Newberry Township hereby elects to administer and enforce the
provisions of the Pennsylvania Construction Code Act, Act 45 of 1999,
as amended from time to time, and the regulations promulgated pursuant to the provisions
of the Pennsylvania Construction Code Act.
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 Municipal Building Code of
Newberry Township. In addition to the Uniform Construction Code as
contained in 34 Pa. Code Chapters 401 through 405, Newberry Township
hereby adopts the International Property Maintenance Code as a part
of the Municipal Building Code of Newberry Township.
Administration and enforcement of the code within Newberry Township
shall be undertaken in any of the following ways, as determined by
the Board of Supervisors of Newberry Township from time to time by
resolution:
A. By the designation of an employee of Newberry Township to serve as
the Municipal Code Official to act on behalf of Newberry Township;
B. By the retention of one or more construction code officials or third-party
agencies to act on behalf of the Township;
C. By agreement with one or more other municipalities for the joint
administration and enforcement of the Act through an intermunicipal
agreement;
D. By entering into a contract with another municipality for the joint
administration and enforcement of the Act on behalf of Newberry 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.
A Board of Appeals shall be established by resolution of the
Board of Supervisors of Newberry 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,
the Board of Appeals shall be established by joint action of the participating
municipalities.
All building code ordinances or portions of ordinances previously
adopted by Newberry Township are hereby repealed on the effective
date of this article. The following ordinances are hereby specifically
repealed as of the effective date of this article: Ordinance Nos.
222, 223, 224 and 225, all adopted November 13, 1989; Ordinance Nos.
236 and 237, adopted May 13, 1991; Ordinance No. 255, adopted March
8, 1994; and Ordinance No. 257, adopted May 11, 1994.
All relevant ordinances, regulations and policies of Newberry
Township not governed by the code shall remain in full force and effect.
Fees assessable by Newberry Township for the administration
and enforcement undertaken pursuant to this article and the code shall
be established, from time to time, by resolution of the Board of Supervisors
of Newberry Township.
This article shall be effective April 9, 2004.
If any section, subsection, sentence or clause of this article
is held, for any reason, to be invalid, such decision or decisions
shall not affect the validity of the remaining portions of this article.