[Adopted 4-12-2004 by Ord. No. 2464]
Whitehall 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, and its regulations.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401-405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of Whitehall Township, with the following modifications:
A. 
Section 403.42(b) is hereby deleted (emergency repairs).
B. 
Section 403.62, Permit Requirements and Exemptions (Residential Buildings), Subsection (c)(1), is hereby modified to delete the following subsections: (i), (ii), (iv), (xi), (xvii); and Subsection (c)(2) to delete the following subsections: (ii), (iii), (iv); and Subsection (c)(5) to delete the following subsections: (i), (ii), (iv), (v), (vi), (vii), (viii), (ix); and Subsection (c)(6) to delete the following subsections: (ii), (iii), (iv), (v).
C. 
Sections 403.62 (d) and (e) shall be deleted in their entireties.
D. 
Section 403.43(g) shall be amended to read:
(g)
A permit becomes invalid unless the authorized construction work begins within 180 days after the permit's issuance or if the authorized construction work permit is suspended or abandoned for 180 days after the work has commenced. A permit holder may submit a written request for an extension of time to commence construction for just cause. The building code official may grant extensions of time to commence construction in writing. A permit may be valid for no more than one year from its issue date.
E. 
Section 403.43(k) shall be deleted in its entirety.
F. 
Section 403.83, Subsection (b), shall be amended to read:
(b)
The order to show cause shall contain a statement of the grounds for the action, the alleged violations of the Uniform Construction Code and notification that the building, structure or equipment may be closed or vacated. The order to show cause shall contain notification that the owner or owner's agent shall submit a written answer within five business days. The building code official shall serve the order to show cause upon the owner or owner's agent by certified mail or personal service.
G. 
Section 403.83, Subsection (c), shall be amended to read:
(c)
The owner or owner's agent may file a written answer to the order to show cause with the building code official within five days following service of the order to show cause. The answer shall contain specific admissions or denials of the allegations contained in the order to show cause and set forth the specific facts, matters of law or Uniform Construction Code interpretation relied upon by the owner. The answer may contain a request for a variance or an extension of time for compliance. The building code official shall forward all requests for variances, extensions of time or appeals regarding interpretations of the Uniform Construction Code to the board of appeals within five business days. The building code official shall send a request for variance, extension of time or appeals regarding interpretation of the Uniform Construction Code's accessibility requirements to the Department within five business days.
Administration and enforcement of the code within Whitehall Township shall be undertaken in any of the following ways as determined by the Board of Commissioners of Whitehall Township from time to time by resolution:
A. 
By the designation of an employee of the Township to serve as the municipal code official to act on behalf of Whitehall Township.
B. 
By the retention of one or more construction code officials or third-party agencies to act on behalf of Whitehall Township.
C. 
By agreement with one or more other municipalities for the joint administration and enforcement of this 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 Whitehall Township.
E. 
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 miscellaneous use structures.
A Board of Appeals shall be established by resolution of the Board of Commissioners of Whitehall Township in conformity with the requirements of the relevant provisions of the code, as amended from time to time, and for the purposes set for 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. 
All building code ordinances or portions of ordinances, including Whitehall Township Ordinances 2440, 2439, 2441, 2438, 2357, 2358, and 2371, provisions of which were adopted by the Municipality 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 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.
C. 
All relevant ordinances, regulations and policies of Whitehall Township not governed by the code shall remain in full force and effect.
Fees assessable by Whitehall Township for the administration and enforcement undertaken pursuant to this article shall be as established by the Board of Commissioners in Appendix M[1] of the Code of the Township of Whitehall, as amended by resolution from time to time.
[1]
Editor's Note: The Fee Schedule is on file in the Township offices.