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PRINTER'S NO. 954
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
793
Session of
2015
INTRODUCED BY HUTCHINSON, EICHELBERGER, McGARRIGLE, WOZNIAK AND
BLAKE, MAY 20, 2015
REFERRED TO LOCAL GOVERNMENT, MAY 20, 2015
AN ACT
Amending the act of May 1, 1933 (P.L.103, No.69), entitled, as
reenacted and amended, "An act concerning townships of the
second class; and amending, revising, consolidating and
changing the law relating thereto," in corporate powers,
further providing for building and housing regulations and
repealing provisions relating to building and housing
inspectors; and providing for Uniform Construction Code,
property maintenance code and reserved powers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1517 of the act of May 1, 1933 (P.L.103,
No.69), known as The Second Class Township Code, reenacted and
amended November 9, 1995 (P.L.350, No.60), is amended to read:
Section 1517. Building and Housing Regulations.--The board
of supervisors may enact and enforce codes and ordinances to
govern and regulate the construction, alteration, repair,
occupation, maintenance, sanitation, lighting, ventilation,
water supply, toilet facilities, drainage, use and inspection of
all buildings and housing constructed, erected, altered,
designed or used for any use or occupancy and the sanitation and
inspection of land in accordance with Article XVII-A. [If any
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building and housing or structure is constructed, reconstructed,
altered, repaired, converted or maintained or any building,
housing or land is used in violation of any ordinance enacted
under this section, the board of supervisors, in addition to
penalties provided by the ordinances, may institute appropriate
actions or proceedings at law or in equity to prevent and
restrain the unlawful construction, reconstruction, alteration,
repair, conversion, maintenance or use, to restrain, correct or
abate the violation and to prevent the use or occupancy of the
building, housing or structure.]
Section 2. Section 1518 of the act is repealed:
[Section 1518. Building and Housing Inspectors.--The board
of supervisors may appoint one or more building and housing
inspectors to enforce the building and housing regulations of
the township and for the inspection of the construction,
alteration, repair and sanitation facilities of buildings and
housing in the township.]
Section 3. The act is amended by adding an article to read:
ARTICLE XVII-A
UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE
CODE AND RESERVED POWERS
Section 1701-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Uniform Construction Code." The Uniform Construction Code
adopted in accordance with the act of November 10, 1999
(P.L.491, No.45), known as the Pennsylvania Construction Code
Act.
Section 1702-A. Primacy of Uniform Construction Code.
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(a) General rule.--The Uniform Construction Code shall apply
to the construction, alteration, repair and occupancy of all
buildings and structures within a township.
(b) Primacy.--This section and an ordinance, rule or
regulation adopted under this section, including an ordinance
exceeding the requirements of the Uniform Construction Code,
shall not supersede or abrogate the act of November 10, 1999
(P.L.491, No.45), known as the Pennsylvania Construction Code
Act, and shall conform to, and be construed and read in pari
materia with the provisions of that act.
Section 1703-A. Public nuisance.
A building, housing or property, or part of a building,
housing or property erected, altered, extended, reconstructed,
removed or maintained, contrary to a provision of an ordinance
passed for a purpose specified in this article may be declared,
by a court of law, a public nuisance, and may be abatable as
such. However, a violation of the Uniform Construction Code or
an ordinance that equals or exceeds the Uniform Construction
Code shall be subject to the provisions of the Uniform
Construction Code and the regulations adopted thereunder by the
Department of Labor and Industry relating to enforcement for
noncompliance.
Section 1704-A. Property maintenance code.
