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Pennsylvania Statutes Title 8 Pa.C.S.A. Boroughs and Incorporated Towns § 32A05. Reserved powers

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Power.--If, as a result of legislative action or final order of court which is not subject to appellate review, the Uniform Construction Code or any replacement code is no longer applicable in boroughs, a borough may:

(1) Enact and enforce ordinances to govern and regulate the following in relation to a building and housing, parts of a building and housing or a facility and service in or about a building or housing:

(i) Construction, reconstruction, alteration, extension, repair and conversion.

(ii) Maintenance.

(iii) Occupation.

(iv) Sanitation.

(v) Ventilation, heating, egress, lighting, electrical wiring, water supply, toilet facilities, drainage, plumbing, fire prevention and fireproofing, including limitations under which only buildings of noncombustible material and fireproofed roofs are used in construction.

(vi) Erection or substantial reconstruction.

(vii) Use and inspection.

(viii) Sanitation and inspection of land attached to a building or housing.

(2) Require that the approval of plans and specifications are secured before construction, reconstruction, alteration, extension, repair or conversion of a building is started.

(3) Appoint and determine the compensation of the following:

(i) Building inspectors.

(ii) Housing inspectors.

(iii) Property maintenance inspectors.

(iv) Fire prevention inspectors.

(v) Electrical inspectors.

(vi) Plumbing inspectors.

(4) In addition to penalties provided by an ordinance, institute actions to do any of the following:

(i) Prevent or restrain the unlawful construction, reconstruction, alteration, extension, repair, conversion, maintenance, use or occupation of property located within the borough.

(ii) Restrain, correct or abate a violation.

(iii) Prevent the use or occupancy of a building, housing or structure.

(b) Codes.--The following shall apply:

(1) A code under subsection (a)(1) may be combined or separately enacted or combined with a property maintenance code.

(2) A borough 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 as provided under section 32A04 (relating to property maintenance code).

(3) An ordinance under subsection (a)(1) may provide for reasonable fines and penalties for violations of the ordinance in compliance with Chapter 33 (relating to ordinances).

(c) Inspectors.--An inspector under subsection (a)(3) may enter, subject to constitutional standards in a similar manner as provided under section 3107 (relating to entry upon premises), and inspect a premises at reasonable hours and in a reasonable manner for the administration and enforcement of the borough's adopted codes or ordinances incorporating standard or nationally recognized codes. Any fees payable to inspectors under the ordinances shall be paid by the inspectors as soon as possible to the borough treasurer for the use of the borough.

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Cite this article: FindLaw.com - Pennsylvania Statutes Title 8 Pa.C.S.A. Boroughs and Incorporated Towns § 32A05. Reserved powers - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-8-pacsa-boroughs-and-incorporated-towns/pa-csa-sect-8-32a05/

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