[Adopted 6-2-2004 by Ord.
No. 259]
Upper Makefield Township, Bucks County, Pennsylvania hereby
elects to administrator 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, as
amended.
The Uniform Construction Code, contained within Title 34 Pa.Code,
Chapters 401 to 405, as amended, is hereby adopted and incorporated
herein by reference as the municipal building code for Upper Makefield
Township, Bucks County, Pennsylvania.
Administration and enforcement of the code within Upper Makefield
Township shall be undertaken, as determined by the Board of Supervisors
of Upper Makefield Township, Bucks County, Pennsylvania, in accordance
with the regulations of the Pennsylvania Construction Code Act, as
amended.
A.
Creation of Appeals Board. A Building Code Board of Appeals (hereinafter
"Appeals Board") is hereby established in conformity with the requirements
of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S.
§§ 7210.101 to 7210.1103; § 501(c) and 34
Pa. Code, § 403.121. The Appeals Board shall hear and rule
on appeals, requests for variances and requests for extensions of
time.
B.
Appointment of members. The Appeals Board shall consist of three
members appointed by the Board of Supervisors as follows: one member
shall be appointed to serve a three-year term; one member shall serve
a two-year term; and one member shall serve a one-year term. After
the initial appointments, each new member shall serve for three years
or until a successor has been appointed.
C.
Qualifications of members. The members of the Appeals Board shall,
to the satisfaction of the Board of Supervisors, be qualified by training
and experience to pass on matters pertaining to building construction.
Training and experience may consist of licensure as an architect or
engineer, experience in the construction industry, and training or
experience as an inspector or plan reviewer. No member of the Board
of Supervisors or any code inspector employed by the Township may
serve on the Appeals Board. If the Board of Supervisors is unable
to find a sufficient number of qualified individuals who reside within
the Township, it may appoint a qualified person who resides outside
of the Township to fill a position.
D.
Alternate members. The Board of Supervisors shall appoint an alternate
member who shall be called by the Appeals Board Chairperson to hear
appeals in the event of the absence or disqualification of a member.
Alternate members shall possess the qualifications required for Board
membership, and shall be appointed for three years or until a successor
has been appointed.
E.
Intergovernmental cooperation. The Board of Supervisors is hereby
authorized to enter into an intergovernmental cooperation agreement
with one or more municipalities to create an Appeals Board.
F.
Chairperson and Secretary. The Appeals Board shall annually select
one of its members to serve as Chairperson and Secretary. The Secretary
shall file a detailed record of all proceedings in the office of the
Township Manager.
G.
Disqualification of member. A member of the Appeals Board shall not
hear an appeal in which that member has any personal, professional
or financial interest.
H.
Operation of Board of Appeals. The procedure for conduct of hearings
and notices of hearings shall be established by resolution of the
Board of Supervisors and shall be consistent with Pennsylvania law
and regulations of the Pennsylvania Department of Labor and Industry.
A.
All ordinances, resolutions and code provisions or parts thereof
which have previously been adopted by Upper Makefield Township on
or before July 1, 1999, and which are equal to or exceed the requirements
of the code, shall remain in full force and effect until such time
as the provisions of these ordinances fail to equal or exceed the
minimum requirements of the code, as amended from time to time.
B.
These ordinance provisions, which are saved from repeal, include
but are not limited to, the following:
(1)
All provisions of Upper Makefield Ord. No. 108, adopted September 5, 1984, as amended by Ord. No. 164, adopted July 3, 1991, and Ord. No. 176, adopted March 4, 1994, and Ord. No. 194, adopted March 5, 1997 (Upper Makefield Code Chapter 5), which are equal to or exceed the minimum requirements of the code.
C.
All ordinances and/or resolutions or parts thereof which have previously
been adopted by Upper Makefield Township that are in effect as of
the effective date of this Part and whose requirements are less than
the minimum requirements of the code are hereby amended to conform
with the comparable provisions of the code.
D.
All other ordinances, resolutions, regulations and policies of Upper
Makefield Township not governed by the code shall remain in full force
and effect.
This code may be changed and/or modified by the governing body
of Upper Makefield Township in accordance with the Pennsylvania Construction
Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 to 7210.1103,
§ 503.
A fee schedule assessable by Upper Makefield Township for the
administration and enforcement undertaken pursuant to this Part and
the code shall be established by the governing body of Upper Makefield
Township by resolution.
In accordance with § 403.102(1) of Title 34, Part
XIV, Chapter 403, the following regulations set forth in the Pennsylvania
Code are amended as set forth below:
A.
Section 403.43(g): Delete the words "five years" and replace with
the words "three years."
B.
Section 403.43(h) shall read as follows: "The permit holder shall
keep a copy of the permit on the work site until the completion of
the construction or the issuance of a use and occupancy permit, whichever
comes later."
C.
Section 403.62(c)(1)(xvii) is deleted in its entirety.
D.
Section 403.64(d): Delete numbers 1 through 4 and replace with the
following:
E.
34 Pa. Code § 403.82 is hereby amended to read as follows:
|
A building code official shall follow the following procedures
if an inspection of an lawfully occupied building reveals a violation
of the Uniform Construction Code:
| ||
|
(1)
|
A construction code official shall discuss the inspection results
with the permit holder at the completion of the inspection.
| |
|
(2)
|
The building code official may issue a written notice of violation
to the permit holder. The notice is to contain a description of the
violation and an order requiring correction of the violation within
a reasonable period determined by the building code official. When
a violation relates to an unsafe building, structure or equipment,
a building code official shall act in accordance with § 403.84
(relating to unsafe building, structure or equipment).
| |
|
(3)
|
After the compliance date contained in the order, the building
code official shall inspect the building, structure or equipment to
determine whether the violation was corrected. The building code official
shall close the order if the violation was corrected. The building
code official may issue an order to show cause under § 403.83
(relating to order to show cause/order to vacate) to the owner for
a violation that was not corrected.
| |
