[Adopted 4-22-2004 by Ord. No. 33-K-1A (Ch. 5, Part 7, of the 1995 Code)]
A. This Township hereby elects to administer and enforce
the provisions of the Pennsylvania Construction Code Act, Act 45 of
1999, 35 P.S. §§ 7210.101 to 7210.1103, as amended
from time to time, and its regulations.
B. The Uniform Construction Code, contained in 34 Pennsylvania
Code, Chapters 401 through 405, as amended from time to time, is hereby
adopted and incorporated herein by reference as the municipal Building
Code of this Township.
C. Administration and enforcement of the code within
this Township shall be undertaken in any of the following ways, as
determined by the Board of Commissioners of this Township from time
to time by resolution.
(1) By the designation of an employee of the Township
to serve as the Township Code Official to act on behalf of the Township.
(2) By the retention of one or more construction code
officials or third-party agencies to act on behalf of the Township.
(3) By agreement with one or more other municipalities
for the joint administration and enforcement of this act through an
intermunicipal agreement.
(4) By entering into a contract with another municipality
for the administration and enforcement of this act on behalf of this
Township.
(5) 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.
D. A board of appeals shall be established by resolution
of the Board of Commissioners of this Township 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. 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.
E. Prior enactments.
(1) All building code ordinances or portions of ordinances
which were adopted by this 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.
(2) 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.
(3) All relevant ordinances, regulations and policies
of this Township not governed by the code shall remain in full force
and effect.
F. Fees assessable by the Township for the administration
and enforcement undertaken pursuant to this article and the code shall
be established by the Board of Commissioners by resolution from time
to time.
The following portions of the Pennsylvania Construction
Code are hereby changed, supplemented and revised as follows.
A. Delete § 403.42(b), and substitute therefor
the following section:
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403.42(b) When approved by the
Code Official, emergency repairs or replacement of equipment may be
made without first applying for a permit if a permit application is
submitted to the Building Code Official within one business day of
the repair.
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B. Section 403.42C(1)(vi) is changed to read as follows:
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(vi) Painting, papering and tiling.
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Delete: "carpeting, cabinets, countertops and
similar finishing work."
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C. Delete § 403.42C(1)(vii).
D. Delete § 403.42C(1)(xii).
E. Delete § 403.42C(1)(xiii).
H. Section 403.43(g) is changed to read as follows in
the last sentence:
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"No more than five years" shall be deleted and
"no more than two years" shall be inserted.
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I. Delete § 403.62(b), and substitute therefor
the following section:
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403.62(b) When approved by the
Code Official, emergency repairs or replacement of equipment may be
made without first applying for a permit if a permit application is
submitted to the Building Code Official within one business day of
the repair.
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J. Section 403.62(C)(1)(v) is changed to read as follows:
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Delete the word "cabinets" from the sentence.
To read: "(v) exterior or interior painting, tiling, carpeting, flooring,
countertops and similar finishing work."
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K. Delete § 403.62(C)(1)(xvii).
L. Add a new § 403.82(4) to read as follows:
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403.82(a)(4) Any person who shall
violate a provision of this code or shall fail to comply with any
of the requirements thereof or who shall erect, construct, alter or
repair a building or structure in violation of an approved plan or
directive of the Code Official, or of a permit or use and occupancy
permit issued under the provisions of this code, shall be guilty of
a summary offense punishable by a fine of not less than $100 or more
than $1,000 and costs and, upon default of the payment of the fine
and cost, imprisonment not exceeding 30 days. Each day that a violation
continues shall be deemed a separate offense.
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M. Add a new § 403.121(h) to read as follows:
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403.121(h) The Board of Commissioners
of Lower Pottsgrove Township established and created a Construction
Code Board of Appeals in accordance with the legal authority contained
in statute, regulation, and the applicable construction codes. [Amended 4-22-2004 by Res. No. 575; 11-22-2005 by Res. No. 633]
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