[Adopted 6-10-2004 by Ord. No. 04-03]
A. 
This Township hereby 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.
B. 
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401-405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of this Township.
Administration and enforcement of the code within this Township shall be undertaken in any of the following ways as determined by the governing body of this Township from time to time by resolution:
A. 
By the designation of an employee of the Township to serve as the Code Enforcement Officer to act on behalf of the Township;
B. 
By the retention of one or more construction code officials 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 article through an intermunicipal agreement;
D. 
By entering into a contract with another Township for the administration and enforcement of this article on behalf of the 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 governing body of this 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.
[Amended 6-13-2005 by Ord. No. 05-06]
A. 
All building code ordinances or portions of ordinances which were adopted by this 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 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 Township not governed by the code shall remain in full force and effect.
D. 
Section 403.42.
(1) 
Section 403.42 of the Uniform Construction Code shall be amended by deleting Subsection (c)(1)(iii) which reads:
"Retaining walls which are not over four feet in height measured from the lowest level of grade to the top of the wall, unless it is supporting a surcharge or impounding class I, II or III-A liquids."
(2) 
Section 403.42 is further amended by deleting in its entirety Subsection (c)(1)(v). A new Subsection (c)(1)(v) is hereby enacted to read as follows:
"Sidewalks and driveways that are 17 inches or less above adjacent grade and not placed over a basement or story below it."
E. 
Subsection 403.43(g) is hereby deleted in its entirety. A new Subsection 403.43(g) is hereby enacted to read as follows:
"A permit becomes invalid pursuant to the provisions of Article I, Code Enforcement Procedures, § 112-4C of this chapter."
F. 
Section 403.45 is hereby amended by adding Subsection 403.45(f) to read as follows:
"The Code Enforcement Officer shall have all rights of entry in accordance to the provisions of Article I, Code Enforcement Procedures, § 112-3C."
G. 
Section 403.62.
(1) 
Section 403.62 of the Uniform Construction Code is hereby amended by deleting Subsection (c)(1)(ii) which read:
"Retaining walls that are not over four feet in height measured from the lowest level of grade to the top of the wall unless the wall supports a surcharge."
(2) 
Section 403.62 is further amended by deleting in its entirety Subsection (c)(1)(iv). A new Subsection (c)(1)(iv) is hereby enacted to read as follows:
"Sidewalks and driveways that are 17 inches or less above adjacent grade and not placed over a basement or story below it."
(3) 
Section 403.62 is further amended by deleting in its entirety Subsection (c)(1)(xvii). A new Subsection (c)(1)(xvii) is hereby enacted to read as follows:
"Installation of an uncovered deck where the floor of the deck is no more than eight inches above grade."
H. 
Section 403.64 is hereby amended by adding Subsection 403.64(h) to read as follows:
"The Code Enforcement Officer shall have all rights of entry in accordance to the provisions provided in Article I, Code Enforcement Procedures, § 112-3C."
I. 
Section 403.82 is hereby deleted in its entirety. A new Section 403.82 is hereby enacted to read as follows:
"(a)
The Code Enforcement Officer shall proceed as provided in Article I, Code Enforcement Procedures, § 112-5, Violations and penalties; unfit buildings, if an inspection reveals a violation of the Uniform Construction Code.
"(b)
Penalties for violations of this article are permitted as provided under Article I, Code Enforcement Procedures, § 112-5B."
J. 
Section 403.84 is hereby deleted in its entirety. A new Section 403.84 is hereby enacted to read as follows:
"(a)
The Code Enforcement Officer shall follow the provision of Article I, Code Enforcement Procedures, § 112-5C, in the event he determines a building, structure or equipment is unsafe.
"(b)
The Department may seal an elevator for an unsafe condition under Section 105(c)(1) of the Act [35 P.S. § 7210.105(c)(1)]. The Department is the only entity that may remove or authorize the removal of a seal if an owner abates or corrects the unsafe condition."
K. 
In addition to all types of construction, placement of structures, repairs and alterations for which the Uniform Construction Code requires a permit, the Township, pursuant to the authorization of Act 92 of 2004, shall require persons to obtain permits under the Upper Frederick Township Uniform Construction Code for all of the following:
(1) 
The construction, erection or placement of any accessory structure which is equal to or greater than 250 square feet, whether or not such accessory structure is connected to any utility.
(2) 
The construction, erection or placement of any accessory structure which is less than 250 square feet, if such accessory structure is provided with any utility service. The applicant shall obtain a permit only for the purpose of inspection for the utility or utilities being installed or provided to the accessory structure.
(3) 
All alterations or repairs to residential buildings which are exempt from the UCC by Act 92 of 2004; provided, however, that the following types of alterations and repairs shall continue to be exempt, and no permit will be required.
(a) 
Replacement of windows and doors when there is no change in the size of the existing opening.
(b) 
Reroofing of less than 25% of the total existing roof square footage.
(c) 
Replacement of hot water heater, boiler or furnace, or the replacement of any part of a hot water heater, boiler or furnace with the same efficiency rating, electrical and plumbing requirements.
(d) 
Addition or replacement of siding on the exterior of the residential structure.
(e) 
Repair or replacement of any nonstructural portion of a deck, porch or stoop.
(f) 
Replacement of an appliance switch or receptacle with a switch or receptacle which is the same or has a like rating.
(g) 
The addition of one appliance switch or receptacle.
(h) 
The repair or replacement of any nonstructural member.
(i) 
The repair or replacement of any sink, toilet, tub, shower or similar plumbing fixture without relocation of any drain or venting device.
Fees assessable by the Township for the administration and enforcement undertaken pursuant to this article and the code shall be established by the governing body by resolution from time to time.