This municipality hereby elects to administer and enforce the
provisions of the Pennsylvania Construction Code Act, Act of November
10, 1999, Act 45 of 1999, 35 P.S. §§ 7210.101 through
7210.1103, as amended from time to time, and its regulations, as amended
from time to time.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401 through 405, inclusive, and as amended from time to time, is hereby
adopted and incorporated herein by reference as the municipal building
code of the Township of Derry, Mifflin County, Pennsylvania.
Administration and enforcement of the code within this municipality
shall be undertaken in any of the following ways as determined by
the governing body of this municipality, from time to time, by resolution:
A. By the designation of an employee of the municipality to serve as
the municipal code official to act on behalf of the municipality;
B. By the retention of one or more construction code officials or third-party
agencies to act on behalf of the municipality;
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 municipality;
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 this municipality 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. At any time, if 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.
The following shall apply as to existing building code ordinances
or portions of ordinances, if any, heretofore adopted by the Township
of Derry, Mifflin County, Pennsylvania:
A. All building code ordinances or portions of ordinances which were
adopted by this municipality 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 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 relevant ordinances, regulations and policies of this municipality
not governed by the code shall remain in full force and effect.
Fees assessable by the municipality for the administration and
enforcement undertaken pursuant to this chapter and the code shall
be established by the governing body, by resolution from time to time.
The effective date of this chapter shall be May 15, 2004, which
is at least five days after the date of adoption of this chapter.