Township of Upper Frederick, PA International Code Council Electrical Code

A certain document, a copy of which is on file in the office of the Township Secretary of Upper Frederick Township, being marked and designated as the ICC Electrical Code Administrative Provisions, 2003 Edition, subject to the revisions below in § 112-17, be and is hereby adopted as the Electrical Code of Upper Frederick Township, in Montgomery County, Pennsylvania; for the regulation and control of electrical systems as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Electrical Code are hereby referred to, adopted and made a part hereof as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 112-17 of this article.

The ICC Electrical Code, 2003 Edition, as referenced in § 112-16, shall be revised as follows:

The following subsections and/or words in the code are hereby revised to substitute the following words for the original words contained in the ordinance [original language is contained in brackets]:

(1)

Section 101.1. Substitute "Upper Frederick Township" for [Name of Jurisdiction].

(2)

Substitute in all sections of the code "Code Enforcement Officer" for [The Building Official].

(3)

Substitute in all sections of the code "the Board of Supervisors" for [The Governing Body].

Section 202 is hereby revised to include the following additional definition:

"Occupied: As applied to a building, or portion thereof, shall be construed as though followed by the words, 'or intended, arranged or designed to be occupied, or having a certificate of use and occupancy'."

Section 301.1 is deleted in its entirety. A new § 301.1 is hereby enacted to read as follows:

"301.1 The Upper Frederick Township Code Enforcement Officer(s) shall enforce this code by utilizing approved third-party inspection agencies, who shall be selected and/or approved by the Code Enforcement Officer(s). Any and all costs or fees charged by the inspection agency shall be paid by the applicant."

Section 301.2 is deleted in its entirety. A new § 301.2 is hereby enacted to read as follows:

"301.2 Appointment. The Code Enforcement Officer(s) shall be appointed by the Board of Supervisors and shall serve at the pleasure of the Board of Supervisors."

The title of Section 302.8 is deleted in its entirety. A new title is hereby enacted to read as follows:

"Section 302.8 Code Enforcement Officer's Records."

Chapters 4 and 5 of the Code are deleted in their entirety.

Section 1003.1 is hereby revised to add the following sentence at the end of the section:

"Any person or persons who violate a provision of the code, or of a permit or certificate issued under the provisions of this code, shall be guilty of a summary offense, punishable by a fine of not less than $100, but not more than $1,000, or by imprisonment not exceeding 90 days, or both such fine and imprisonment."

Section 1101.1 is deleted in its entirety. A new § 1101.1 is hereby enacted to read as follows:

"1101.1 Appeals. Any person or persons shall have the right to appeal a decision of the Code Enforcement Officer to the Appeals Board in accordance with §§ 403.121 and 403.122 of the Uniform Construction Code, as amended as adopted by this Township. An application for an appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed.

"All such appeals shall be filed on a form obtained from the Code Enforcement Officer within 30 days after the notice of a decision was issued. The Appeals Board shall have exclusive jurisdiction over such appeals, and failure to appeal the decision of the Code Enforcement Officer to the Appeals Board renders the decision of the Code Enforcement Officer unappealable."

Section 1101.2 is deleted in its entirety. A new § 1101.2 is hereby enacted to read as follows:

"An application for an appeal shall be based on a claim that the true intent of this code, or the rules legally adopted thereunder, have been incorrectly interpreted, the provisions of this code do not apply, or an equivalent form of construction or materials is to be used."

Sections 1102 and 1103 are deleted in their entirety.