1Amending the act of May 1, 1933 (P.L.103, No.69), entitled, as
2reenacted and amended, "An act concerning townships of the
3second class; and amending, revising, consolidating and
4changing the law relating thereto," further providing for
5building and housing regulations; repealing provisions
6relating to building and housing inspectors; and providing
7for Uniform Construction Code, property maintenance code and
8reserved powers.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 1517 of the act of May 1, 1933 (P.L.103,
12No.69), known as The Second Class Township Code, reenacted and
13amended November 9, 1995 (P.L.350, No.60), is amended to read:

14Section 1517. Building and Housing Regulations.--The board
15of supervisors may enact and enforce codes and ordinances to
16govern and regulate the construction, alteration, repair,
17occupation, maintenance, sanitation, lighting, ventilation,
18water supply, toilet facilities, drainage, use and inspection of
19all buildings and housing constructed, erected, altered,
20designed or used for any use or occupancy and the sanitation and
21inspection of land in accordance with Article XVII-A. [If any

1building and housing or structure is constructed, reconstructed,
2altered, repaired, converted or maintained or any building,
3housing or land is used in violation of any ordinance enacted
4under this section, the board of supervisors, in addition to
5penalties provided by the ordinances, may institute appropriate
6actions or proceedings at law or in equity to prevent and
7restrain the unlawful construction, reconstruction, alteration,
8repair, conversion, maintenance or use, to restrain, correct or
9abate the violation and to prevent the use or occupancy of the
10building, housing or structure.]

11Section 2. Section 1518 of the act is repealed:

12[Section 1518. Building and Housing Inspectors.--The board
13of supervisors may appoint one or more building and housing
14inspectors to enforce the building and housing regulations of
15the township and for the inspection of the construction,
16alteration, repair and sanitation facilities of buildings and
17housing in the township.]

18Section 3. The act is amended by adding an article to read:

19ARTICLE XVII-A

20UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE

21CODE AND RESERVED POWERS

22Section 1701-A. Definitions.

23The following words and phrases when used in this article
24shall have the meanings given to them in this section unless the
25context clearly indicates otherwise:

26"Uniform Construction Code." The Uniform Construction Code
27adopted in accordance with the act of November 10, 1999
28(P.L.491, No.45), known as the Pennsylvania Construction Code
29Act.

30Section 1702-A. Primacy of Uniform Construction Code.

1(a) General rule.--The Uniform Construction Code shall apply
2to the construction, alteration, repair and occupancy of all
3buildings and structures within a township.

4(b) Primacy.--This section and any ordinance, rule or
5regulation adopted pursuant to this section, including any
6ordinance exceeding the requirements of the Uniform Construction
7Code, shall not supersede or abrogate the act of November 10,
81999 (P.L.491, No.45), known as the Pennsylvania Construction
9Code Act, and shall conform to, and be construed and read in
10pari materia with the provisions of that act.

11Section 1703-A. Public nuisance.

12Any building, housing or property, or part of any building,
13housing or property erected, altered, extended, reconstructed,
14removed or maintained, contrary to any of the provisions of any
15ordinance passed for any of the purposes specified in this
16article may be declared, by a court of law, a public nuisance,
17and may be abatable as such. However, a violation of the Uniform
18Construction Code or any ordinance that equals or exceeds the
19Uniform Construction Code shall be subject to the provisions of
20the Uniform Construction Code and the regulations adopted
21thereunder by the Department of Labor and Industry relating to
22enforcement for noncompliance.

23Section 1704-A. Property maintenance code.

