Section 49.16. Enforcement of final order after Board action  


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  • (a) If the Board has denied the request for an extension of time or a variance, the Department may seek to enforce the final order of the Department in accordance with section 12 or 13 of the act or both (35 P. S. § 1232 or § 1233).

    (b) If the Board has granted the request for an extension of time, the Department will reinspect the building at the expiration of the extension of time to determine whether compliance has occurred. Following the reinspection the Department will close its order (in case of compliance) or may proceed in accordance with section 12 or 13 of the act or both, in case of noncompliance.

    (c) If the Board has granted the request for a variance, the Department will close its order relative to the item on which the variance was granted.

    (d) If the Board has granted the request for an extension of time or a variance upon certain conditions being satisfied, the Department will reinspect the building at the appropriate time to determine whether compliance has occurred. Following the inspection, the Department will close its order, in case of compliance, or may proceed in accordance with section 12 or 13 of the act or both, in case of noncompliance.

The provisions of this § 49.16 adopted May 18, 1984, effective May 19, 1984, 14 Pa.B. 1765.