[Adopted 5-12-2004 by Ord. No. 2004-4 (Ch. 5, Part 8, of the 1990 Code)]
This article shall be known and may be cited as the "Township of Swatara Uniform Construction Code."
The purpose of this article 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 and regulations to the Act promulgated by the Pennsylvania Department of Labor and Industry (hereinafter sometimes collectively referred to as the "code").
The Pennsylvania Construction Code Act requires the enactment of an appropriate ordinance by municipalities electing to administer and enforce the building code provisions of the code.
The Township of Swatara hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, 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 the Township of Swatara.
Administration and enforcement of the code within the Township of Swatara shall be undertaken in any of the following ways as determined by the governing body of the Township of Swatara from time to time by resolution:
By the designation of an employee of the Township of Swatara to serve as the Municipal Code Official to act on behalf of the Township of Swatara;
By the retention of one or more construction code officials or third-party agencies to act on behalf of the Township of Swatara;
By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement;
By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of the Township of Swatara;
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 the Township of Swatara 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.
All building code ordinances or portions of ordinances which were adopted by the Township of Swatara 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.
All building code ordinances or portions of ordinances which are in effect as of the effective date of this article and whose requirements are less than the minimum requirements of the code are hereby amended to conform with the comparable provisions of the code.
All relevant ordinances, regulations and policies of the Township of Swatara not governed by the code shall remain in full force and effect.
Fees assessable by the Township of Swatara for the administration and enforcement undertaken pursuant to this article and the code shall be established by the Board of Commissioners by resolution from time to time.
[Added 3-11-2015 by Ord. No. 2015-5]
Pursuant to the Pennsylvania Construction Code Act, Section 503(c), as amended by Act 92 of 2004 (35 P.S. § 7210.503), 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.
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) [34 Pa. Code § 403.1(b)(3)] is hereby amended to exclude those same structures when the building area is less than 400 square feet, provided that these same structures are not equipped with nonportable heating or cooling equipment or electric, water or sewer service.