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:
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(g)
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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.
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E. Section 403.43(k) shall be deleted in its entirety.
F. Section 403.83, Subsection
(b), shall be amended to read:
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(b)
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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.
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G. Section 403.83, Subsection
(c), shall be amended to read:
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(c)
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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.
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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.
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 of the Code of the Township of Whitehall, as amended by
resolution from time to time.