 35 P.S. §7210.101 et. seq.) or the Uniform

    Construction Code (UCC) in Steelton Borough, Dauphin County. As a result, the Department

    conducted an investigation under the authority of Section 105(a) of the PCCA and §403.104 of

    the UCC.

    Our investigation revealed several building permits issued by uncertified individuals, as

    well as a lack of inspections being performed as required by the UCC on both residential and

    commercial properties.

    I have attached letters outlining our findings and results of our investigation. Additionally,

    attached is a list of permits issued by the Borough between March 9, 2015 and July 6, 2015, the

    time which the previous Building Code Official's (BCO) certifications were expired, or she had

    concluded her employment with the Borough. The Department requires that you review this list

    and determine which of those projects needed a UCC building permit based on the UCC and

    Steelton Borough's UCC amendments. A follow-up inspection must be conducted on each of

    these projects to determine compliance with the UCC. Furthermore, the Department needs to be

    notified periodically of your progress until you have completed this task.

    Please consider this letter a reminder that as the designated Building Code Official you are

    responsible for the management, supervision and administration of the UCC in Steelton Borough.

    Although the purpose of this letter is to educate you on what was discovered, it should be taken

    seriously and you should work to ensure compliance with the UCC.

    Thank you for your cooperation in this matter. Should you have any questions regarding

    this report, please do not hesitate to contact my office at (717) 787-1291.

    °°° 

    R

    Ron F. Englar, BCO

    UCC Field Operations Manager

    cc:

    ile

    T. Acri, Mayor, Borough of Steelton

    J. Wright, President, Borough of Steelton

    Bureau of Occupational & Industrial Safety 1 UCC Inspection Division

    651 Boas Street, Room 1624 1 Harrisburg, PA 17121 717.787.12911F 717.346.12331 www dli.state.paus

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

    Equal Opportunity Employer/Program

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    pennsylvania

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    DEPARTMENT OF LABOR INDUSTRY

    BUREAU OF OCCUPATIONAL INDUSTRIAL SAFETY

    Certification

    07/30/15 UCH

    Ms. Sylvie A. Zell

    6816 Fishing Creek Valley Road

    Harrisburg, PA 17112

    Re: Complaint Investigation

    Steelton Borough

    Steelton, PA

    Dear Ms. Zell:

    Under authority of Section 105(a) of the Pennsylvania Construction Code

    Act (PCCA) (P.L. 491, 35 P.S. §7210.101 et. seq.) and in accordance with Section

    403.104 of the Uniform Construction Code (UCC), the Department performed an

    investigation concerning the enforcement and administration of the UCC

    in Steelton Borough, Dauphin County.

    The following issues were found regarding the enforcement and

    administration of the Uniform Construction Code when you were the Building

    Code Official for Steelton Borough:

    Finding No 1:

    You managed, supervised, and administered building

    code enforcement activities in Steelton Borough after your certification

    expired on March 9, 2015 and until you were no longer employed by the

    municipality.

    § 401 3 Certification required

    (a) A person may not perform a plan review of construction documents,

    inspect construction or equipment, or administer and enforce the Uniform

    Construction Code without being currently certified or registered by the

    Department in the category applicable to the work that is to be performed.

    § 401 7 Certification category specifications

    (18) Building code official.

    (i) Manages, supervises and administers building code enforcement

    activities. The Department, municipality or a third-party agency that

    operates an enforcement program under the act will employ at least

    one person certified or registered as a building code official.

    Bureau of Occupational & Industrial Safety I UCC Inspection Division

    651 Boas Street, Room 1624 1 Harrisburg, PA 17121 1 717.787.12911F 717.346.12331 www.dli.state.pa.us

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

    Equal Opportunity Employer/Program

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    Certification

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    Page 2

    07/30/15 UCH

    (ii) Duties include management of building code enforcement

    activities, supervision of building inspectors or plans examiners,

    issuing building permits, occupancy permits, notice of violations and

    orders to vacate, and initiation of prosecutions.

    Finding No. 2:

    A building permit ( 02161) was granted to Arcelor Mittal,

    and the plans in the file were not stamped or notated. There is no record

    that the plans were reviewed.

    § 403.43. Grant denial and effect of permits.

    (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 permit holder shall

    keep a copy of the construction documents at the work site open to

    inspection by the construction code official or an authorized representative.

    Finding No. 3:

    The work commenced on permit 02161, and you failed

    to provide a construction code official to perform inspections ensuring the

    construction complies with the approved permit and the UCC.

    § 403.45. Inspections.

    (a) A construction code official shall perform inspections to insure that the

    construction complies with the approved permit and the Uniform

    Construction Code.

    Finding No. 4: There are no inspection reports or approved plans

    maintained for permit 02161.

    § 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.

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    Certification

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    This letter serves as formal warning concerning serious deficiencies in the

    performance of your duties as a Building Code Official. It will be added to your

    UCC certification file. Should actions of this nature continue we may initiate

    enforcement action that could result in refusal to renew your building code official

    certification.

    Should you have any questions regarding this report, please do not hesitate

    to contact my office at (717) 787-1291.

    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