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COMMONWEALTH OF PENNSYLVANIA

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34 Pa. Code § 403.102. Municipalities electing to enforce the Uniform Construction 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:

   (1)  Section 403.42(b) and (c) (relating to permit requirements and exemptions).

   (2)  Section 403.42a(a)—(e) and (g)—(n) (relating to permit application).

   (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).

   (6)  Section 403.46 (relating to certificate of occupancy).

   (7)  Section 403.47 (relating to public utility connections).

   (8)  Section 403.62(a)—(e) (relating to permit requirements and exemptions).

   (9)  Section 403.64 (relating to inspections).

   (10)  Section 403.65 (relating to certificates of occupancy).

   (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).

   (15)  Section 403.84(a)—(e) (relating to unsafe building structure or equipment).

   (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).

Source

   The provisions of this §  403.102 amended December 15, 2006, effective December 31, 2006, 36 Pa.B. 7548; amended December 24, 2009, effective December 31, 2009, 39 Pa.B. 7196. Immediately preceding text appears at serial pages (323818) to (323821).

Cross References

   This section cited in 34 Pa. Code §  403.41 (relating to commercial construction); 34 Pa. Code §  403.42a (relating to permit application); 34 Pa. Code §  403.61 (relating to residential buildings); and 34 Pa. Code §  403.62a (relating to permit application).



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