[Amended 4-5-2007 by Ord. No. 04-2007]
East Brandywine 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, now referred to as the "Uniform Construction Code,"
as supplemented by its regulations and enacted by this article.
The Uniform Construction Code, set forth in
34 Pa. Code, Chapters 401, 403, and 405, as amended from time to time,
is hereby adopted and incorporated herein by reference as the municipal
building code of East Brandywine Township and shall be known as the
"East Brandywine Township Building Code of 2004" (the "Building Code").
Administration and enforcement of the Building
Code within East Brandywine Township shall be undertaken in any of
the following ways as determined by the Township Board of Supervisors
from time to time by resolution:
A. By the designation of an employee of the Township
to serve as the municipal code official to act on behalf of the Township;
B. By the retention of one or more construction code
officials or third-party agencies to act on behalf of the Township;
C. By agreement with one or more other municipalities
for the joint administration and enforcement of this Act through an
intermunicipal agreement;
D. By entering into a contract with another municipality
for the administration and enforcement of this Act on behalf of East
Brandywine Township;
E. 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.
A Board of Appeals shall be established by resolution
of the Township Board of Supervisors in conformity with the requirements
of the relevant provisions of the Building 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.
The Uniform Construction Code is hereby supplemented
and amended by including the provisions set forth in Exhibit A which
were adopted by East Brandywine Township before July 1, 1999, and
equal or exceed the requirements of the Uniform Construction Code.
To the extent there is a conflict with a provision or requirement
in the Uniform Construction Code and in Exhibit A, the provision or
requirement in Exhibit A will prevail and control. All references in Exhibit A to terms, requirements, and
sections of the 1990 BOCA Building Code shall be interpreted as applicable
to corresponding equivalent terms, requirements, and sections of the
Uniform Construction Code.
All relevant ordinances, regulations and policies
of East Brandywine Township not governed by the Building Code enacted
hereby shall remain in full force and effect.
Fees assessable by East Brandywine Township
for the administration and enforcement undertaken pursuant to this
article and the Code shall be established by the Board of Supervisors
by resolution from time to time.