[Adopted by the Borough Council of the Borough of Strausstown 6-7-2004 by Ord. No. 06-04; amended in its entirety by the Board of Supervisors of the Township
of Upper Tulpehocken at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Township of Upper Tulpehocken 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.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401 through 405, as amended from time to time, is hereby adopted and
incorporated herein by reference as the Building Code of the Township
of Upper Tulpehocken.
Administration and enforcement of the code within the Township
of Upper Tulpehocken shall be undertaken in any of the following ways
as determined by the Board of Supervisors of the Township of Upper
Tulpehocken, from time to time, by resolution:
A. By the designation of an employee of the Township of Upper Tulpehocken
to serve as the Township of Upper Tulpehocken Code Official to act
on behalf of the Township of Upper Tulpehocken;
B. By the retention of one or more construction code officials or third-party
agencies to act on behalf of the Township of Upper Tulpehocken;
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 the Township of Upper Tulpehocken;
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.
A Board of Appeals shall be established by resolution of the
governing body of this municipality 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 boards of appeals shall be established by joint action of the
participating municipalities.
Fees assessable by the Township of Upper Tulpehocken for the
administration and enforcement undertaken pursuant to this article
and the code shall be established by the Township of Upper Tulpehocken
through resolution from time to time.
[Added 1-3-2005 by Ord.
No. 01-05]
The Township of Upper Tulpehocken hereby elects to amend the
definition of "utility and miscellaneous use structures" as follows:
"Buildings or structures of an accessory character and miscellaneous
structures not classified by the Building Officials and Code Administrators
International, Inc., in an specific use group. The term includes carports,
detached private garages, greenhouses and sheds having a building
area less than 200 square feet. The term does not include swimming
pools or spas."
Any person who fails to comply with the provisions of this article
or who fails to carry out an order made pursuant to this article or
who violates any condition attached to a permit, approval or certificate
shall, upon conviction thereof, be guilty of a summary offense punishable
by a fine of not less than $100 nor more than $1,000. Each day that
a violation continues after due notice has been served shall be deemed
a separate offense.
The provisions of this article are severable, and if any section,
sentence, clause or provision hereof shall be held illegal, invalid
or unconstitutional by any court of competent jurisdiction, such decision
of the court shall not affect or impair the remaining sections, sentences,
clauses or provisions of this article. It is hereby declared to be
the intent of the Board of Supervisors that this article would have
been adopted if such illegal, invalid or unconstitutional section,
sentence, clause or provision had not been included herein.
The provisions of this article, so far as they are the same
as those of ordinances and regulations in force immediately prior
to the enactment of this article, are intended as a continuation of
such ordinances and regulations and not as new enactments. The provisions
of this article shall not affect any act done or liability incurred,
nor shall they affect any suit of prosecution pending or to be instituted
to enforce any repealed ordinances or regulations.