[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Mount Bethel 6-14-2004 by Ord. No. 2004-02. Amendments noted where applicable.]
All recitals are herein incorporated by reference.[1]
[1]
Editor's Note: The recitals may be found in the preamble of the complete copy of Ord. No. 2004-02 which is on file in the Township offices.
Upper Mount Bethel Township hereby adopts the PA Uniform Construction Code and elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 to 7210.1103, as amended from time to time, and its regulations promulgated pursuant thereto.
The Uniform Construction Code, contained in Title 34 Pa. Code, Chapters 401 to 405, as amended from time to time, is hereby adopted and incorporated herein by reference as the Municipal Building Code of Upper Mount Bethel Township.
Administration and enforcement of the Code within the Township shall be undertaken in any of the following ways as determined by the Township Board of Supervisors from time to time by resolution:
A. 
By the designation of an employee of the Township to serve as the municipal code official to act on behalf of the 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 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 Upper Mount Bethel 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 Upper Mount Bethel 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.
A. 
All building code ordinances or portions of other Township ordinances that were adopted by Upper Mount Bethel 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.
B. 
All building code ordinances or portions of other Township ordinances that are in effect as of the effective date of this chapter 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 other Township ordinances, resolutions, regulations and policies of Upper Mount Bethel Township not governed by the Code shall remain in full force and effect.
Fees assessable by the Township for the administration and enforcement undertaken pursuant to this chapter and the Code shall be established by the Board of Supervisors by resolution from time to time.
The terms, conditions and provisions of this chapter are severable. If any such term, condition or provision of this chapter is, for any reason, found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining terms, conditions or provisions of this chapter and, it is hereby declared to be the intent of the Township that this chapter would have been adopted and enacted had such unconstitutional, illegal or invalid term, condition or provision not been included herein.
Pursuant to the Second Class Township Code, this chapter takes effect on July 8, 2004, as permitted by 53 P.S. § 66601(a).