[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Pottsgrove 5-12-2004 by Ord. No. 370. Amendments noted where applicable.]
Upper Pottsgrove 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, and its regulations.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401-405, as amended from time to time, is hereby adopted and incorporated herein by reference as the Municipal Building Code of Upper Pottsgrove Township.
Editor's Note: Resolution No. 441, adopted 3-9-2005, adopted various design criteria and appendices. Said resolution is on file in the Township offices.
Administration and enforcement of the Code within Upper Pottsgrove Township shall be undertaken in any of the following ways as determined by Upper Pottsgrove Township Board of Commissioners from time to time by resolution:
By the designation of an employee of Upper Pottsgrove Township to serve as the Municipal Code Official to act on behalf of Upper Pottsgrove Township;
By the retention of one or more construction code officials or third-party agencies to act on behalf of Upper Pottsgrove Township;
By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement;
By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of Upper Pottsgrove Township;
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.
[Added 4-13-2005 by Ord. No. 380; amended 7-27-2005 by Ord. No. 384]
In addition to all types of construction, placement of structures, repairs and alterations for which the Uniform Construction Code requires a permit, the Township, pursuant to the authorization of Act 92 of 2004, shall require persons to obtain permits under the Upper Pottsgrove Township Uniform Construction Code for all of the following:
The construction, erection or placement of any accessory structure which is equal to or greater than 200 square feet, whether or not such accessory structure is connected to any utility.
The construction, erection or placement of any accessory structure which is less than 200 square feet if such accessory structure is provided with any utility service. The applicant shall obtain a permit only for the purpose of inspection for the utility or utilities being installed or provided to the accessory structure.
All alterations or repairs to residential buildings which are exempt from the UCC by Act 92 of 2004; provided, however, that the following types of alterations and repairs shall continue to be exempt and no permit will be required.
Replacement of windows and doors when there is no change in the size of the existing opening.
Reroofing of less than 25% of the total existing roof square footage.
Replacement of hot water heater, boiler, or furnace, or the replacement of any part of a hot water heater, boiler or furnace with the same efficiency rating, electrical and plumbing requirements.
Addition or replacement of siding on the exterior of the residential structure.
Repair or replacement of any nonstructural portion of a deck, porch or stoop.
Replacement of an appliance switch or receptacle with a switch or receptacle which is the same or has a like rating.
The addition of one appliance switch or receptacle.
The repair or replacement of any nonstructural member.
The repair or replacement of any sink, toilet, tub, shower, or similar plumbing fixture without relocation of any drain or venting device.
Editor's Note: See 35 P.S. § 7210.104.
A Board of Appeals shall be established by resolution of Upper Pottsgrove Township Board of Commissioners 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.
All building code ordinances or portions of ordinances which were adopted by Upper Pottsgrove 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.
All building code ordinances or portions of ordinances which are in effect as of the effective date of this ordinance and whose requirements are less than the minimum requirements of the code are hereby amended to conform with the comparable provisions of the code.
All relevant ordinances, regulations and policies of Upper Pottsgrove Township not governed by the code shall remain in full force and effect.
Fees assessable by Upper Pottsgrove Township for the administration and enforcement undertaken pursuant to this chapter and the code shall be established by Upper Pottsgrove Township Board of Commissioners by resolution from time to time.
Any person who fails to comply with the provisions of this code or fails to carry out an order made pursuant to this code or who violates any condition attached to a permit, approval or certificate shall, upon conviction thereof, be guilty of a summary offense punishable by a fine of not less than $100 nor more than $1,000. Each day that a violation continues after due notice has been served shall be deemed a separate offense.