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DEPARTMENT OF LABOR & INDUSTRY

AMP

BUREAU OF OCCUPATIONAL & INDUSTRIAL SAFETY

July 30, 2015

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:

File

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pennsyLvania
DEPARTMENT OF LABOR & INDUSTRY
BUREAU OF OCCUPATIONAL & INDUSTRIAL SAFETY

July 30, 2015

Ms. Sara Gellatly, Manager
Borough of Steelton
123 North Front Street
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.
Equal Opportunity Employer/Program

Thank you for your attention to this matter.

Ron F. Englar, BCO

UCC Field Operations Manager
cc:

File
T. Acri, Mayor, Borough of Steelton
J. Wright, President, Borough of Steelton
W. Shrauder, BCO, Borough of Steelton

Pennsylvania
DEPARTMENT OF LABOR & INDUSTRY
BUREAU OF OCCUPATIONAL & INDUSTRIAL SAFETY

July 30, 2015

Mr. John King, Police Chief
Borough of Steelton
123 North Front Street
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.
Equal Opportunity Employer/Program

Thank you for your attention to this matter.

Ron F. Englar, BCO

UCC Field Operations Manager
cc:

File
T. Acri, Mayor, Borough of Steelton
3. Wright, President, Borough of Steelton
W. Shrauder, BCO, Borough of Steelton