§ 141A05 — 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appeal has been taken or from which there is no pending appeal, the Uniform Construction Code or a replacement code is no longer applicable in a city, a city may:

(1) Enact and enforce an ordinance to govern and regulate:

(i) construction;

(ii) reconstruction;

(iii) alteration;

(iv) extension;

(v) repair;

(vi) conversion;

(vii) maintenance;

(viii) occupation;

(ix) sanitation;

(x) ventilation;

(xi) heating;

(xii) egress;

(xiii) lighting;

(xiv) electric wiring;

(xv) water supply;

(xvi) toilet facilities;

(xvii) drainage;

(xviii) plumbing;

(xix) fire prevention;

(xx) fireproofing, including prescribing limitations under which only buildings of noncombustible material and fireproofed roofs are used in construction, erection or substantial reconstruction;

(xxi) use and inspection of all buildings and housing or parts of buildings and housing, and the roofs, walls and foundations of the buildings and housing and all facilities and services in or about the buildings or housing constructed, erected, altered, designed or used, in whole or in part, for any use or occupancy; and

(xxii) the sanitation and inspection of land appurtenant to the buildings and housing.

(1.1) Combine or separately enact or combine the ordinances under paragraph (1) with the property maintenance code.

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

(3) Incorporate a standard or nationally recognized code or a variation or change, published and printed in book form, without incorporating the text of the code as provided in Subchapter A.1 of Chapter 110 (relating to ordinances). The ordinance may provide for fines and penalties of not more than $1,000 or imprisonment for not more than 90 days, or both, for violations. The procedure set forth under this chapter relating to the enactment of the ordinance may be utilized in amending, supplementing or repealing a provision of an ordinance that incorporates all or a part of a standard or nationally recognized code or a variation or change.

(4) Appoint a building inspector, housing inspector, property maintenance inspector, fire prevention inspector, electrical inspector and plumbing inspector and fix inspectors' compensation. Subject to constitutional standards in a similar manner as provided in section 12308 (relating to powers of board of health), the inspector may enter upon and inspect a premises at reasonable hours for the administration and enforcement of the city's enacted codes or ordinances incorporating standard or nationally recognized codes. A fee payable to an inspector under the ordinance shall be paid by the inspector to the city treasurer for the use of the city as promptly as possible.

(5) In addition to the penalties provided by an ordinance, institute an appropriate action or proceeding at law or in equity to prevent or restrain the unlawful construction, reconstruction, alteration, extension, repair, conversion, maintenance or use or occupation of property located within the city, to restrain, correct or abate the violation and to prevent the use or occupancy of the building, housing or structure.