24(a) Property maintenance code.--Notwithstanding the primacy
25of the Uniform Construction Code, the township supervisors may
26enact a property maintenance ordinance, and they may incorporate
27any standard or nationally recognized property maintenance code,
28or any variations or changes or parts of the code, published and
29printed in book form, without incorporating the text of the code
30in the ordinance, or the supervisors may enact any standard or

1nationally recognized property maintenance code or any changes
2or variations or parts, as the ordinance. In either event, the
3proposed ordinance, or a brief summary of the proposed
4ordinance, shall be published not more than 60 days nor less
5than seven days before passage at least once in one newspaper
6circulating generally in the township. The notice shall state
7the time and place of the meeting and the particular nature of
8the ordinance to be considered. The notice shall also state
9where copies of the proposed ordinance and property maintenance
10code can be examined or obtained at cost. A property maintenance
11code adopted by reference need not be recorded in or attached to
12the ordinance book, but shall be deemed to have been legally
13recorded if the ordinance by which the code was adopted by
14reference shall have been recorded, with an accompanying
15notation stating where the full text of the code has been filed.
16The ordinance may provide for reasonable property fines and
17penalties for violations of the ordinance. The procedure under
18this section relating to the adoption of the ordinance may
19likewise be utilized in amending, supplementing or repealing any
20of the provisions of the ordinance.

21(b) Code enforcement officers.--The township supervisors may
22appoint code enforcement officers who shall have the right to
23enter upon and inspect any premises, subject to constitutional
24standards, at all reasonable hours and in a reasonable manner
25for the administration and enforcement of the township's
26property maintenance code. Any fees payable to code enforcement
27officers under the ordinance shall be promptly paid by them to
28the township treasurer for the use of the township.

29(c) Legal actions.--In addition to the penalties provided by
30the property maintenance ordinance, the township may institute

1appropriate actions or proceedings at law or in equity to
2prevent or restrain property maintenance violations.

3(d) Construction.--The powers of a township as provided in
4this section shall be in addition to, but not limited to, the
5powers provided in the act of November 26, 2008 (P.L.1672,
6No.135), known as the Abandoned and Blighted Property
7Conservatorship Act, 53 Pa.C.S. Ch. 61 (relating to neighborhood
8blight reclamation and revitalization) and 68 Pa.C.S. Ch. 21
9(relating to land banks).

10Section 1705-A. Reserved powers.

11If, as a result of legislative action or final order of court
12for which the time for appeal has expired and no appeal has been
13taken or from which there is no pending appeal, the Uniform
14Construction Code or any replacement code is no longer
15applicable in townships, the township supervisors may:

16(1) Enact and enforce ordinances to govern and regulate
17the construction, reconstruction, alteration, extension,
18repair, conversion, maintenance, use or occupation, and
19provide for the approval, inspection and enforcement of the
20ordinance as it relates to the property. The codes may be
21combined or separately enacted or combined with the property
22maintenance code. The township supervisors may adopt, amend
23or incorporate by reference any standard or nationally
24recognized code or any variations or changes or parts of the
25code as its ordinance in the manner provided in section 1704-
26A. The ordinance may provide for reasonable fines and
27penalties for violations of the ordinance.

28(2) Require that before any construction,
29reconstruction, alteration, extension, repair or conversion
30of any building has begun, approval of the plans and

1specifications shall be secured.

2(3) The township supervisors may appoint building
3inspectors, housing inspectors, code enforcement officers,
4fire prevention inspectors, electrical inspectors and
5plumbing inspectors and fix their compensation. The
6inspectors shall have the right to enter upon, subject to
7constitutional standards, and inspect any premises at all
8reasonable hours and in a reasonable manner, for the
9administration and enforcement of the township's adopted
10codes or ordinances incorporating standard or nationally
11recognized codes. Any fees payable to inspectors under the
12ordinances shall be promptly paid by them to the township
13treasurer for the use of the township.

14(4) In addition to the penalties provided by ordinances,
15the township may institute appropriate actions or proceedings
16at law or in equity to prevent or restrain the unlawful
17construction, reconstruction, alteration, extension, repair,
18conversion, maintenance, use or occupation of property
19located within the township, to restrain, correct or abate
20the violation and to prevent the use or occupancy of the
21building, housing or structure.

22Section 4. Nothing in this act shall be construed to repeal
23or modify any township ordinance in effect on the effective date
24of this act or affect any proceeding or enforcement of any
25township ordinance instituted prior to the effective date of
26this act.

27Section 5. This act shall take effect in 60 days.