[HISTORY: Adopted by the Board of Commissioners
of the Township of Nether Providence 5-13-2004 by Ord. No. 682[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded
former Ch. 93, Building Construction, adopted 12-10-1992 by Ord. No.
581, as amended in its entirety 4-10-1997 by Ord. No. 611.
Nether Providence Township hereby elects to
administer and enforce the provisions of the Pennsylvania Construction
Code Act, Act 45 of 1999, 35 P.S. § 7210.101 through 7210.1103,
as amended from time to time, and its regulations.
[Amended 12-14-2006 by Ord. No. 715]
The Uniform Construction Code, 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 Nether Providence Township. In addition, the following
appendixes of the following ICC codes are also adopted:
[Added 4-14-2005 by Ord. No. 695; amended 12-17-2009 by Ord. No.
747]
A building permit shall be required prior to
the construction of a detached accessory structure if the structure
has a building area of 1,000 square feet or more and the structure
is a residential utility and/or a miscellaneous use structure, including
but not limited to:
Administration and enforcement of the Code within
Nether Providence Township shall be undertaken in any of the following
ways as determined by the governing body of Nether Providence Township
from time to time by resolution:
A.Â
By the designation of an employee of Nether Providence
Township to serve as the Municipal Code Official to act on behalf
of Nether Providence Township;
B.Â
By the retention of one or more construction code
officials or third-party agencies to act on behalf of Nether Providence
Township;
C.Â
By agreement with one or more other municipalities
for the joint administration and enforcement of this Act through an
intermunicipal agreement;
D.Â
By entering into a contract with another municipality
for the administration and enforcement of this Act on behalf of this
municipality;
E.Â
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 governing body of Nether Providence 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.
A.Â
All building code ordinances or portions of ordinances
which were adopted by Nether Providence 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.Â
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 with the comparable provisions of the Code.
C.Â
All relevant ordinances, regulations and policies
of Nether Providence Township not governed by the Code shall remain
in full force and effect.
Fees assessable by Nether Providence Township
for the administration and enforcement undertaken pursuant to this
chapter and the Code shall be established by the governing body by
resolution from time to time.