[HISTORY: Adopted by the Board of Supervisors of the Township of Nockamixon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 74.
Development plan — See Ch. 92.
Floodplain management — See Ch. 103.
Soil erosion, sedimentation and grading — See Ch. 177.
Stormwater management — See Ch. 190.
Subdivision and land development — See Ch. 196.
Zoning — See Ch. 234.
[Adopted 6-15-2004 by Ord. No. 117]
Subject to the provisions of this article and applicable law, Nockamixon Township hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101-7210.1103, as amended from time to time (the "Act"), and the regulations promulgated thereunder.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401-405, as amended from time to time (the "code"), is hereby adopted and incorporated herein by reference as the municipal building code of Nockamixon Township.
Administration and enforcement of the code within Nockamixon Township shall be undertaken in any of the following ways as determined by the Nockamixon Township Board of Supervisors from time to time by resolution:
A. 
By designating an employee of Nockamixon Township to serve as the municipal code official to act on behalf of Nockamixon Township.
B. 
By retaining of one or more construction code officials or third party agencies to act on behalf of Nockamixon Township.
C. 
By agreeing with one or more municipalities for the joint administration and enforcement of the Act and the code through an intermunicipal agreement.
D. 
By entering into a contract with another municipality for the administration and enforcement of the Act and the code on behalf of Nockamixon Township.
A. 
Creation of Appeals Board. A Building Code Board of Appeals (the "Board of Appeals") is established in conformity with the requirements of the Act and the code. The Board of Appeals shall hear and rule on appeals, requests for variances and requests for extensions of time arising under the code.
B. 
Appointment of members. The Board of Appeals shall consist of no fewer than three and no more than five members appointed by the Board of Supervisors. The Board of Supervisors shall appoint the initial Board of Appeals members to terms of varying length to establish staggered terms. After the initial appointments, each new member shall serve for five years or until a successor has been appointed.
C. 
Qualifications of members. The members of the Board of Appeals shall, in the discretion of the Nockamixon Township Board of Supervisors, be qualified by training and experience to pass on matters pertaining to building construction. Training and experience may consist of licensure as an architect or engineer, experience in the construction industry, or training or experience as an inspector or plan reviewer. No member of the Board of Supervisors nor any code inspector employed by Nockamixon Township may serve on the Board of Appeals. If the Board of Supervisors is unable to find a sufficient number of qualified individuals who reside within Nockamixon Township, it may appoint a qualified person(s) who resides outside of Nockamixon Township to fill a position.
D. 
Alternate members. The Board of Supervisors may appoint up to two alternate members who may be called by the Chair of the Board of Appeals to hear appeals in the event of the absence or disqualification of a member. Alternate members shall possess the qualifications required for membership, and shall be appointed for five years or until a successor has been appointed.
E. 
Intergovernmental cooperation. If at any time enforcement and administration is undertaken jointly with one or more other, municipalities, the Board of Supervisors is hereby authorized to enter into an intergovernmental cooperation agreement with one or more municipalities to create a Board of Appeals.
F. 
Chairperson and secretary. The Board of Appeals shall annually select one of its members to serve as Chair and Secretary. The Secretary of the Board of Appeals shall file a detailed record of all proceedings with the Township.
G. 
Disqualification of member. No member of the Board of Appeals may hear an appeal in which that member has any personal, professional or financial interest.
H. 
Operation of Board of Appeals. The procedure for conducting hearings and notices of hearings shall be established by resolution of the Board of Supervisors and shall be consistent with Act, the code and all other applicable laws and regulations.
All building code ordinances or portions of ordinances which were adopted by Nockamixon 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. Nockamixon Township has no such ordinances.
All building code ordinances or portions of ordinances, including without limitation Ord. No. 104 enacted on November 18, 2001, which either (A) exceed the minimum requirements of the code but were enacted after July 1, 1999; or (B) 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 and/or repealed to conform to the comparable provisions of the code and the Act.
In accordance with § 403.102(1) of the code, Nockamixon Township, by virtue of its election to enforce and administer the provisions of the code and the Act within Nockamixon Township, hereby amends the provisions of the code identified below as set forth in Schedule A attached hereto. The provisions of Schedule A attached to this article shall control over the corresponding provisions of the code. Section 403.102(1) of the code allows the following provisions of the code to be amended:
A. 
Section 403.42(b) and (c) (relating to permit requirements and exemptions).
B. 
Section 403.42a(a)-(e) and (g)-(n) (relating to permit application).
C. 
Section 403.43(b), (c), (g), (h) and (k) (relating to grant, denial and effect of permits).
D. 
Section 403.44 (relating to alternative construction material and methods).
E. 
Section 403.45 (relating to inspections).
F. 
Section 403.46 (relating to certificate of occupancy).
G. 
Section 403.47 (relating to public utility connections).
H. 
Section 403.62(a)-(e) (relating to permit requirements and exemptions).
I. 
Section 403.64 (relating to inspections).
J. 
Section 403.65 (relating to certificates of occupancy).
K. 
Section 403.66 (relating to public utility connections).
L. 
Section 403.81(a) and (b) (relating to stop work order).
M. 
Section 403.82 (relating to notice of violations).
N. 
Section 403.83 (relating to order to show cause/order to vacate).
O. 
Section 403.84(a)-(e) (relating to unsafe building structure or equipment).
P. 
Section 403.85(a)-(c) (relating to release, retention and sharing of commercial construction records).
[Amended 9-21-2004 by Ord. No. 118]
Nockamixon Township may enact construction standards that exceed the minimum requirements of the code in accordance with the provisions and procedures set forth in the Act and the code.
A. 
In accordance with § 503.C of the Pennsylvania Construction Code Act, as amended, the provisions of the code, this article and Schedule A as adopted by Nockamixon Township do not apply to utility and miscellaneous use structures that have a building area of less than 500 square feet. Utility and miscellaneous use structures equaling or exceeding 500 square feet in building area must comply with the provisions of the code, this article and Schedule A.
The Nockamixon Township Board of Supervisors may by resolution adopted from time to time prescribe reasonable fees for the administration and enforcement of the code undertaken pursuant to this article and the code.