Gearing, building code officer clash over inspection
Uniontown’s building code official said he was again denied permission to inspect the Fayette Building, but building owner, city Councilman Gary Gearing, said the inspection would have been improper and he is being unfairly targeted for enforcement. John Over of K2 Engineering of Uniontown, the city’s building code firm, reported at Wednesday’s council meeting that Gearing wouldn’t allow him to inspect the building for the third time.
The inspection is required for Gearing to maintain his building’s eligibility for the state’s Keystone Opportunity Zone (KOZ), Over said.
The KOZ program exempts property owners from paying most taxes including real estate taxes for 10 years to lure businesses to those properties. The Fayette Building, which has offices in the lower floors and apartments in the upper levels, has been in the KOZ since May 2003.
Over said he had records of code violations dating to 2006 and 2007, and he would file charges against Gearing if he didn’t allow the inspection.
Gearing said code violations found in past inspections were fixed when they were discovered and there is no record or file of violations in the building.
He said he would not be allowed to remain in the KOZ program if his building contained code violations.
There are other problems with Over’s call for an inspection, Gearing said.
“We don’t have code enforcement by ordinance,” Gearing said, adding that he did show Over the common areas in the building.
He said he would have allowed property maintenance code enforcement officer Mark Pasquale to perform the inspection, but Over wouldn’t let him, and he had questions about how much Over would charge for the inspection.
In the past, city property inspectors working under the direction of then-fire chief and code enforcement officer Myron Nypaver conducted the inspections and the city has not had a trained code enforcement officer since Nypaver was terminated from the position, Gearing said Thursday.
He said Nypaver’s inspectors used to inspect every high-rise building in the city annually.
The state Labor Relations Board recently ruled that that the city has to reinstate Nypaver as fire chief and head code enforcement officer.
Council demoted him to assistant chief and terminated him as code enforcement officer in January 2009.
Over said the city hired his firm as the building code official and that job includes enforcing the International Property Maintenance Code and Pasquale calls him when he thinks a building needs an inspection.
He said he would not charge for the inspection.
Gearing said he has submitted his KOZ paperwork to Fay-Penn Economic Development Council. Fay-Penn oversees the KOZ program in Fayette County.