All services pertaining to review and approval of construction plans, UCC applications for permits, inspection of construction, consideration of requests for variances or extensions of time under the UCC, administrative enforcement of the UCC and this Part 3, issuance of a UCC certificate of occupancy, notices to the Township's Zoning Administrator and representation in proceedings before the Board of Appeals and, as witness(es), in civil or criminal enforcement proceedings prosecuted by the Township shall be performed by the building code official(s), construction code official(s) and other persons employed or contracted by the firm retained by the Township under written contract to provide such services. The Township shall not perform any such services itself or through its employees.
The Board of Supervisors, by resolution, is authorized to establish and amend fees and deposits for services provided by the Township in the administration of this Part 3 and matters relating to applications submitted and permits or certificates issued pursuant to this Part 3, and is authorized to specify the time period(s) by which such fees or deposits shall be paid. The Board of Supervisors, by resolution, is authorized to adopt forms for use in administration and enforcement of this Part 3 and to establish and amend rules, regulations and procedures to implement this Part 3.
A. 
Permits for approval of construction under the UCC shall be on such form(s) as are adopted for use by the Board of Supervisors, as may in the future be amended.
B. 
Except as expressly authorized in the UCC or in the administrative regulations governing its implementation, no construction or other activity regulated by the UCC shall be conducted or commence without a permit therefor first being issued.
C. 
A construction permit shall be valid for a period of one year from the date of issuance, provided that construction shall commence within six months after the date of issuance. Upon written request and with good cause shown prior to the deadline for commencement of construction, the building code official, in his or her discretion, may extend the deadline for commencement of construction for a period not exceeding six months. Upon written request and with good cause shown prior to expiration of a permit's term, the Board of Supervisors, in its discretion, may extend the validity of a permit for a period not to exceed one year.
(1) 
An applicant's application for a permit prior to the applicant's being prepared to commence construction shall not constitute good cause.
(2) 
The Board of Supervisors shall have exclusive authority over requests for extension as to permits issued prior to the effective date of this Part 3.
D. 
Permits, applications for permits and actions on permits pertaining solely to repair or replacement of equipment shall be administered as set forth at 34 Pa. Code § 403.1 et seq., as may in the future be amended.
Fees for review and approval of construction plans, inspections, certifications and other services by a third-party firm retained by the Township which are required under the UCC and this Part 3 with respect to regulated construction activity shall be as established in contract(s) entered into between the Township and such firm(s). Such retained firm(s) shall further be entitled to assess fees for additional services (including meetings, additional inspections, proceedings, copies, etc.) required or requested as to particular matters, as authorized by resolution adopted by the Board of Supervisors.
The Board of Supervisors by resolution is authorized to require payment by applicants of deposits to be applied to payment of fees as incurred by the Township and/or the firm(s) retained by the Township for performance of services required by the UCC and this Part 3. Deposit payments in excess of final fees shall be refunded to the payor upon issuance of the final certificate required by the retained firm(s) or the Township, as is applicable.
A. 
Deposits payable to the Township shall be held by the Treasurer in an interest-bearing account restricted to use for payment of fees imposed for services provided by the Township. Interest on such funds shall be retained by the Township.
B. 
Deposits payable to the firm(s) retained by the Township for performance of duties under the UCC shall be payable to said firm(s) and shall be retained by said firm(s) for that specific purpose. Said firm(s) shall be obligated to account to the payor for disposition of said sums. No application for UCC construction permit shall be accepted unless accompanied by payment of the required deposit or fees.
All fees and deposits imposed or required by resolution adopted by the Board of Supervisors and/or under contract with the firm(s) retained by the Township to perform services required by the UCC and this Part 3 shall be payable in full to the proper entity by the date(s) set forth in such resolution(s) and contract.
A. 
No application for a permit, certificate or other service to be provided by the Township shall be accepted unless all fees and deposits required therefor are paid with the application or other request.
B. 
No application for UCC construction permit or construction plan approval shall be accepted or referred to the retained firm(s) unless all fees and deposits required therefor are paid with such application.
C. 
