Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XIV - Uniform Construction Code › Chapter 403 - ADMINISTRATION › PERMIT AND INSPECTION PROCESS FOR COMMERCIAL CONSTRUCTION › Section 403.43 - Grant, denial and effect of permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A building code official shall grant or
				  deny a permit application, in whole or in part, within 30 business days of the
				  filing date. Reasons for the denial must be in writing, identifying the
				  elements of the application which are not in compliance with the relevant
				  provisions of the Uniform Construction Code and ordinance as appropriate and
				  providing a citation to the relevant provisions of the Uniform Construction
				  Code and ordinance as appropriate, and sent to the applicant. The building code
				  official and the permit applicant may agree in writing to extend the deadline
				  by a specific number of days. A building code official may establish a
				  different deadline to consider applications for a permit in an historic
				  district.
(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 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.
(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 permit holder 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).
(j) A board of appeals may not rule on
				  requests for extensions of time, variances or appeals relating to this
				  chapter's accessibility requirements. The Secretary has the exclusive power to
				  grant modifications and extensions of time and decide issues of technical
				  infeasibility under §
										403.142 (relating to Accessibility
				  Advisory Board)
(k) A building code
				  official may allow deferred submittals of portions of the design of the
				  building and structure from the time of the application until a specified time
				  set by the building code official. All of the following apply to deferred
				  submittals:
(1) The building code official
				  shall provide prior approval of the deferral of any submittal items.
(2) A licensed architect or professional
				  engineer in responsible charge shall list the deferred submittals on the
				  construction documents for review by the building code official.
(3) A licensed architect or professional
				  engineer shall first review submittal documents for deferred submittal items
				  and place a notation on the documents that the architect or engineer reviewed
				  the documents and that the documents are in general conformance with the design
				  of the building or structure.
(4)
				  Deferred submittal items may not be installed until the building code official
				  approves the design and submittal documents for the deferred submittal
				  items.