Township of East Nottingham, PA
Chester County
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Table of Contents
Table of Contents

§ 5-101 Election to Administer and Enforce Uniform Construction Code.

[Ord. 2004-1, 6/14/2004, § 1]
The Board of Supervisors of East Nottingham Township hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. § 7210.101 et seq., as amended from time to time, and its regulations, which shall be deemed "opting in."

§ 5-102 Adoption of Uniform Construction Code.

[Ord. 2004-1, 6/14/2004, § 2]
The Uniform Construction Code, contained in 34 Pa. Code, Chapter 401 et seq., as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of East Nottingham Township.

§ 5-103 Administration and Enforcement.

[Ord. 2004-1, 6/14/2004, § 3]
1. 
Administration and enforcement of the Code within East Nottingham Township shall be undertaken in any of the following ways as determined by the governing body of East Nottingham Township from time to time by resolution:
A. 
By the designation of an employee of East Nottingham Township to serve as the municipal code official to act on behalf of East Nottingham Township.
B. 
By the retention of one or more construction code officials or third-party agencies to act on behalf of East Nottingham Township.
C. 
By agreement with one or more other municipalities for the joint administration and enforcement of the code through an intermunicipal agreement.
D. 
By entering into a contract with another municipality for the administration and enforcement of the code on behalf of East Nottingham 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 utility and miscellaneous use structures.

§ 5-104 Establishment of a Board of Appeals.

[Ord. 2004-1, 6/14/2004, § 4]
A Board of Appeals shall be established by resolution of the governing body of East Nottingham Township in conformity with the requirements of the relevant provisions of the Code, as amended from time to time, and for the purposes set forth 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.

§ 5-105 Savings Clause as to the Existing Ordinances.

[Ord. 2004-1, 6/14/2004, § 5]
1. 
All building code ordinances or portions of ordinances which were adopted by East Nottingham 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.
2. 
All building 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 code are hereby amended to conform with the comparable provisions of the code.
3. 
All relevant ordinances, regulations and policies of this Township not governed by the code shall remain in full force and effect.

§ 5-106 Fees.

[Ord. 2004-1, 6/14/2004, § 6]
Fees assessable by East Nottingham Township for the administration and enforcement undertaken pursuant to this Part and the code shall be established by the governing body by resolution from time to time.

§ 5-111 Short Title.

[Res. 51-2007, 6/18/2007, § 1]
This Part shall be known as the "East Nottingham Township Construction Inspection Resolution."

§ 5-112 Purpose.

[Res. 51-2007, 6/18/2007, § 2]
The purpose of this Part is to ensure the proper administration and enforcement of the UCC within the Township of East Nottingham by permitting an employee or appointed third-party agent of the Township to be present for all inspections of residential and commercial construction.

§ 5-113 Definition of Terms.

[Res. 51-2007, 6/18/2007, § 3]
BUILDER
The holder of a building permit or his agent.
CODE ENFORCEMENT OFFICER
A person employed by East Nottingham Township or a person, firm or corporation retained by East Nottingham Township who is certified by the Department under the Uniform Construction Code to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations adopted pursuant to the UCC and related East Nottingham Township ordinances.
DEPARTMENT
The Pennsylvania Department of Labor and Industry.
PRIVATE CONSTRUCTION CODE OFFICIAL
A person certified by the Department in accord with the Pennsylvania Construction Code Act to conduct plan review of construction documents and inspect construction and who is not an employee of East Nottingham Township and is not an entity retained by East Nottingham Township.
TOWNSHIP BUILDING INSPECTOR
A person, firm or corporation employed or retained by East Nottingham Township and certified by the Department as a construction code official and contracted to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations under this Part.

§ 5-114 Requirements.

[Res. 51-2007, 6/18/2007, § 4]
1. 
The following provisions shall apply to all inspections of residential and commercial construction conducted in East Nottingham Township by a private construction code official:
A. 
At the time of the building permit application the applicant shall provide the following information:
(1) 
A copy of the third party agency certificate issued by the Pennsylvania Department of Labor and Industry.
(2) 
Copies of certification and/or registration cards issued by the Pennsylvania Department of Labor and Industry for all plan reviewers and inspectors that will be providing services within the Township.
(3) 
Full and complete design documents signed and dated by a certified plan reviewer. These documents shall meet all requirements of the UCC.
B. 
The builder or private construction code official shall contact the Code Enforcement Officer of East Nottingham Township at least 48 hours prior to having a private construction code official perform any inspections of on-site construction.
C. 
The builder shall supply East Nottingham Township with the day and time that an inspection will occur.
D. 
The builder shall permit the Township building inspector to observe and verify that the person inspecting is the certified inspector.
E. 
It shall be unlawful for any person, firm or corporation to conduct any aspect of an inspection without the Township building inspector being present.
F. 
These requirements shall apply to inspections of footings, foundations, slab, framing and/or masonry, insulation, rough sprinkler, close up/wall board, electrical, plumbing and mechanical inspections including rough plumbing, underground, mechanical as well as final inspections of the aforementioned work and any other inspection deemed necessary by the Township Code Enforcement Officer to ensure compliance with the UCC.

§ 5-115 Remedies.

[Res. 51-2007, 6/18/2007, § 5]
In the case of any inspections that are performed by a person, firm or corporation other than the Township building inspector, where the Township was not provided notice of the inspection(s) in accord with § 5-114 of this Part, the Township shall be entitled to issue a cease and desist order and may institute any appropriate action or proceeding to prevent such unlawful activities; to restrain, correct or abate such violations; or to prevent any illegal act, conduct, business, or use in or about such premises. Any construction which proceeds without at least 48 hours' advance notice (exclusive of Saturdays, Sundays and holidays) to Township shall be uncovered or otherwise made available for inspection by the Township building inspector at builder's expense.

§ 5-116 Penalties.

[Res. 51-2007, 6/18/2007, § 6; as amended by Ord. 2009-21, 11/16/2009]
Any person, firm, or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Whenever such person, firm, or corporation, shall have been notified by the Township that he is committing a violation of this Part, each day's continuance of such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now collected by law.