[HISTORY: Adopted by the Board of Supervisors of the Township of
Brighton 4-12-2004 by Ord. No. 136.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 79.
Floodplain management — See Ch. 100.
Housing — See Ch. 108.
Property maintenance — See Ch. 148.
Sewers — See Ch. 160.
Subdivision and land development — See Ch. 180.
Zoning — See Ch. 195.
[1]
Editor’s Note: This ordinance also repealed former Ch. 85, Construction
Codes, Uniform, adopted 5-13-2002 by Ord. No. 123.
B.
The Uniform Construction Code, contained in 34 Pa. Code,
Chapters 401 through 405, as amended from time to time, is hereby
adopted as the building code for the Township of Brighton, Beaver County,
Pennsylvania, including all codes and regulations hereafter adopted by the
Department of Labor and Industry as a part of the Uniform Construction Code.[2] All such codes and regulations are incorporated herein by reference
to the same extent as if they were fully set forth herein.
[2]
Editor’s Note: Act 92, adopted 7-15-2004 by the Pennsylvania
Legislature, amended the Pennsylvania Construction Code to exempt utility
and miscellaneous use structures having a building area of less than 1,000
square feet unless an ordinance is adopted to the contrary. Pursuant to said
Act 92, the Board of Supervisors adopted Ord. No. 137 on 11-4-2004 to provide
that the Pennsylvania Construction Code as administered by the Township of
Brighton shall be applicable to utility and miscellaneous use structures having
a building area of 500 square feet or more.
The administration and enforcement of this chapter shall be in accordance
with Sections 501 and 502 of Act 45 of 1999 and the Uniform Construction Code
as implemented by the Pennsylvania Department of Labor and Industry.
A.
The Middle Department Inspection Agency, Inc is hereby
designated as the building code official, which designation may be changed
by resolution of the Board of Supervisors of the Township of Brighton.
B.
The code administrator for the Township of Brighton shall
be the Middle Department Inspection Agency, Inc., which agency shall be certified
by the Pennsylvania Department of Labor and Industry. The code administrator
may be changed by resolution of the Board of Supervisors of the Township of
Brighton.
A.
It shall be the responsibility of the code administrator
to issue all permits for the construction, alteration, repair, demolition,
location, maintenance or installation of and/or relating to a building, structure,
elevator or equipment under the Uniform Construction Code.
B.
It shall be the responsibility of the building code official
to collect all fees prescribed by this chapter and to supervise, manage and
enforce the Uniform Construction Code.
C.
All permit fees shall be assessed for work governed by
the Uniform Construction Code in accordance with the schedule of fees attached
hereto, made a part hereof and marked Exhibit A,[1] which may be amended from time to time by resolution of the Board
of Supervisors of Brighton Township.
[1]
Editor's Note: Exhibit A is on file in the Township offices.
B.
The membership of the Board of Appeals shall be as provided
in Section 403.121 of the regulations promulgated by the Pennsylvania Department
of Labor and Industry and as those regulations may be amended from time to
time.
C.
The members of the Board of Appeals shall be compensated
for travel and other necessary expenses and, in addition, shall be paid such
per diem allowance for each day of their service in the performance of their
duties as shall be established by resolution of the Board of Supervisors of
Brighton Township.
A.
Should an inspection reveal a violation of the Uniform
Construction Code, the building code official and the code administrator shall
discuss the inspection results with the owner or owner's representative
at the completion of the inspection.
B.
The building code official shall issue a written notice
of violations to the owner or owner's agent. The notice shall contain
a description of the violations and an order requiring correction of the violations
within a reasonable period determined by the building code official.
C.
After the compliance date contained in the order, the
building code official or his designee shall inspect the building, structure
or equipment to determine whether the violation was corrected. The building
code official shall close the order if the violation was corrected; the building
code official may issue an order to show cause under Regulation 403.83 to
the owner for a violation that was not corrected.
A.
A building code official may initiate action to vacate
or close a building or structure or place equipment out of operation for violations
of the Uniform Construction Code by issuing an order to show cause to the
owner of the building or structure or equipment.
B.
The order to show cause shall contain a statement of
the grounds for the action, the alleged violations of the Uniform Construction
Code, and notification that the building or structure may be closed or vacated,
or equipment placed out of operation. The order to show cause shall contain
notification that the owner shall submit a written answer within 30 days.
The building code official shall serve the order to show cause upon the owner
or owner's agent by certified mail or in person.
C.
The owner or owner's agent may file a written answer
to the order to show cause with the building code official within 30 days
following service of the order to show cause. The answer shall contain specific
admissions or denials of the allegations contained in the order to show cause
and shall set forth the specific facts, matters of law, or Uniform Construction
Code interpretation relied upon by the owner. The answer may contain a request
for a variance or an extension of time for compliance. The building code official
shall forward all requests for variances, extensions of time or issues regarding
interpretations of the Uniform Construction Code to the Board of Appeals within
5 business days of service of the order to show cause.
D.
The Board of Appeals shall assume jurisdiction and consolidate
the answer with a pending request for variance or extension of time, or appeal
filed by the owner with the Board of Appeals. The building code official shall
consider the pending request for variance or extension of time, or appeal
as a stay to an enforcement action.
E.
After receipt of the answer, the building code official
may take the following actions if the owner did not previously file an appeal
or request for a variance or extension of time:
F.
The building code official shall inspect the construction
at the expiration of an extension of time or other time period granted for
compliance under this section. If the building, structure or equipment violates
the Uniform Construction Code following inspection, the building code official
may issue an order vacating or closing the building or structure or placing
equipment out of operation. The building code official shall serve this order
upon the owner or owner's agent by certified mail or personal service.
A.
The building code official may issue a written stop-work
order when he determines that construction work violates the Uniform Construction
Code or is being performed in a dangerous or unsafe manner. The stop-work
order shall contain the reasons for the order and list the required conditions
for construction work to resume.
B.
The building code official shall serve the stop work
order on the permit owner or the owner's agent by certified mail or in
person.
C.
A person who continues construction work after service
of a stop-work order, except for construction work that is necessary to remove
a violation or an unsafe condition, may be subject to the penalties under
Section 903 of Act 45 of 1999.[1] The building code official may seek enforcement of a stop work
order in a court of competent jurisdiction.
[1]
Editor's Note: See 35 P.S. § 7210.903.
