[HISTORY: Adopted by the Board of Commissioners
of the Township of Lower Allen 4-12-2004 by Ord. No. 2004-01.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 70, Building Construction and Safety Standards, adopted
11-10-1997 by Ord. No. 97-7, as amended.
The purpose of this chapter is to promote the
general health, safety and welfare of the citizens of the Township
and to conform to the requirements of the Pennsylvania Construction
Code Act (PCCA) and regulations to the PCCA promulgated by the Pennsylvania
Department of Labor and Industry.
The Township hereby elects to administer and
enforce the provisions of the PCCA, Act 45 of 1999, 35 P.S. §§ 7210.101
through 7210.1103, as amended from time to time, and its regulations.
The Uniform Construction Code (UCC), contained
in 34 Pa. Code, Chapters 401 through 405, as amended from time to
time, is hereby adopted and incorporated herein by reference as the
municipal building code of the Township.
Amended 1-23-2023 by Ord. No. 2023-01]
Administration and enforcement of the PCCA and
UCC within the Township shall be undertaken by the designation of
an employee of the Township to serve as the municipal Building Code
Official (BCO) to act on behalf of the Township. The BCO may delegate
duties to construction code officials, either employed by the Township
or retained by the Township through contracts with qualified individuals
and/or third-party agencies.
A Board of Appeals shall be established by resolution
of the Board of Commissioners of Lower Allen Township in conformity
with the requirements of the relevant provisions of the UCC, 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.
Fees assessable by the Township for the administration
and enforcement undertaken pursuant to this chapter and the UCC shall
be established by the governing body by resolution from time to time.
Amended 5-26-2015 by Ord.
No. 2015-02; 1-23-2023 by Ord. No. 2023-01]
The Pennsylvania Department of Labor and Industry promulgates
revised UCC regulations on a triennial basis in accordance with procedures
established by the PCCA. The amended UCC regulations adopt triennially
updated editions of various model codes published by the International
Code Council (ICC), with or without modifications. Pursuant to UCC
Section 403.102(1), the following regulations are hereby enacted to
facilitate municipal administration and enforcement of the UCC.
A.
At least 90 days prior to the effective date of the amended UCC regulations,
the BCO shall present a report to the Board that contains the following
recommendations:
(1)
Required local adopting jurisdiction information that must be inserted
into blank spaces within several sections of each ICC model code publication
adopted by UCC regulations. This local information includes, but is
not limited to, climatic and geographic conditions, fines and penalties,
name of jurisdiction and officials or departments that administer
the codes, and adoption dates for original local building code and
floodplain maps.
(2)
Deviations from administrative procedures, prescribed in the UCC
regulations pertaining to the International Building Code or contained
in the Scope and Administration chapter of all other ICC model codes
adopted by UCC regulations, deemed necessary by the BCO to facilitate
preferred or required procedures of the local adopting jurisdiction.
This information includes but is not limited to documentation required
to be submitted with applications for various categories of UCC permits,
time limitations for applicants to respond to plan review comments
and pay permit fees after notification that permit applications have
been approved, and applicant responsibilities regarding scheduling
of inspections and correcting code compliance deficiencies after permits
have been issued.
B.
When the Board is satisfied that the required local adopting jurisdiction infill information is complete and accurate and has reached a consensus regarding the BCO administrative procedures recommendations, it shall authorize preparation of Chapter 70 Exhibit No. 1, Lower Allen Township Local Conditions and Requirements for Administration and Enforcement of the PA Uniform Construction Code.
C.
This Exhibit No. 1 shall become an attachment to the codified Chapter 70 regulations upon adoption of the resolution by the Board, with an effective date that coincides with the effective date of the triennially amended UCC regulations.
D.
The administrative requirements for local agency administration and
enforcement of the UCC may be revised within the years between triennial
UCC regulatory amendments by resolution authorizing revision of Exhibit
No. 1, and such revisions may become effective immediately.
E.
The ninety-day minimum Board review period for the BCO report is
hereby waived for the triennial UCC regulatory amendments that became
effective in 2022 and is not applicable for Board review of interim
administrative requirements revisions.
[Added 1-24-2005 by Ord. No. 2005-03]
Pursuant to PCCA Section 503(c), as amended
by Act 92 of 2004, the following regulations are hereby enacted to
provide for municipal regulations that are more stringent than standards
contained in the UCC administrative and enforcement regulations.
A.
The exclusion from UCC application to carports, detached
private garages, greenhouses and sheds that are accessory to a detached
one-family dwelling, and having a building area less than 1,000 square
feet, contained in UCC Section 403.1(B)(3), is hereby amended to exclude
these same structures when the building area does not exceed 200 square
feet, provided that these same structures are not equipped with nonportable
heating or cooling equipment or electric, water or sewer service.
[Amended 1-23-2023 by Ord. No. 2023-01]
B.
The exclusion from UCC application to alterations
to residential buildings which do not make structural changes or changes
to means of egress, contained in Section 104(B)(5) of Act 92 of 2004,
is hereby deleted. Permit exclusions stated in Section R 105.2 of
the IRC, 2003 Edition, shall apply.
C.
The exclusion from UCC application to repairs to residential
buildings, contained in Section 104(B)(6) of Act 92 of 2004, is hereby
deleted. Permit exclusions stated in Section R 105.2 of the IRC, 2003
Edition, shall apply.