If an initial deposit fund has been or soon will be exhausted, the Township's Zoning Administrator or the retained firm(s), as the case may be, shall have authority to require that the applicant pay one or more additional deposits toward fees for additional services.
D. 
If a fee or deposit due under this Part 3, resolution of the Board of Supervisors or contract with retained firm(s) is not paid in full by the date required therefor, the Township or the retained firm, as the case may be, shall not perform any inspection, review or other service and shall not issue any permit, report or certificate until such time as the required fee or deposit has been paid in full.
The Board of Supervisors is authorized to enter into one or more intermunicipal agreements with other municipalities in Erie County, to provide for enactment of consistent ordinances implementing, administering and enforcing the UCC and for retention by said municipalities of one or more firm(s) to provide plan review, inspection and administrative enforcement services required under the Act and this Part 3.
[Amended 12-19-2023 by Ord. No. 2023-10]
A joint Board of Appeals shall be established in accordance with 35 P.S. § 7210.501(c) and administrative regulations adopted by the Department of Labor and Industry to hear appeals from decisions of the building code official and/or construction code official.
A. 
ECATO Joint Board of Appeals. The Erie County Association of Township Officials ("ECATO") has established a Joint Board of Appeals in accordance with the Act, at 35 P.S. § 7210.501(c), and the Regulations, to hear appeals form decisions of the Building Code official and the Construction Code official. The Township has entered into an Intergovernmental Agreement with ECATO regarding the administration of the Joint Board of Appeals, which is attached and incorporated hereto as Appendix B.[1] The By-Laws governing the administration of the ECATO Joint Board of Appeals are attached and incorporated hereto as Appendix B.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
B. 
The Joint Board of Appeals may not act upon appeals, requests for variance or requests for extension of time which relate to accessibility under the Act. Such appeals or requests shall be filed with the Accessibility Advisory Board under administrative regulations of the Department of Labor and Industry.
C. 
The Joint Board of Appeals may not act upon appeals, requests for variance or requests for extension of time which relate to matters regulated and governed by state laws and Township ordinances other than the UCC, regulations issued pursuant to the UCC ("Regulations") and this Chapter.
A. 
Requests for variance from or for extension of time as to regulations of the UCC shall initially be submitted to the building code or construction code official retained by the Township, who shall make a determination with due regard for requirements and objectives of the UCC, its Regulations on this Chapter.
[Amended 12-19-2023 by Ord. No. 2023-10]
B. 
An owner or agent of the owner may appeal from the decision of the building code or construction code official on a request for variance or request for extension of time or other matter subject to the UCC, its Regulations on this Chapter by filing a petition with the building code official or that official's designee on a form as adopted by the Township.
[Amended 12-19-2023 by Ord. No. 2023-10]
C. 
The postmark date or date of personal service shall establish the filing date of the appeal and request for variance or extension of time.
D. 
An appeal or request for variance or extension of time to the Joint Board of Appeals shall automatically suspend an action to enforce an order to correct until the matter is resolved; provided, that such appeal shall not constitute any basis for the appellant's continuation of unlawful construction or any excuse therefor.
[Amended 12-19-2023 by Ord. No. 2023-10]
E. 
An action pertaining to an unsafe building, structure or equipment or any other matter subject to the building code official's authority at 34 Pa. Code §§ 403.81 through 403.84 shall not be stayed by virtue of an appeal.
F. 
The Joint Board of Appeals shall decide an appeal or request for variance or for extension of time by reviewing documents and written brief or argument, unless the owner requests a hearing. In the event an owner requests a hearing, the owner shall with such request pay all additional fees therefor as are imposed by resolution of the Board of Supervisors.
[Amended 12-19-2023 by Ord. No. 2023-10]
[Amended 12-19-2023 by Ord. No. 2023-10]
A. 
The Joint Board of Appeals shall hold a hearing within 60 days after the date of an applicant's request and payment of required fees therefor unless the applicant has agreed in writing to an extension of time. The Joint Board of Appeals shall notify the owner, the building code official and the respective municipality's Zoning Administrator of the date, time and place of the hearing.
B. 
