[HISTORY: Adopted by the Board of Supervisors of the Township
of Newtown 6-28-2004 by Ord. No. 2004-01. Amendments noted where applicable.]
Newtown Township 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 Newtown Township.
Administration and enforcement of the code within Newtown Township
shall be undertaken in any of the following ways, as determined by
the governing body of Newtown Township from time to time by resolution:
A.
By the designation of an employee of Newtown Township to serve as
the municipal code official to act on behalf of Newtown Township.
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of Newtown 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 this municipality.
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
utility and miscellaneous use structures.
[Amended 9-10-2012 by Ord. No. 2012-05]
The Township is hereby authorized to enter into an intermunicipal
agreement with the County of Delaware and such other municipalities
within the County who may choose to participate in same, via which
the Delaware County Uniform Construction Code Appeals Board shall
serve as the Township's board of appeals pursuant to 35 P.S. § 7210.501
(c)(1). Such agreement shall be in a form satisfactory to the Township's
Solicitor.
A.
All building code ordinances or portions of ordinances which were
adopted by Newtown 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.
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.
All relevant ordinances, regulations and policies of Newtown Township
not governed by the code shall remain in full force and effect.
Fees assessable by Newtown 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.