[HISTORY: Adopted by the Board of Supervisors of the Township of
Lower Makefield 7-7-2004 by Ord. No. 342.
Amendments noted where applicable.]
Lower Makefield Township hereby elects to administer and enforce the
provisions of the Pennsylvania Construction Code, Act 45 of 1999, 35 P.S.
§§ 7210. 101 through 7210.1103, as amended from time to time,
and its regulations.
The Uniform Construction Code, contained at 34 Pa. Code, Chapters 401
to 405, as amended from time to time, is hereby adopted and incorporated herein
by reference as the Municipal Building Code of Lower Makefield Township.
In accordance with the provisions of Act 45 of 1999, Lower Makefield
Township herein makes the following modification to the Code:
D.
The Code is amended to delete, to the extent permissible,
any exclusion of repairs/nonstructural alterations for homeowners contained
in the Code.
Administration and enforcement of the Code within the Township of Lower
Makefield shall be undertaken in any of the following ways as determined by
the Board of Supervisors, from time to time, by resolution:
A.
By the designation of an employee of the Township to
serve as the Municipal Code Official to act on behalf of the Township;
B.
By the retention of one or more construction code officials
or third-party agencies to act on behalf of the municipality;
C.
By agreement with one or more other municipalities for
the joint administration and enforcement of this Act through an intermunicipal
agreement;
D.
By entering into a contract with another municipality
for the administration and enforcement of this Act on behalf of the Township;
and
E.
By 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.
A Board of Appeals shall be established by resolution of the Board of
Supervisors in conformity with the requirements of the relevant provisions
of the Code, as amended from time to time, and for the purposes set forth
therein. A member of the Board of Appeals must 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. If at any time enforcement and administration is undertaken
jointly with one or more other municipalities, said Board of Appeals shall
be established by joint action of the participating municipalities.
A.
All building code ordinances or portions of ordinances
which were adopted by the Township on or before July 1, 1999, and which equal
or exceed the requirements of this Code shall continue in full force and effect
until such time as such provisions fail to equal or exceed the minimum requirements
of the Code, as amended from time to time.
B.
All building code ordinances or portions of ordinances
which are in effect as of the effective date of this chapter and whose requirements
are less than the minimum requirements of the Code are hereby amended to conform
with the comparable provisions of the Code.
C.
The rescission or preemption does not apply to ordinances
in effect on July 1, 1999, or reenactments of simultaneously repealed ordinances
which were originally adopted before July 1, 1999, which contain
provisions which meet or exceed the Uniform Construction Code under Section
303(b)(l) of the Act, 35 P.S. § 7210.303(b)(1).
Fees assessable by the Board of Supervisors of the Township for the
administration and enforcement undertaken pursuant to this chapter and the
Code shall be established by the Board of Supervisors, by resolution, from
time to time.
