34 Pa. Code § 403.102 - Municipalities electing to enforce the Uniform Construction Code
(a) A municipality
which elects to enforce the Uniform Construction Code shall enact an ordinance
adopting the Uniform Construction Code as its municipal building code under
section 501(a) of the act (35 P. S. §
7210.501(a)).
(b) The initial election period is from April
9, 2004, through July 8, 2004. A municipality shall enact an ordinance adopting
the Uniform Construction Code by July 8, 2004.
(c) A municipality shall submit written
notification to the Department of adoption of the ordinance and the following
information within 30 days of its adoption:
(1) The number and date of adoption of the
ordinance.
(2) The name of building
code official .
(3) The business
address of building code official .
(4) The business phone number of building
code official .
(5) The electronic
mail address of building code official , if available.
(d) A municipality may retain ordinances in
effect on July 1, 1999, that contain standards that equal or exceed the Uniform
Construction Code under section 303(b) of the act (35 P. S. §
7210.303(b)).
(e) A municipality that administers and
enforces the Uniform Construction Code may cease administration and enforcement
if it provides 180 days notice to the Department of its intention to adopt an
ordinance ceasing administration and enforcement.
(f) A municipality shall notify the
Department in writing within 30 days of any changes to the information it
provided under subsections (b) and (e).
(g) A municipality that elects to administer
and enforce the Uniform Construction Code shall utilize any of the following
ways under section 501(b) of the act :
(1)
Employ at least one construction code official and designating an employee to
serve as a building code official .
(2) Retaining one or more third-party
agencies.
(3) Utilizing an
intermunicipal agreement under
53 Pa.C.S. §§
2301-2315 (relating to
intergovernmental cooperation).
(4)
Contracting with another municipality.
(5) Contracting with the Department for plan
reviews, inspection and enforcement of structures other than one-family and
two-family dwelling units and utility and miscellaneous use
structures.
(h) A
municipality may charge fees under §
401.2a (relating to municipal and
third-party agency fees).
(i) A
municipality may enact an ordinance containing standards that equal or exceed
the Uniform Construction Code as adopted by §
403.21 (relating to the Uniform
Construction Code ) under section 503 of the act (35 P. S. §
7210.503) after Department review and
approval. A municipality may enact ordinances under this section which adopt
additional code requirements for alterations or repairs to residential
buildings. A municipality may enact ordinances under this section which adopt
stricter code requirements than required by the act for the regulation of
utility and miscellaneous use structures. The municipality shall notify the
Department of the proposed ordinance and submit the following to the Department
for its review:
(1) The complete
ordinance.
(2) The information
required in subsection (c).
(3) A
detailed statement containing the differences between the proposed ordinance
and the Uniform Construction Code including code sections affected by the
changes and how the ordinance will equal or exceed the Uniform Construction
Code .
(4) The time and place of
public hearing.
(j) The
Department will review all proposed ordinances that are filed with the
Department in accordance with section 503(f) and (i) of the act (35 P. S. §
7210.503(f) and (i)). The
Department will provide written notification of its findings to the
municipality including the Department 's finding on the municipality's
compliance with section 503(b) of the act .
(k) A written challenge of an ordinance is
governed by the following:
(1) An aggrieved
party may file a written challenge of an ordinance within 30 days of its
enactment with the Department and shall serve a copy of the challenge upon the
municipality under section 503(j) of the act .
(2) The Secretary will issue a ruling on the
challenge within 45 days of receipt of the filing of the last challenge to the
ordinance or within 30 days of the Department hearing on the challenge,
whichever occurs last, under section 503(k) of the act .
(l) A municipality may enact an ordinance
relating to the administration and enforcement of the Uniform Construction Code
that meets or exceeds the requirements of the following sections:
(3) Section
403.43(b), (c), (g), (h) and
(k) (relating to grant, denial and effect of
permits).
(4) Section
403.44 (relating to alternative
construction material and methods).
(5) Section
403.45 (relating to
inspections).
(7) Section
403.47 (relating to public utility
connections).
(9) Section
403.64 (relating to
inspections).
(11) Section
403.66 (relating to public utility
connections).
(12) Section
403.81(a) and (b)
(relating to stop work order).
(13)
Section 403.82 (relating to notice of
violations).
(14) Section
403.83 (relating to order to show
cause/ order to vacate).
(16) Section
403.85(a)-(c)
(relating to release, retention and sharing of commercial construction
records).
(m) A
municipality may utilize forms provided by the Department of Community and
Economic Development as the permit application under §§
403.42a and
403.62a.
(n) A municipality will provide a list of all
other required permits necessary before issuance of the building permit . A
municipality will not be liable for the completeness of any list.
(o) The Department will enforce Chapter 11
(Accessibility) of the Uniform Construction Code and other accessibility
requirements contained in or referenced by the Uniform Construction Code until
a municipality employs or contracts with a code administrator certified as an
accessibility inspector/plans examiner under this part.
(p) A municipality may observe Department
inspections of State-owned buildings in its jurisdiction under section
105(b)(1) of the act (35 P. S. §
7210.105(b)(1)). A
municipality may review all building plans and plan review documents for
State-owned buildings in the Department 's custody.
(q) A municipality may enact an ordinance
imposing the code requirements spelled out in section 503(a)(2) of the act
(35
P. S. §
7210.503(a)(2))
on the structures exempted under §
403.1(b)(12)
(relating to scope).
Notes
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