[Ord. 474, 5/19/2004, § I]
This Part, together with the Uniform Construction Code, adopted
herein, shall be known and may be cited as the "Uniform Construction
Code of Lower Swatara Township."
[Ord. 474, 5/19/2004, § II]
The purpose of this Part is to promote the general health, safety,
and welfare of the citizens of Lower Swatara 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").
[Ord. 474, 5/19/2004, § III]
1. Uniform Construction Code. The Uniform Construction Code, contained
in 34 Pa. Code, Chapters 401, 403, 405, as amended from time to time,
is hereby adopted and incorporated and herein by reference as the
municipal Uniform Construction Code of Lower Swatara Township, through
the effective date of adoption of this Part, save and except portions
as are hereinafter deleted, amended or added.
2. Referenced Codes. Lower Swatara Township, in accordance with and
established by § 501(a)(1) of the Pennsylvania Construction
Code Act No. 45 of 1999, adopts and incorporates by reference the
codes as defined in Chapter 401, § 401.1 contained in 34
Pa. Code as the Uniform Construction Code of Lower Swatara Township,
copies of which are on file in the Code Enforcement Department.
[Amended at time of adoption of Code (see Ch. AO)]
3. Application. The provisions set forth in this Part and in the Uniform
Construction Code adopted herein shall take effect five days from
the date of the enactment of this Part or any amendment thereto, and
shall apply throughout the entire Township.
[Ord. 474, 5/19/2004, § IV]
1. Election. Lower Swatara Township hereby elects to administer and
enforce the provisions of the Pennsylvania Construction Code Act,
Act 45 of 1999, 35 P.S. §§ 7210.101 through 7210.1103,
as amended from time to time, and its regulations.
2. Administration and Enforcement. Administration and enforcement of
the Uniform Construction Code within Lower Swatara Township shall
be through the Code Enforcement Department. The Uniform Construction
Code may be administered and enforced utilizing any of the following
ways as determined by Lower Swatara Township Board of Commissioners:
A. Designation of an employee of Lower Swatara Township to serve as
the Building Code Official to act on behalf of Lower Swatara Township.
B. Retention of one or more construction code officials or third-party
agencies to act on behalf of Lower Swatara Township.
C. Agreement with one or more other municipalities for the joint administration
and enforcement of the Uniform Construction Code through an intermunicipal
agreement.
D. Entering into a contract with another municipality for the administration
and enforcement of this Act on behalf of Lower Swatara Township.
E. 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.
3. Department of Code Enforcement. All the provisions of Lower Swatara
Township's Code Enforcement Ordinance are hereby adopted with
this Part. The administration and enforcement of this Part and the
Uniform Construction Code herein adopted shall be carried out by the
Code Enforcement Department in accordance with the procedures established
by Lower Swatara Township's Code Enforcement Ordinance and the
Uniform Construction Code, contained in 34 Pa. Code, Chapters 401,
403, and 405.
[Ord. 474, 5/19/2004, § V]
1. General. All relevant ordinances, regulations, and policies of Lower
Swatara Township not governed by the Uniform Construction Code shall
remain in full force and effect.
2. Codes Which Equal or Exceed. All construction code ordinances or
portions of ordinances which were adopted by Lower Swatara Township
on or before July 1, 1999, and which equal or exceed the requirements
of the Uniform Construction Code shall continue in full force and
effect until such time as such provisions fail to equal or exceed
the minimum requirements of the Uniform Construction Code, as amended
from time to time. Applicable sections of Lower Swatara Township Code
Enforcement Ord. 415, adopted on November 19, 1997, shall continue
in full force and effect until such time as these sections fail to
equal or exceed the minimum requirements of the Uniform Construction
Code.
[Amended at time of adoption of Code (see Ch. AO)]
3. Codes Which Are Less. All construction code ordinances or portions
of ordinances which are in effect as of the effective date of this
Part and whose requirements are less than the minimum requirements
of the Uniform Construction Code are hereby amended to conform with
the comparable provisions of the Uniform Construction Code.
[Ord. 474, 5/19/2004, § VII]
1. Required Fees. Permit fees assessable by Lower Swatara Township for
the administration and enforcement undertaken pursuant to this Part
and the Uniform Construction Code shall be established by the Board
of Commissioners of Lower Swatara Township by resolution, as amended
from time to time.
[Ord. 474, 5/19/2004, § VIII]
1. Board of Appeals. A Board of Appeals shall be established by resolution
of the Board of Commissioners of Lower Swatara Township in conformity
with the requirements of the relevant provisions of the Uniform Construction
Code, as amended from time to time, and for the purposes set forth
therein.
2. Joint Board of Appeals. If at anytime 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.
[Ord. 474, 5/19/2004, § IX]
1. Conflicting Provisions. The Uniform Construction Code, herein adopted,
governs if there is a conflict between the Uniform Construction Code
and Lower Swatara's Code Enforcement Ordinance relating to administration and enforcement provisions
of the Uniform Construction Code.
2. Validity. If any section, subsection, sentence, or clause of this
Part is held, for any reason, to be invalid, such decision or decisions
shall not affect the validity of the remaining portions of this Part.
[Res. 2004-R-8, 5/19/2004; as amended by Ord. No. 569, 3/15/2017]
In order to protect buildings, structures and premises in Lower
Swatara Township by vigorous enforcement of the provisions of the
Part, the technical codes and applicable ordinances, the Board of
Commissioners of Lower Swatara Township hereby appoint the UCC Joint
Board of Appeals of the Capital Region Council of Governments to hear
all the appeals, requests for variance, and requests for extension
of time. The intent of the appeal process is not to waive or set aside
a code requirement, rather, it is intended to provide a means of reviewing
the building code official's decision as an interpretation and
application of the code, or to review the equivalency of protection
to the code requirements. All appellants shall be governed by the
fee schedule and procedures of the UCC Joint Board of Appeals of the
Capital Region Council of Governments.