[Ord. 2004-1, 6/14/2004, § 1]
The Board of Supervisors of East Nottingham Township hereby
elects to administer and enforce the provisions of the Pennsylvania
Construction Code Act, Act 45 of 1999, 35 P.S. § 7210.101
et seq., as amended from time to time, and its regulations, which
shall be deemed "opting in."
[Ord. 2004-1, 6/14/2004, § 2]
The Uniform Construction Code, contained in 34 Pa. Code, Chapter
401 et seq., as amended from time to time, is hereby adopted and incorporated
herein by reference as the municipal building code of East Nottingham
Township.
[Ord. 2004-1, 6/14/2004, § 3]
1.
Administration and enforcement of the Code within East Nottingham
Township shall be undertaken in any of the following ways as determined
by the governing body of East Nottingham Township from time to time
by resolution:
A.
By the designation of an employee of East Nottingham Township to
serve as the municipal code official to act on behalf of East Nottingham
Township.
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of East Nottingham Township.
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of the code through an intermunicipal
agreement.
D.
By entering into a contract with another municipality for the administration
and enforcement of the code on behalf of East Nottingham 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.
[Ord. 2004-1, 6/14/2004, § 4]
A Board of Appeals shall be established by resolution of the
governing body of East Nottingham Township 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.
[Ord. 2004-1, 6/14/2004, § 5]
1.
All building code ordinances or portions of ordinances which were
adopted by East Nottingham 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.
2.
All building code ordinances or portions of ordinances which are
in effect as of the effective date of this Part and whose requirements
are less than the minimum requirements of the code are hereby amended
to conform with the comparable provisions of the code.
3.
All relevant ordinances, regulations and policies of this Township
not governed by the code shall remain in full force and effect.
[Ord. 2004-1, 6/14/2004, § 6]
Fees assessable by East Nottingham Township for the administration
and enforcement undertaken pursuant to this Part and the code shall
be established by the governing body by resolution from time to time.
[Res. 51-2007, 6/18/2007, § 1]
This Part shall be known as the "East Nottingham Township Construction
Inspection Resolution."
[Res. 51-2007, 6/18/2007, § 2]
The purpose of this Part is to ensure the proper administration
and enforcement of the UCC within the Township of East Nottingham
by permitting an employee or appointed third-party agent of the Township
to be present for all inspections of residential and commercial construction.
[Res. 51-2007, 6/18/2007, § 3]
The holder of a building permit or his agent.
A person employed by East Nottingham Township or a person,
firm or corporation retained by East Nottingham Township who is certified
by the Department under the Uniform Construction Code to perform plan
review of construction documents, inspect construction or administer
and enforce codes and regulations adopted pursuant to the UCC and
related East Nottingham Township ordinances.
The Pennsylvania Department of Labor and Industry.
A person certified by the Department in accord with the Pennsylvania
Construction Code Act to conduct plan review of construction documents
and inspect construction and who is not an employee of East Nottingham
Township and is not an entity retained by East Nottingham Township.
A person, firm or corporation employed or retained by East
Nottingham Township and certified by the Department as a construction
code official and contracted to perform plan review of construction
documents, inspect construction or administer and enforce codes and
regulations under this Part.
[Res. 51-2007, 6/18/2007, § 4]
1.
The following provisions shall apply to all inspections of residential
and commercial construction conducted in East Nottingham Township
by a private construction code official:
A.
At the time of the building permit application the applicant shall
provide the following information:
(1)
A copy of the third party agency certificate issued by the Pennsylvania
Department of Labor and Industry.
(2)
Copies of certification and/or registration cards issued by
the Pennsylvania Department of Labor and Industry for all plan reviewers
and inspectors that will be providing services within the Township.
(3)
Full and complete design documents signed and dated by a certified
plan reviewer. These documents shall meet all requirements of the
UCC.
B.
The builder or private construction code official shall contact the
Code Enforcement Officer of East Nottingham Township at least 48 hours
prior to having a private construction code official perform any inspections
of on-site construction.
C.
The builder shall supply East Nottingham Township with the day and
time that an inspection will occur.
D.
The builder shall permit the Township building inspector to observe
and verify that the person inspecting is the certified inspector.
E.
It shall be unlawful for any person, firm or corporation to conduct
any aspect of an inspection without the Township building inspector
being present.
F.
These requirements shall apply to inspections of footings, foundations,
slab, framing and/or masonry, insulation, rough sprinkler, close up/wall
board, electrical, plumbing and mechanical inspections including rough
plumbing, underground, mechanical as well as final inspections of
the aforementioned work and any other inspection deemed necessary
by the Township Code Enforcement Officer to ensure compliance with
the UCC.
[Res. 51-2007, 6/18/2007, § 5]
In the case of any inspections that are performed by a person, firm or corporation other than the Township building inspector, where the Township was not provided notice of the inspection(s) in accord with § 5-114 of this Part, the Township shall be entitled to issue a cease and desist order and may institute any appropriate action or proceeding to prevent such unlawful activities; to restrain, correct or abate such violations; or to prevent any illegal act, conduct, business, or use in or about such premises. Any construction which proceeds without at least 48 hours' advance notice (exclusive of Saturdays, Sundays and holidays) to Township shall be uncovered or otherwise made available for inspection by the Township building inspector at builder's expense.
[Res. 51-2007, 6/18/2007, § 6; as amended by Ord.
2009-21, 11/16/2009]
Any person, firm, or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Whenever such person, firm, or corporation,
shall have been notified by the Township that he is committing a violation
of this Part, each day's continuance of such violation after
such notification shall constitute a separate offense punishable by
a like fine or penalty. Such fines or penalties shall be collected
as like fines or penalties are now collected by law.
