[Adopted 3-23-2004 by Ord. No. 307]
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,[1] and the regulations promulgated pursuant to the provisions of the Pennsylvania Construction Code Act.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
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All building code ordinances or portions of ordinances previously adopted by Newberry Township are hereby repealed on the effective date of this article. The following ordinances are hereby specifically repealed as of the effective date of this article: Ordinance Nos. 222, 223, 224 and 225, all adopted November 13, 1989; Ordinance Nos. 236 and 237, adopted May 13,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.