[HISTORY: Adopted by the Board of Supervisors of the Township
of Nockamixon as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-15-2004 by Ord. No. 117]
Subject to the provisions of this article and applicable law,
Nockamixon Township hereby elects to administer and enforce the provisions
of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S.
§§ 7210.101-7210.1103, as amended from time to time
(the "Act"), and the regulations promulgated thereunder.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401-405, as amended from time to time (the "code"), is hereby adopted
and incorporated herein by reference as the municipal building code
of Nockamixon Township.
Administration and enforcement of the code within Nockamixon
Township shall be undertaken in any of the following ways as determined
by the Nockamixon Township Board of Supervisors from time to time
by resolution:
A.
By designating an employee of Nockamixon Township to serve as the
municipal code official to act on behalf of Nockamixon Township.
B.
By retaining of one or more construction code officials or third
party agencies to act on behalf of Nockamixon Township.
C.
By agreeing with one or more municipalities for the joint administration
and enforcement of the Act and the code through an intermunicipal
agreement.
D.
By entering into a contract with another municipality for the administration
and enforcement of the Act and the code on behalf of Nockamixon Township.
A.
Creation of Appeals Board. A Building Code Board of Appeals (the
"Board of Appeals") is established in conformity with the requirements
of the Act and the code. The Board of Appeals shall hear and rule
on appeals, requests for variances and requests for extensions of
time arising under the code.
B.
Appointment of members. The Board of Appeals shall consist of no
fewer than three and no more than five members appointed by the Board
of Supervisors. The Board of Supervisors shall appoint the initial
Board of Appeals members to terms of varying length to establish staggered
terms. After the initial appointments, each new member shall serve
for five years or until a successor has been appointed.
C.
Qualifications of members. The members of the Board of Appeals shall,
in the discretion of the Nockamixon Township Board of Supervisors,
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,
or training or experience as an inspector or plan reviewer. No member
of the Board of Supervisors nor any code inspector employed by Nockamixon
Township may serve on the Board of Appeals. If the Board of Supervisors
is unable to find a sufficient number of qualified individuals who
reside within Nockamixon Township, it may appoint a qualified person(s)
who resides outside of Nockamixon Township to fill a position.
D.
Alternate members. The Board of Supervisors may appoint up to two
alternate members who may be called by the Chair of the Board of Appeals
to hear appeals in the event of the absence or disqualification of
a member. Alternate members shall possess the qualifications required
for membership, and shall be appointed for five years or until a successor
has been appointed.
E.
Intergovernmental cooperation. If at any time enforcement and administration
is undertaken jointly with one or more other, municipalities, the
Board of Supervisors is hereby authorized to enter into an intergovernmental
cooperation agreement with one or more municipalities to create a
Board of Appeals.
F.
Chairperson and secretary. The Board of Appeals shall annually select
one of its members to serve as Chair and Secretary. The Secretary
of the Board of Appeals shall file a detailed record of all proceedings
with the Township.
G.
Disqualification of member. No member of the Board of Appeals may
hear an appeal in which that member has any personal, professional
or financial interest.
H.
Operation of Board of Appeals. The procedure for conducting hearings
and notices of hearings shall be established by resolution of the
Board of Supervisors and shall be consistent with Act, the code and
all other applicable laws and regulations.
All building code ordinances or portions of ordinances which
were adopted by Nockamixon Township on or before July 1, 1999, and
which equal or exceed the requirements of the 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. Nockamixon Township has no such ordinances.
All building code ordinances or portions of ordinances, including
without limitation Ord. No. 104 enacted on November 18, 2001, which
either (A) exceed the minimum requirements of the code but were enacted
after July 1, 1999; or (B) 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 and/or repealed to conform to the
comparable provisions of the code and the Act.
In accordance with § 403.102(1) of the code, Nockamixon
Township, by virtue of its election to enforce and administer the
provisions of the code and the Act within Nockamixon Township, hereby
amends the provisions of the code identified below as set forth in
Schedule A attached hereto. The provisions of Schedule A attached
to this article shall control over the corresponding provisions of
the code. Section 403.102(1) of the code allows the following provisions
of the code to be amended:
A.
Section 403.42(b) and (c) (relating to permit requirements and exemptions).
B.
Section 403.42a(a)-(e) and (g)-(n) (relating to permit application).
C.
Section 403.43(b), (c), (g), (h) and (k) (relating to grant, denial
and effect of permits).
D.
Section 403.44 (relating to alternative construction material and
methods).
E.
Section 403.45 (relating to inspections).
F.
Section 403.46 (relating to certificate of occupancy).
G.
Section 403.47 (relating to public utility connections).
H.
Section 403.62(a)-(e) (relating to permit requirements and exemptions).
I.
Section 403.64 (relating to inspections).
J.
Section 403.65 (relating to certificates of occupancy).
K.
Section 403.66 (relating to public utility connections).
L.
Section 403.81(a) and (b) (relating to stop work order).
M.
Section 403.82 (relating to notice of violations).
N.
Section 403.83 (relating to order to show cause/order to vacate).
O.
Section 403.84(a)-(e) (relating to unsafe building structure or equipment).
P.
Section 403.85(a)-(c) (relating to release, retention and sharing
of commercial construction records).
[Amended 9-21-2004 by Ord. No. 118]
Nockamixon Township may enact construction standards that exceed
the minimum requirements of the code in accordance with the provisions
and procedures set forth in the Act and the code.
A.
In accordance with § 503.C of the Pennsylvania Construction
Code Act, as amended, the provisions of the code, this article and
Schedule A as adopted by Nockamixon Township do not apply to utility
and miscellaneous use structures that have a building area of less
than 500 square feet. Utility and miscellaneous use structures equaling
or exceeding 500 square feet in building area must comply with the
provisions of the code, this article and Schedule A.
The Nockamixon Township Board of Supervisors may by resolution
adopted from time to time prescribe reasonable fees for the administration
and enforcement of the code undertaken pursuant to this article and
the code.
