[HISTORY: Adopted by the Board of Commissioners of the Township of
Upper Pottsgrove 5-12-2004 by Ord. No. 370.
Amendments noted where applicable.]
Upper Pottsgrove Township hereby elects to administer and enforce the
provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S.
§§ 7210.101-7210.1103, as amended from time to time, and its
regulations.
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 Upper Pottsgrove Township.
[1]
Editor's Note: Resolution No. 441, adopted 3-9-2005, adopted various
design criteria and appendices. Said resolution is on file in the Township
offices.
Administration and enforcement of the Code within Upper Pottsgrove Township
shall be undertaken in any of the following ways as determined by Upper Pottsgrove
Township Board of Commissioners from time to time by resolution:
A.
By the designation of an employee of Upper Pottsgrove
Township to serve as the Municipal Code Official to act on behalf of Upper
Pottsgrove Township;
B.
By the retention of one or more construction code officials
or third-party agencies to act on behalf of Upper Pottsgrove 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 Upper Pottsgrove
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.
[Added 4-13-2005 by Ord. No. 380;
amended 7-27-2005 by Ord. No. 384]
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,[1] shall require persons to obtain permits under the Upper Pottsgrove
Township Uniform Construction Code for all of the following:
A.
The construction, erection or placement of any accessory
structure which is equal to or greater than 200 square feet, whether or not
such accessory structure is connected to any utility.
B.
The construction, erection or placement of any accessory
structure which is less than 200 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.
C.
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.
(1)
Replacement of windows and doors when there is no change
in the size of the existing opening.
(2)
Reroofing of less than 25% of the total existing roof
square footage.
(3)
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.
(4)
Addition or replacement of siding on the exterior of
the residential structure.
(5)
Repair or replacement of any nonstructural portion of
a deck, porch or stoop.
(6)
Replacement of an appliance switch or receptacle with
a switch or receptacle which is the same or has a like rating.
(7)
The addition of one appliance switch or receptacle.
(8)
The repair or replacement of any nonstructural member.
(9)
The repair or replacement of any sink, toilet, tub, shower,
or similar plumbing fixture without relocation of any drain or venting device.
[1]
Editor's Note: See 35 P.S. § 7210.104.
A Board of Appeals shall be established by resolution of Upper Pottsgrove
Township Board of Commissioners 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 ordinances
which were adopted by Upper Pottsgrove 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 ordinance 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
Upper Pottsgrove Township not governed by the code shall remain in full force
and effect.
Fees assessable by Upper Pottsgrove Township for the administration
and enforcement undertaken pursuant to this chapter and the code shall be
established by Upper Pottsgrove Township Board of Commissioners by resolution
from time to time.
Any person who fails to comply with the provisions of this code or fails
to carry out an order made pursuant to this code or who violates any condition
attached to a permit, approval or certificate shall, upon conviction thereof,
be guilty of a summary offense punishable by a fine of not less than $100
nor more than $1,000. Each day that a violation continues after due notice
has been served shall be deemed a separate offense.
