[HISTORY: Adopted by the Board of Commissioners of Colebrookdale Township 6-21-2004 by Ord. No. 7-2004. Amendments noted where applicable.]
The provisions of the Pennsylvania Construction Code Act (as set forth in Act 45 of 1999, 35 P.S. §§ 7210.101 through 7210.1103, as amended from time to time) and the regulations to the Act promulgated by the Pennsylvania Department of Labor and Industry Uniform Construction Code (as set forth in 34 Pa. Code, Chapters 401 through 405, as amended from time to time), are hereby adopted and incorporated herein by reference as the Municipal Construction Code of the Township.
The Township 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 construction code regulations promulgated by the Pennsylvania Department of Labor and Industry Uniform Construction Code (as set forth in 34 Pa. Code, Chapters 401 through 405, as amended from time to time).
Administration and enforcement of the Code within the Township shall be undertaken in any of the following ways as determined by the Board of Commissioners of the Township from time to time by resolution:
A. 
By the designation of the Township Code Enforcement Officer, or other Township employee, 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 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 this 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.
The provisions of the Code shall be amended as follows:
A. 
"Colebrookdale Township" shall be substituted for [NAME OF JURISDICTION] throughout the Code.
B. 
The Colebrookdale Township Code Enforcement Officer is hereby appointed as the person authorized to enforce the provisions of the Code within Colebrookdale Township. All references throughout the Code to the "Building Official" shall be deemed to refer to the Colebrookdale Township Code Enforcement Officer.
C. 
34 Pa. Code § 403.42a.(e) shall be amended by the addition of the following language: "The required documents shall also include all plans, profiles, and details necessary to demonstrate compliance with the required provisions of the Uniform Construction Code and adopted Supplements relating to Accessibility requirements."[1]
[1]
Editor's Note: Original Subsection D, regarding permits for decks, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A Board of Appeals shall be established by resolution of the Board of Commissioners of the 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 us undertaken jointly with one or more other municipalities, said Board of Appeals shall be established by joint action of the participating municipalities.
The following ordinances of the Township are hereby repealed in whole or in part:
A. 
Ordinances No. 5-97, 6-97, 7-97, 8-97, 9-97, and 5-2004 are hereby repealed in their entirety.
B. 
All other ordinances or parts of ordinances in conflict with the terms of this chapter are hereby specifically repealed.
C. 
All other relevant ordinances, regulations and policies of the 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 Commissioners by resolution from time to time.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceedings. If the penalty is not paid, the Township shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Township may enforce this chapter in equity in the Court of Common Pleas of Berks County.
If any provisions of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect the other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are declared to be severable.
Nothing in this chapter nor in the Code adopted herein, shall be construed to affect any suit or proceeding presently pending in any court, or any rights acquired, or liability incurred, or any cause of action acquired or existing under any act or ordinance hereby repealed by the Code herein adopted. No legal right nor remedy of any character shall be lost, impaired, or affected by this chapter.