[HISTORY: Article I adopted by the Borough Council of the Borough of Strausstown as indicated in article history. Subsequent articles adopted by the Board of Supervisors of the Township of Upper Tulpehocken. Amendments noted where applicable.]
[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.
A. 
All building code ordinances or portions of ordinances which were adopted by this municipality 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 requirement of the code, as amended from time to time.
B. 
All building code ordinances or portions of ordinances which are in effect as of the effective date of this article and whose requirements are less than the minimum requirements of the code are hereby amended to conform with the comparable provisions of the code.
C. 
All relevant ordinances, regulations and policies of this municipality not governed by the code shall remain in full force and effect.
D. 
Climatic, geographic, and inside/outside environmental standards for the local area as required by the respective codes are to be established by the Township of Upper Tulpehocken through separate resolution.
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.