The Joint Board of Appeals shall hold a hearing within thirty (30) days after the date of an applicant's request and payment of required fees for construction of a one or two family residential building, unless that applicant has agreed in writing to an extension of time. The Joint Board of Appeals shall notify the owner, the Building Code official, and the Township's Zoning Administrator of the date, time, and place of the hearing.
C. 
An application for appeal shall be based on a claim that the true intent of the UCC, its Regulations on this Chapter have been incorrectly interpreted; that the provisions of the UCC, its Regulations on this Chapter do not fully apply; or that an equivalent form of construction is to be used. In considering appeals under this section [which recites Act Section 501(c)(2)[1]], the Board of Appeals shall only consider the following in making its decision:
(1) 
Whether the true intent of the UCC, its Regulations on this Chapter have been correctly interpreted by the building code or construction code official.
(2) 
Whether provisions of the UCC, its Regulations on this Chapter do not apply.
(3) 
Whether an equivalent form of construction is to be used.
[1]
Editor's Note: See 35 P.S. § 7210.501(c)(2).
D. 
The Joint Board of Appeals may consider the following factors when ruling upon a request for extension of time or a request for variance from regulations:
(1) 
The reasonableness of application of the UCCC, its Regulations on this Chapter additional standards to the particular case.
(2) 
The extent to which the granting of a variance or an extension of time will pose a violation of the UCCC, its Regulations on this Chapter or an unsafe condition.
(3) 
The availability of professional or technical personnel needed to come into compliance.
(4) 
The availability of materials and equipment needed to come into compliance.
(5) 
The efforts being made to come into compliance as quickly as possible.
(6) 
Compensatory features that will provide an equivalent degree of protection to the UCC, its Regulations and this Chapter.
E. 
Economic cost shall not furnish justification for granting an appeal or a variance or extension of time.
F. 
In considering an appeal or a request for variance, the Joint Board of Appeals may: deny the request in whole or in part; grant the request in whole or in part; grant the request upon certain conditions being satisfied; or grant other appropriate relief as necessary.
G. 
The Joint Board of Appeals shall provide written notice of its decision to the owner and the building code official. The building code official shall provide a copy of the decision to the Township's Zoning office within seven days after its receipt thereof.
H. 
The Joint Board of Appeals shall provide written notice of its decision to the owner of a one- or two- family residential building and the Building Code official within five (5) days of the date of the hearing. The Building Code official shall provide a copy of said decision to the Township Zoning Administrator within seven (7) days of their receipt thereof.
The Board of Supervisors by resolution may impose fees for appeals. Such fees shall be paid contemporaneously with submission of an appeal petition.
A. 
The firm(s) retained by the Township may by schedule approved by the Board of Supervisors establish fees for additional services required of it in appeals.
B. 
The Board of Supervisors by resolution is authorized to establish fees to be paid to members of the Board of Appeals for services rendered.
C. 
The municipality involved in a proceeding before the Board of Appeals shall be responsible for payment of fees due to board members for such proceeding. Fees established for appeals may include such costs as the Board of Supervisors deems reasonable.
A. 
Any person or entity committing any act(s) prohibited herein (or in the Uniform Construction Code as adopted by this Part 3) shall violate this Part 3 and commit a summary offense.
B. 
Each day that a violation continues shall be considered a separate violation.
C. 
This Part 3 shall be enforced pursuant to the provisions of Chapter 48, Article II, Attorneys' Fees, of the Code of the Township of Millcreek (Ordinance No. 96-9), governing attorney's fees and costs payable in enforcement actions.
D. 
A fine in an amount not more than $1,000 per violation and per day of violation is hereby prescribed for violations of this Part 3. The fine for violations which involve failure or refusal to comply with orders or directives of the building code official shall be in an amount not less than $500 and not more than $1,000 per violation and per day of violation.
E. 
Upon conviction, any person violating any provision of this Part 3 shall be sentenced to pay fines as prescribed in § 29-64D, plus costs and with all attorneys' fees incurred by the Township in the proceeding.
