[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Uwchlan 5-17-2004 by Ord. No. 04-02.
Amendments noted where applicable.]
Upper Uwchlan Township hereby elects to administer
and enforce the provisions of the Pennsylvania Construction Code Act
45 of 1999, 35 P.S. §§ 7210.101 to 7210.1103, as amended
from time to time, and its regulations.
The Uniform Construction Code, contained in
34 Pa. Code, Chapters 401 to 405, as amended from time to time, is
hereby adopted and incorporated herein by reference as the municipal
building code of Upper Uwchlan Township.
Administration and enforcement of the code within
Upper Uwchlan Township shall be undertaken by the Township and may
be accomplished in any of the following ways as determined by the
Upper Uwchlan Township Board of Supervisors from time to time by resolution:
A.
By the designation of an employee of the municipality
to serve as the municipal code official to act on behalf of Upper
Uwchlan Township;
B.
By the retention of one or more construction code
officials, or third-party agencies, to act on behalf of Upper Uwchlan
Township;
C.
By agreement with one or more other municipalities
for the joint administration and enforcement of the 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 Upper
Uwchlan Township;
E.
By entering into an agreement with the Pennsylvania
Department of Labor and Industry for plan review, inspections, and
enforcement for 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 Board of Supervisors of Upper Uwchlan 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.
Despite the provisions of the code, the following
items are not exempt from permit requirements:
A.
All building code ordinances or portions of ordinances
which were adopted by Upper Uwchlan 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.
B.
All building code ordinances or portions of ordinances
which are in effect as of the effective date of this chapter and whose
requirements are less than the minimum requirements of the code are
hereby amended to conform to the comparable provisions of the code.
C.
All relevant ordinances, regulations, and policies
of Upper Uwchlan Township not governed by the code shall remain in
full force and effect.
All such fees shall be determined by the Board
of Supervisors and a schedule of such shall be made available to the
public. The Board of Supervisors shall be empowered to reevaluate
the fee schedule and make any necessary alterations to it. Such alterations
shall not be considered an amendment to this chapter and may be adopted
at any public meeting of the Board of Supervisors by resolution.
[Added 3-20-2023 by Ord. No. 2023-01]
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000, together with costs of prosecution, and in default of such
fine and costs to imprisonment for a period not exceeding 30 days.
Each day's continuance of a violation after notification shall constitute
a separate offence.
