[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[1] and regulations to the Act promulgated by the Pennsylvania Department of Labor and Industry (hereinafter sometimes collectively referred to as the "code").
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
[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.
[1]
Editor's Note: Former 5-706, Revisions (Section VI of Ord. No. 474, adopted 5/19/2004), was repealed at time of adoption of Code (see Ch. AO).
[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.[1] 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.
[1]
Editor's Note: See also § 5-711, Board of Appeals.
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[1] relating to administration and enforcement provisions of the Uniform Construction Code.
[1]
Editor's Note: See Part 1 of this chapter.
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.[2]
[2]
Editor's Note: Former Subsection 3, Savings, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. AO).
[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.
[1]
Editor's Note: See also § 5-708, Appeals Board.