Section 7210.502 - Consideration of applications and inspections(a) Applications for permits and inspections.--(1) Every application for a construction permit for one-family and two-family dwelling units and utility and miscellaneous use structures shall be granted or denied, in whole or in part, within 15 business days of the filing date or, if the drawings have been prepared by design professionals who are licensed or registered under the laws and regulations of this Commonwealth and the application contains a certification by the licensed or registered design professional that the plans meet the applicable standards of the Uniform Construction Code and ordinance as appropriate, within five business days of the filing date. Every application for a certificate of occupancy for one-family and two-family dwelling units and miscellaneous use structures shall be granted or denied, in whole or in part, within five business days, or within ten business days in cities of the first class, after receipt of a final inspection report indicates compliance with the Uniform Construction Code and ordinance as appropriate. All other construction permits shall be granted or denied, in whole or in part, within 30 business days of the filing date. Municipalities may establish different time limits to consider applications for construction permits in historic districts. A code administrator shall review a construction plan of a building permit application upon submission and shall issue a notice of construction plan approval on a building permit application within the periods set forth in this section if the construction plans comply with the Construction Code Act and any other applicable municipal construction code ordinance. The municipality shall also provide a list of all other required permits necessary prior to issuance of the building permit. The municipality will not be liable for the completeness of any list. When a construction plan has been approved, a code administrator shall issue a building permit immediately upon receipt of all other required permits or approvals related to the construction. All revisions or changes to construction plans so approved under this subsection shall necessitate an additional plan review prior to the issuing of the building permit.(2) If an application is denied in whole or in part, the code administrator shall set forth the reasons 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.(3) If the code administrator fails to act on an application for a construction permit for one-family and two-family dwelling units and utility and miscellaneous use structures within the time prescribed, the application shall be deemed approved. The time limits established in this section for permit applications other than one-family and two-family dwellings may be extended upon agreement in writing between the applicant and the municipality for a specific number of additional days.(a.1) Exceptions.--A permit is not required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment under the ownership or control of public service agencies.(b) Highway occupancy permit.--(1) No building permit shall be issued for any property which will require access to a highway under the jurisdiction of the Department of Transportation unless the permit contains a notice that a highway occupancy permit is required pursuant to section 420 of the act of June 1, 1945 (P.L. 1242, No. 428), known as the State Highway Law, before driveway access to a State highway is permitted.(2) The Department of Transportation shall, within 60 days of the date of receipt of an application for a highway occupancy permit:(iii) return the application for additional information or correction to conform with regulations of the Department of Transportation; or(iv) determine that no permit is required, in which case the Department of Transportation shall notify the municipality and applicant in writing.(3)(i) If the Department of Transportation fails to take any action within the 60-day period, the permit shall be deemed to be issued. The permit shall be marked to indicate that access to the State highway shall be only as authorized by a highway occupancy permit.(ii) Notwithstanding the provisions of subparagraph (i), if the highway occupancy permit requires a determination by the United States Department of Transportation, the Pennsylvania Department of Transportation shall have 60 days from the receipt of the determination to take action on the permit or the permit shall be deemed to be issued.(4)(i) Neither the Department of Transportation nor any municipality to which permit-issuing authority has been delegated under section 420 of the State Highway Law shall be liable in damages for any injury to persons or property arising out of the issuance or denial of a driveway permit or for failure to regulate any driveway.(ii) The municipality from which the building permit approval has been requested shall not be held liable for damages to persons or property arising out of the issuance or denial of a driveway permit by the Department of Transportation.(c) Financial interest prohibited.--A code administrator shall not review or approve any plans for or construction of any building or structure in which the code administrator has any financial interest.1999, Nov. 10, P.L. 491, No. 45, § 502. Amended 2006, Nov. 29, P.L. 1440, No. 157, § 3, effective 1/1/2007.