[HISTORY: Adopted by the Board of Supervisors of the Township of Polk as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-10-2004 by Ord. No. 2004-02]
Pursuant to the authority of Chapter 5, Section 501(a)(1) of Act 45 of 1999 of the General Assembly of Pennsylvania,[1] municipalities, such as Polk Township, may adopt the Pennsylvania Uniform Construction Code and incorporate such code by reference. Pursuant to the authority of Chapter 5, Section 501(a)(1), Polk Township hereby adopts the provisions of the Codes set forth in Act 45 of 1999 as the Polk Township Uniform Construction Code Ordinance of 2004.
[1]
Editor's Note: See 35 P.S. § 7210.501(a)(1).
A. 
Pursuant to the authority of Chapter 5, Section 501(b)(1) of Act 45 of 1999 of the General Assembly of Pennsylvania, municipalities, such as Polk Township, may administer and enforce the Uniform Construction Code in any of the following ways:
(1) 
By the designation of an employee to serve as the municipal code official to act on behalf of the municipality for administration and enforcement of this Act.
(2) 
By the retention of one or more construction code officials or third-party agencies to act on behalf of the municipality for administration and enforcement of this Act.
(3) 
Two or more municipalities may provide for the joint administration and enforcement of this act through an intermunicipal agreement under 53 Pa.C.S.A. Ch. 23 Subch. A (relating to intergovernmental cooperation).
(4) 
By entering into a contract with the proper authorities of another municipality for the administration and enforcement of this Act. When such a contract has been entered into, the municipal code official shall have all the powers and authority conferred by law in the municipality which has contracted to secure such services.
(5) 
By entering into an agreement with the department for plan reviews, inspections and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.
B. 
Pursuant to the Authority of Chapter 5, Section 501(b)(1) of Act 45 of 1999, Polk Township hereby elects to enforce the provisions of Act 45 of 1999 in any manner authorized thereunder.
As Polk Township hereby adopts this article for the administration and enforcement of the Uniform Construction Code, pursuant to the authority of Chapter 5, Section 501(c)(1) of Act 45 of 1999, either Polk Township or, if Polk Township enters into an agreement with other municipalities as authorized under Chapter 5, Section 501(b)(1), Polk Township along with any municipalities which are parties to an agreement for the joint administration and enforcement of this Act, will establish a Board of Appeals as provided by Chapter 1 of the 1999 BOCA National Building Code, 14th Edition, to hear appeals from decisions of the code administrator.
Polk Township is hereby authorized to enact and establish a Building Code inspection and compliance fee schedule and enact subsequent amendments to such fee schedule by resolution. Violations and penalties for a violation of the Uniform Construction Code shall be in accordance with Chapter 9, Section 903 of Act 45 of 1999.[1]
[1]
Editor's Note: See 35 P.S. § 7210.903.
In the event that any provision, section, sentence, or clause of this article shall be held to be unconstitutional, such invalidity shall not affect or impair any remaining part of this article, or other Township ordinances, it being the intent of the Township that such remainder shall be and shall remain in full force and effect. Except as amended hereby, all provisions of Chapter 400, Zoning, Chapter 345, Subdivision and Land Development, or other Township ordinances shall remain in full force and effect. However, the provisions of any other existing Township ordinances or parts of Township ordinances in conflict with this article, to the extent of such conflict and no further, are hereby repealed.