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Municipal Election Information and Forms

Act 45 of 1999 and the Uniform Construction Code (UCC) regulations allow each municipality to decide whether it will administer and enforce the UCC. The initial election period occurred during a 90-day period that began on April 9, 2004 and ended on July 8, 2004. Act 45 also provides that any municipality may alter its decision regarding local enforcement of the UCC, as long as it provides 180 days advance notice to the Department.

Responsibilities of Opt-In Municipalities:

All opt-in municipalities must fulfill the following responsibilities:

  1. Enact an ordinance adopting the requirements of the Pennsylvania Construction Code Act (Act 45, as amended) and the regulations implementing the act.
     
  2. Employ or contract for the services of a person who holds L&I certification as a Building Code Official and notify the Department as to who is serving in this capacity.
     
  3. Employ or contract for the services of persons certified to perform residential and commercial code enforcement approvals.
     
  4. Establish a local appeals board that will hear appeals of code officials' decisions and interpretations, and decide upon requests for variances and extensions of time.
     
  5. Establish and publicize a schedule of fees that must be paid for UCC services. (The fee charged for petitions to the local appeals board must not exceed the actual administrative costs of hearing appeals --- see 34 Pa Code §403.121(h).)
     

Changing a Municipal Opt-Out Decision:

Any opt-out decision can be changed by sending a letter to the Department indicating that the municipality intends to enact an ordinance adopting the UCC. This ordinance cannot take effect until 180 calendar days from the date of the letter communicating this intention.

In conjunction with the Pennsylvania State Association of Township Supervisors and the Governor’s Center for Local Government Services, a model adoption ordinance was developed to assist with the adoption process. Click here to access a copy of the model ordinance.

When the ordinance has been enacted (and the actual effective date is known), provide all the information requested in Section 2 of the UCC election form. Click here to access a copy of the election form. Mail this form to:

UCC Administrator
Department of Labor & Industry
651 Boas Street, Room 1613
Harrisburg, PA 17121-0750

Changing a Municipal Opt-In Decision:

Any opt-in decision can be changed by sending a letter to the Department indicating that the municipality intends to repeal its UCC adoption ordinance and halt local code enforcement. A municipality cannot halt enforcement of the UCC until 180 calendar days from the date of the letter communicating this intention.

When the ordinance has been repealed (and the effective date for halting UCC enforcement is known), provide all the information requested in Section One of the UCC election form. Click here to access a copy of the election form. Mail this form to:

UCC Administrator
Department of Labor & Industry
651 Boas Street, Room 1613
Harrisburg, PA 17121-0750

Responsibilities of Opt-Out Municipalities:

If a municipality opts out, its only responsibilities under the UCC are to notify applicants for building permits that they must contract with certified third party agencies for residential permits and inspections or, if commercial construction is involved, secure permits and inspections from the Pennsylvania Department of Labor and Industry. Click here to access a listing of third party agencies that residents may utilize for residential code approvals.

In the case of commercial construction, an opt-out municipality must also notify the Department that it has advised applicants that they must seek construction approvals from the Department. The Department has prepared a form to be used for this purpose. Click here to access a copy of this form.

Change in officially designated "Building Code Official":

Every opt-in municipality is required by regulation to designate a person to serve as its "Building Code Official." Persons who serve in this position must hold a UCC Certification Card, indicating that the holder has been certified in category 29.

Municipalities are required to notify the Department within 30 days of a change in the person designated to serve as their Building Code Official.

This change should be communicated by filing out the form that can be accessed by clicking here.

Please fill in all of the requested information and be sure that the new Building Code Official has the credential necessary to serve in this capacity.

Mail this or fax it to the Department as directed on the form.