[Adopted 6-22-2004 by Ord. No. 04-04]
Middletown Township hereby elects to administer and enforce
the provisions of the Pennsylvania Construction Code Act, Act 45 of
1999, 35 P.S. §§ 7210.101 through 7210.1103, as amended
from time to time, and its regulations.
On August 12, 2003, the Board of Supervisors passed Ordinance
No. 03-17, which adopted the International Fire Code and all future
editions and amendments by reference, with certain additions, changes
and/or modifications, along with certain codes, standards and promulgated
by the National Fire Protection Association. The adoption of this
article will in no way revoke or replace or amend the provisions of
Ordinance No. 03-17 that are equal to or exceed the minimum requirements
of the Uniform Construction Code. Ordinance No. 03-17 and its subsequent
amendments and future editions, are herein incorporated by reference
into this article and is attached hereto as Exhibit A.[1]
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 Middletown Township.
Administration and enforcement of the code within the Township
of Middletown shall be undertaken in any of the following ways, as
determined by the governing body of this municipality 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;
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
Township 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
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. If at
any time enforcement and administration is undertaken jointly with
one or more other municipalities, said Board of Appeals is 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 article 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)(1)
of the Act, 35 P.S. § 7210.303(b)(1).
D.
All relevant ordinances, regulations and policies of this Township
not governed by the code shall remain in full force and effect, including,
but not limited to, those ordinances and rules or regulations of Middletown
Township for Levittown homes and the policy relating to fire (heat
and smoke) detection and suppression systems. See a copy of the Fire
(Heat and Smoke) Detection and Suppression System Policy attached
hereto as Exhibit B.[1]
[1]
Editor's Note: Exhibit B is on file in the Township offices.
Fees assessable by the Township for the administration and enforcement
undertaken pursuant to this article and the code shall be established
by the governing body by resolution from time to time.
[1]
Editor's Note: Fees for permits involving building, plumbing,
electrical, signs and zoning and all related facilities and equipment
are set forth in the Schedule of Fees on file in the Township Municipal
Building and available to be viewed on the Township's website at www.middletownbucks.org.
