#39

Township of Pine

Indiana County, Pennsylvania

Ordinance Number 39

Whereas, the purpose of this ordinance is to promote the general health, safety and welfare of the citizens of this Municipality and to conform to the requirements of the Pennsylvania Construction Code Act and regulations to the Act promulgated by the Pennsylvania Department of Labor and Industry (hereinafter sometimes collectively referred to as the "Code"); and

Whereas, the Pennsylvania Construction Code Act requires the enactment of an appropriate ordinance by municipalities electing to administer and enforce the building code provisions of the Code.

Now, therefore, it is hereby enacted and ordained as follows:

This Municipality 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 this Municipality.

Administration and enforcement of the Code within Pine Township shall be undertaken in any of the following ways as

determined by the governing body of this Township from time to time by resolution:

By the designation of an employee of the Township to serve as the township code official to act on behalf of the

Township;

By the retention of one or more construction code officials or party agencies to act on behalf of Pine Township.

By agreement with one or more other municipality for the administration and enforcement of this Act through an

inter-municipal agreement;

By entering into a contract with another municipality for the administration and enforcement of this Act on behalf

of Pine Township.

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.

4. A board of Appeals shall be established by resolution of the governing body of this Municipality in conformity with the requirements of the relevant provisions of the Code, as amended form 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.

5. a. All building code ordinances or portions of ordinances which were adopted by Pine 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 for 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 Pine Township not governed by the Code shall remain in full force and effect.

Fees assessable by Pine Township for the administration and enforcement undertaken pursuant to this ordinance and

the Code shall be established by the governing body by resolution from time to time.

This ordinance shall be effective five days after the it's date of passage.

If any section, subsection, sentence, or clause of this ordinance is held, for any reason, to be invalid, such decision

or decisions shall not affect the validity of the remaining portions of this ordinance.

DULY ENACTED AND ORDAINED this 6th day of July, 2004, by the TOWNSHIP SUPERVISORS OF PINE TOWNSHIP in a public session duly assembled.

Township Seal

PINE TOWNSHIP

James Shirley

Charles Marcenzo

Harold Michaels

Attest: Jennifer Lindahl