Township of Allegheny, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Allegheny 6-14-2004 by Ord. No. 9-2004. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 77.
Fire prevention and safety — See Ch. 118.
Floodplain management — See Ch. 122.
Subdivision and land development — See Ch. 223.
Zoning — See Ch. 250.

§ 89-1 Adoption of building code.

The Township of Allegheny hereby adopts the Uniform Construction Code (hereinafter referred to as "code"), as designated and defined by the Pennsylvania Construction Code Act (hereinafter referred to as "act"), as amended and supplemented, and the regulations promulgated by the Department of Labor and Industry hereunder (hereinafter referred to as "regulations"), as amended and supplemented from time to time, as provided in the act and regulations. The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401 to 405, as amended from time to time, consists of the following:
A. 
The International Building Code 2003, Chapters 2-29 and 31-35 (first printing).
B. 
The ICC Electrical Code - Administrative Provisions 2003 (first printing).
C. 
The International Mechanical Code 2003 (first printing).
D. 
The International Fuel Gas Code 2003 (first printing).
E. 
The International Plumbing Code 2003 (first printing).
F. 
The International Residential Code 2003 (first printing).
G. 
The International Fire Code 2003 (first printing).
H. 
The International Energy Conservation Code 2003 (first printing).
I. 
The International Residential Code 2003, Sections AE501-AE503 and AE601 of Appendix E (first printing).
J. 
The International Existing Building Code for Buildings and Facilities 2003 (first printing).
K. 
The International Urban-Wildlife Interface Code 2003 (first printing).

§ 89-2 Administration and enforcement.

The Township of Allegheny hereby elects to administer and enforce the provisions of this Article III, the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210-101 to 7210-1103, as amended from time to time, the regulations promulgated hereunder, and the code.
A. 
Administration and enforcement of the code within the Township of Allegheny shall be undertaken in any of the following ways as determined by appropriate action of the Board of Supervisors of the Township of Allegheny from time to time by adoption of a resolution:
(1) 
Designating an employee of the Township to serve as the municipal code official to act on behalf of the Township;
(2) 
Retaining one or more construction code officials or third-party agencies to act on behalf of the Township;
(3) 
Entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections, and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.
B. 
Administration and enforcement of the Code within the Township of Allegheny may also be undertaken by:
(1) 
Entering into an agreement with one or more municipalities to provide for the joint administration and enforcement of this act by the adoption of an ordinance approving an intermunicipal agreement pursuant to 53 Pa.C.S.A., Chapter 23, Subchapter A, relating to intergovernmental cooperation; or
(2) 
Entering into a contract with another municipality for the administration and enforcement of this act by the adoption of an ordinance approving an intermunicipal agreement pursuant to 53 Pa.C.S.A., Chapter 23, Subchapter A, relating to intergovernmental cooperation.

§ 89-3 Board of Appeals.

A. 
Pursuant to 35 P.S. § 7210.501(c) and 34 Pa. Code § 403.121, the Township of Allegheny hereby establishes a Board of Appeals consisting of three members.
B. 
The composition of the Board of Appeals is governed by the following:
(1) 
All members of the Board of Appeals shall be qualified by training and experience to pass on matters pertaining to building construction. Training and experience may consist of licensure as an architect or engineer, experience in the construction industry, and training or experience as an inspector or plan reviewer.
(2) 
All members of the Board of Appeals hold office at the pleasure of the Township of Allegheny.
(3) 
Members of the Township of Allegheny's governing body and its code administrators may not serve on a Board of Appeals.
(4) 
The Township of Allegheny may fill a position on the Board of Appeals with a qualified person who resides outside of the Township of Allegheny when it cannot find a person within the Township of Allegheny who satisfies the requirements of this section.
C. 
The terms of the members of the Board of Appeals shall be for five years, except that the terms of the initial members of the Board of Appeals shall be staggered so that the term of no more than one member of the Board of Appeals shall expire in any given year.
D. 
The Township of Allegheny may, at any time, establish a Joint Board of Appeals through an intermunicipal agreement pursuant to 53 Pa.C.S.A. §§ 2301 to 2315 (relating to intergovernmental cooperation).

§ 89-4 Effect on other provisions.

All ordinances, resolutions, regulations and policies of the Township of Allegheny not affected, modified or repealed by this chapter, the code, act or regulations shall remain in full force and effect.

§ 89-5 Fees and costs.

The Township of Allegheny hereby imposes and assesses fees and costs for the administration and enforcement of said code, act, regulations, and this chapter, which fees and costs shall be established by the Board of Supervisors of the Township of Allegheny by resolution from time to time.

§ 89-6 Violations and penalties.

Any person, firm or corporation that violates any of the provisions of this chapter, the code, act and/or regulations shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.