[HISTORY: Adopted by the Board of Supervisors
of the Township of Allegheny 6-14-2004 by Ord. No. 9-2004. Amendments noted where
applicable.]
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).
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.
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).
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.
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.
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.