[Amended 2-8-2022 by Ord. No. 2022-2]
Actions to enforce the UCC and/or this Part 3 and actions to enjoin unlawful construction or activities or compel action to remedy violations brought in the Magisterial District Judge Court or Court of Common Pleas of Erie County shall be instituted and prosecuted in the name of the Township. The building code official retained by the Township under contract shall assume responsibility for and assist in prosecution of such actions, including but not limited to filing of complaints and providing testimonial and documentary evidence. If the Township is required to commence an action for enforcement of this Part 3 or for other relief in equity or at law as a consequence of a violation, the Township's Zoning Administrator and Solicitor are authorized to prosecute said actions, and the Township, in addition to fines for violation and other relief, shall be entitled to recover from the violator all costs and all attorney's fees incurred in the proceeding, in accordance with Section 1601(c.1)(1) of the Second Class Township Code, as may in the future be amended,[1] and other ordinances of the Township. The Township's remedies shall be deemed to be cumulative. Election of one remedy shall not foreclose any alternative remedy.
A. 
This section is not intended to modify provisions of the administrative regulations at 34 Pa. Code §§ 403.1 and 403.81 through 403.84, pertaining to authority of the building code official.
[1]
Editor' s Note: See 53 P.S. § 66601(c.1)(1)
Municipal code, zoning and other municipal officers or employees charged with the civil or criminal enforcement of this code, while acting for the municipality and within the scope of their employment, shall not thereby be rendered liable personally, and are hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties.
Building code officials and construction code officials (including inspectors) charged with administration and administrative enforcement of this code, while acting for the retained firm(s) under contract with the Township and within the scope of their employment, shall not thereby be rendered liable personally, and are hereby relieved from personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of such duties.
Notwithstanding the foregoing, the Township shall not be liable for claims, actions, actions or causes of action, demands or expenses of any nature whatsoever arising from performance of plan review, inspection, administration, administrative enforcement, issuance of inspection reports or UCC occupancy certificates or other matters within the scope of duties of the firm(s) retained by the Township for performance of such services. All contracts with firms or persons for performance of such services shall specify that such person(s) or firm(s) shall be independent contractors solely responsible for the proper performance of such services, and that such retained person(s) or firm(s) shall hold the Township harmless against and indemnify the Township for any and all claims, actions, actions or causes of action, demands or expenses of any nature whatsoever arising from performance of plan review, inspection, administration, administrative enforcement, issuance of inspection reports or UCC occupancy certificates or other matters performed under contract with the Township.
This Part 3 is not intended and shall not be interpreted to amend or limit the Township's authority to administer and enforce other ordinances governing development, land use or stormwater management. In the event of a violation of any other Township ordinance in connection with development of land, construction or use which pertains to matters other than construction standards governed by the UCC, the Township shall have full authority to enforce such other ordinances without regard to the owner's compliance with the UCC. Where authorized by such other ordinances, the Township shall issue stop work, cease and desist and other orders necessary to ensure compliance with other regulations, such orders to control when in conflict with regulations of the UCC and this Part 3.
The person(s) or firm(s) retained by the Township under contract to provide services under the UCC and this Part 3 shall retain for the Township and as property of the Township all documents received and generated in performance of its duties, and shall provide to the Zoning Administrator such reports and documents as are required in the contract(s), these to include, at a minimum:
A. 
Written certification of approval of construction plan.
B. 
Copy of site plan after foundation inspection certifying location of all buildings.
C. 
Monthly report of inspections conducted.
D. 
Weekly reports of building activity.
E. 
Decisions of Board of Appeals pertaining to the municipality.
F. 
Final inspection reports.
G. 
UCC certificate of occupancy.
The building code official(s) and construction code official(s) retained under contract with the Township shall not be obligated to perform inspections of construction of improvements other than are subject to the UCC and additional standards of this Part 3. Said retained officials shall, however, provide to the Township, water and sewer authorities and other entities responsible for regulating construction of improvements or connections to water and sewer lines such notices of scheduled inspections and construction status as is deemed necessary by the Township to put such other entities on notice so that they may inspect matters subject to their authority in timely fashion as construction activities proceed.