(1) In order to administer and enforce the provisions of this act, municipalities shall enact an ordinance concurrently adopting the current Uniform Construction Code as their municipal building code and the current International Fuel Gas Code for the purposes described in section 102.¹ Municipalities may adopt the Uniform Construction Code and incorporated codes and the International Fuel Gas Code by reference.

(2) Municipalities shall have 90 days after the promulgation of regulations under section 301² to adopt such an ordinance. Municipalities shall notify the department of the adoption of such an ordinance within 30 days. A municipality may adopt such an ordinance at any time thereafter, upon giving the department 180 days' notice of its intention to adopt such ordinance.

(1) By the designation of an employee to serve as the municipal code official to act on behalf of the municipality for administration and enforcement of this act.

(2) By the retention of one or more construction code officials or third-party agencies to act on behalf of the municipality for administration and enforcement of this act.

(3) Two or more municipalities may provide for the joint administration and enforcement of this act through an intermunicipal agreement under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation).

(4) By entering into a contract with the proper authorities of another municipality for the administration and enforcement of this act. When such a contract has been entered into, the municipal code official shall have all the powers and authority conferred by law in the municipality which has contracted to secure such services.

(5) By entering into an agreement with the department for plan reviews, inspections and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.

(1) A municipality which has adopted an ordinance for the administration and enforcement of this act or municipalities which are parties to an agreement for the joint administration and enforcement of this act shall establish or designate a board of appeals as provided by regulations promulgated by the department to hear appeals from decisions of the code administrator. Members of the municipality's governing body may not serve as members of the board of appeals. A municipality may establish a board of appeals or may establish or designate a joint board of appeals in accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation).

(2) An application for appeal shall be based on a claim that the true intent of this act or regulations legally adopted under this act have been incorrectly interpreted, the provisions of this act do not fully apply or an equivalent form of construction is to be used.

(3) When a municipality cannot find persons to serve on a board of appeals who meet the minimum qualifications established by the department, the municipality may fill a position on the board with a qualified person who resides outside of the municipality.

(4) The fee for an appeal to the Board of Appeals for a municipality that is administering and enforcing this act shall not exceed actual costs of the public notice of the hearing, appearance fee for the court reporter and administrative fees as necessary.

(5) In the case of an appeal or request for variance or extension of time involving the construction of a one-family or two-family residential building, the board of appeals shall convene a hearing within 30 days of the appeal. The Board of Appeals shall render a written decision to the parties within five business days, or within ten business days in cities of the first class, of the last hearing. If the board of appeals fails to act within the time period under this paragraph, the appeal shall be deemed granted.

(1) In municipalities which have not adopted an ordinance for the administration and enforcement of this act, it shall be the duty of the municipality to notify an applicant for a construction permit that it shall be the responsibility of the permit applicant of one-family or two-family dwelling units and utility and miscellaneous use structures to obtain the services of a construction code official or third-party agency with appropriate categories of certification to conduct the plan review and inspections. For one-family and two-family dwelling units and utility and miscellaneous use structures, all of the following five inspections shall be required:

(2) In municipalities which have not adopted an ordinance for the administration and enforcement of this act, it shall be the duty of the municipality to notify the department and an applicant for a construction permit that it shall be the responsibility of the owner of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures to obtain the services of the department or a third-party agency with appropriate categories of certification under contract to the department to conduct the plan review and inspections required by this act.

(3) A copy of the final inspection report shall be sent to the property owner and to the builder and to a lender designated by the builder.

(4) In municipalities which require a building permit or a certificate of occupancy but do not conduct inspections, the code administrator shall also be required to submit a copy of the report to the municipality. No certificate of occupancy shall be issued for a building unless it meets all of the applicable accessibility provisions of the Uniform Construction Code or has been granted a variance for the requirements it does not meet. A certificate of partial occupancy may be issued if the space to be occupied complies with the accessibility requirements contained in the Uniform Construction Code unless a variance for the space has been obtained in accordance with this act.

(1) In relation to complaints arising out of Chapter 11 (Accessibility) of the Uniform Construction Code, any individual, partnership, agency, association or corporation who reasonably believes there is a violation of the accessibility provisions of this act and its regulations by a governmental entity or private owner may file a complaint with the body responsible for enforcement of the Uniform Construction Code. The complaint shall be in writing, shall be verified and shall set forth the grounds for the complaint. Within 60 days after the receipt of the complaint, the code enforcement body shall respond to the complaint by acknowledging receipt of the complaint in writing. The enforcement body shall investigate the complaint and respond to the complainant in writing with its findings, determinations and any enforcement measures initiated or contemplated within 120 days after the receipt of the complaint. For the purpose of investigating a complaint, an employee of the enforcement organization may inspect at reasonable times the building or building site which is the subject of the complaint and may make any additional investigation deemed necessary for the full and effective determination of compliance with this act and regulations promulgated pursuant to it.

(2) Any individual, partnership, agency, association or corporation aggrieved by a final determination of the enforcement agency of a complaint filed pursuant to paragraph (1) hereof may file a petition for review within 30 days of the final determination in the Commonwealth Court pursuant to 42 Pa.C.S. § 763(a) (relating to direct appeals from government agencies). The decision of the enforcement agency shall not be reversed unless it is found to be arbitrary, capricious, illegal or not supported by substantial evidence.