(a) Property maintenance code.--Notwithstanding the primacy
of the Uniform Construction Code, the township supervisors may
enact a property maintenance ordinance, and they may incorporate
a standard or nationally recognized property maintenance code,
or a variation or change or part of the code, published and
printed in book form, without incorporating the text of the code
in the ordinance, or the supervisors may enact a standard or
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nationally recognized property maintenance code or a change or
variation or part, as the ordinance. In either event, the
proposed ordinance, or a brief summary of the proposed
ordinance, shall be published not more than 60 days nor less
than seven days before passage at least once in one newspaper
circulating generally in the township. The notice shall state
the time and place of the meeting and the particular nature of
the ordinance to be considered. The notice shall also state
where copies of the proposed ordinance and property maintenance
code can be examined or obtained at cost. A property maintenance
code adopted by reference need not be recorded in or attached to
the ordinance book, but shall be deemed to have been legally
recorded if the ordinance by which the code was adopted by
reference shall have been recorded, with an accompanying
notation stating where the full text of the code has been filed.
The ordinance may provide for reasonable property fines and
penalties for violations of the ordinance. The procedure under
this section relating to the adoption of the ordinance may
likewise be utilized in amending, supplementing or repealing a
provision of the ordinance.
(b) Code enforcement officers.--The township supervisors may
appoint code enforcement officers who shall have the right to
enter upon and inspect any premises, subject to constitutional
standards, at reasonable hours and in a reasonable manner for
the administration and enforcement of the township's property
maintenance code. A fee payable to code enforcement officers
under the ordinance shall be promptly paid by the township
supervisors to the township treasurer for the use of the
township.
(c) Legal actions.--In addition to the penalties provided by
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the property maintenance ordinance, the township may institute
appropriate actions or proceedings at law or in equity to
prevent or restrain property maintenance violations.
(d) Construction.--The powers of a township as provided in
this section shall be in addition to, but not limited to, the
powers provided in the act of November 26, 2008 (P.L.1672,
No.135), known as the Abandoned and Blighted Property
Conservatorship Act, 53 Pa.C.S. Ch. 61 (relating to neighborhood
blight reclamation and revitalization) and 68 Pa.C.S. Ch. 21
(relating to land banks).
Section 1705-A. Reserved powers.
If, as a result of legislative action or final order of court
for which the time for appeal has expired and no appeal has been
taken or from which there is no pending appeal, the Uniform
Construction Code or a replacement code is no longer applicable
in townships, the township supervisors may:
(1) Enact and enforce ordinances to govern and regulate
the construction, reconstruction, alteration, extension,
repair, conversion, maintenance, use or occupation, and
provide for the approval, inspection and enforcement of the
ordinance as it relates to the property. The codes may be
combined or separately enacted or combined with the property
maintenance code. The township supervisors may adopt, amend
or incorporate by reference any standard or nationally
recognized code or any variations or changes or parts of the
code as its ordinance in the manner provided in section 1704-
A. The ordinance may provide for reasonable fines and
penalties for violations of the ordinance.
(2) Require that before construction, reconstruction,
alteration, extension, repair or conversion of a building has
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begun, approval of the plans and specifications shall be
secured.
(3) Appoint building inspectors, housing inspectors,
code enforcement officers, fire prevention inspectors,
electrical inspectors and plumbing inspectors and fix their
compensation. The inspectors shall have the right to enter
upon, subject to constitutional standards, and inspect any
premises at reasonable hours and in a reasonable manner, for
the administration and enforcement of the township's adopted
codes or ordinances incorporating standard or nationally
recognized codes. A fee payable to an inspector under the
ordinance shall be promptly paid by the township supervisors
to the township treasurer for the use of the township.
(4) In addition to the penalties provided by ordinances,
institute appropriate actions or proceedings at law or in
equity to prevent or restrain the unlawful construction,
reconstruction, alteration, extension, repair, conversion,
maintenance, use or occupation of property located within the
township, to restrain, correct or abate the violation and to
prevent the use or occupancy of the building, housing or
structure.
Section 4. This act shall not be construed to repeal or
modify any township ordinance in effect on the effective date of
this act or affect any proceeding or enforcement of any township
ordinance instituted prior to the effective date of this act.
Section 5. This act shall take effect in 60 days.
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