Township of East Hempfield, PA
Lancaster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of East Hempfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 188.
Street and sidewalk specifications — See Ch. 222.
Subdivision and land development — See Ch. 265.
Zoning — See Ch. 270.
[Adopted by Ord. No. 2-19-1997B]

§ 130-1 Adoption of codes.

[Amended 1-20-2010 by Ord. No. 2010-02; 5-7-2014 by Ord. No. 2014-03]
The Township of East Hempfield hereby adopts the 2009 editions of the International Building Code (including Appendix G - Flood-Resistant Construction, and Appendix H - Signs); International Residential Building Code (including Appendix F - Radon Control Methods, Appendix G - Swimming Pools, Spas and Hot Tubs, and Appendix H - Patio Covers); International Plumbing Code; International Mechanical Code; International Fuel Conservation Code; International Existing Buildings Code; and International Energy Conservation Code, except for such portions as are hereinafter modified, copies of which codes have been filed with the Township Secretary at least 10 days before the date hereof and which will be maintained with the Ordinance Book and be available for public use, inspection and examination, and the same are hereby adopted and incorporated as fully as if set forth herein. From the date on which this article shall take effect, the provisions of each such code shall be controlling in the construction of all buildings and structures, and in all other subjects therein contained, within East Hempfield Township.

§ 130-2 Amendments.

The said codes referred to in § 130-1 are all modified as follows:
A. 
In each case, the term "municipality" or "name of jurisdiction" shall mean "East Hempfield Township."
B. 
In each case, the term "legal officer" or "legal representative" shall mean the "East Hempfield Township Solicitor."
C. 
In each case, the reference to "building official/code enforcement officer" shall mean the code enforcement or similar officer appointed from time to time by the Board of Supervisors of East Hempfield Township.
D. 
In each case, the reference to "deputy" shall mean such person or persons as are appointed from time to time by the Board of Supervisors to assist or act in the place of the code enforcement officer.
E. 
In each case, the fees to be charged by East Hempfield Township for permits, plan reviews and inspections shall be fixed from time to time by resolution by the Board of Supervisors of East Hempfield Township.
F. 
In each case, the applicable section of the code on enforcement of violations and on penalties shall be as provided for under the terms of the Second Class Township Code, as amended from time to time.

§ 130-3 Restatement of adoption of accessibility guidelines.

The Township of East Hempfield hereby restates its previous adoption of the accessibility guidelines published by the United States Architectural and Transportation Barriers Compliance Board. As to those buildings and uses which are subject to the Americans With Disabilities Act of 1990 or the accessibility guidelines for buildings and facilities published by the United States Architectural and Transportation Barriers Compliance Board, the Township of East Hempfield hereby readopts the accessibility guidelines as those guidelines were published in page 35455 et seq., of Volume 56, No. 144 of the Federal Register, dated Friday, July 26, 1991.

§ 130-4 State and federal law and regulations.

In all matters that are regulated by the laws of the Commonwealth of Pennsylvania or the United States, or by regulations of departments or agencies of the commonwealth or the United States promulgated by authority of law, such laws or regulations, as the case may be, shall control where the requirements thereof are the same as or in excess of the provisions of this article. The code shall control in all cases where the state or federal requirements are not as strict as those contained in this article.

§ 130-5 Restatement of establishment of appeals boards.

The board of appeals for each code shall consist of five members appointed by the Board of Supervisors as follows: One for five years, one for four years, one for three years, one for two years and one for one year. Thereafter, each new member will serve for five years or until a successor has been appointed. Each member shall have an interest in, as demonstrated by educational or work background, the building or construction industry, fire prevention or architectural, engineering or similar professional services intended to be furnished to the construction or building industry. At least three of the five members shall have work experience within the building or construction industry. Further, it is desirable but not required that at least one member be a paid or volunteer firefighter. There shall be no compensation for the appeals boards' members. In all other respects, the provisions of each code regarding appeals procedures shall govern.

§ 130-6 Enforcement officer, code official or building official.

The Board of Supervisors hereby appoints the East Hempfield Township Building Official and Assistant Building Official as the enforcement officer, code official and building official designated under the various codes. Such appointment may be changed from time to time by resolution by the Board of Supervisors.

§ 130-7 (Reserved) [1]

[1]
Editor’s Note: Former § 130-7, Criteria for open burning, as amended, was repealed 8-5-2015 by Ord. No. 2015-09. See now Ch. 120, Burning, Open.

§ 130-8 Fees. [1]

The Board of Supervisors may establish fees and modify such fees from time to time for permits, plan reviews and inspections by resolution.
[1]
Editor's Note: A current fees schedule is on file in the Township office.

§ 130-9 Provisions to be continuation of existing regulations.

The provisions of this article so far as they are the same as those of ordinances and/or codes in force immediately prior to the enactment of this article are intended as a continuation of such ordinances and codes and not as new enactments. The provisions of this article shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense under the authority of any of the repealed ordinances.

§ 130-10 Effective date.

This article shall be effective five days after its adoption, provided that the 1992 CABO and the 1993 BOCA versions of those respective codes continue to be effective with respect to the steps and riser requirements as to those properties located within the R-2 High Density District which have received final plan approval and which are substantially completed as of the date of this article.[1]
[1]
Editor's Note: See also § 270-16, High Density Residential Zone (R-2).
[Adopted 6-16-2004 by Ord. No. 04-03]

§ 130-11 Election to administer and enforce.

The Township of East Hempfield hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, as amended from time to time, and its regulations.

§ 130-12 Uniform code adopted.

[Amended 11-19-2008 by Ord. No. 2008-09; 1-20-2010 by Ord. No. 2010-02]
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401 to 405, as amended from time to time, (sometimes hereinafter referred to as the "code") is hereby adopted and incorporated herein by reference as the municipal building code of East Hempfield Township with the amendments and insertions contained herein and to include the provisions of the 2009 editions of the International Building Code (including Appendix G – Flood-Resistant Construction, and Appendix H – Signs); International Residential Building Code (including Appendix F – Radon Control Methods, Appendix G – Swimming Pools, Spas and Hot Tubs, and Appendix H – Patio Covers); International Plumbing Code; International Mechanical Code; International Fuel Conservation Code; International Existing Buildings Code; International Fire Code; International Energy Conservation Code and International Property Maintenance Code.

§ 130-13 Administration.

The administration and enforcement of the uniform code within East Hempfield Township shall initially be undertaken by designating employees of the Township to serve as the building code official and construction code official and by retaining third-party agencies to act on behalf of the Township of East Hempfield.

§ 130-14 Methods of administration and enforcement.

The method of administration and enforcement of the code may be amended from the methods described in § 130-13 to include any of the following methods if a resolution is adopted by the Board of Supervisors to amend the method of administration and enforcement.
A. 
By agreement with one or more other municipalities for the joint administration and enforcement of this article through an intermunicipal agreement.
B. 
By entering into a contract with another municipality for the administration and enforcement of this article on behalf of the municipality.

§ 130-15 Renaming of appeals board.

The existing East Hempfield Township BOCA Appeals Board shall be renamed as the UCC Appeals Board.
A. 
The membership of the UCC Appeals Board shall consist of the same members as the BOCA Appeals Board until such time as new members are appointed from time to time by the Board of Supervisors.
B. 
The UCC Appeals Board shall operate in accordance with §§ 403.121 and 403.122 of Chapter 403 of 34 Pa. Code.

§ 130-16 Amendments and insertions.

A. 
Section 403.46(b) of Chapter 403 of 34 Pa. Code is hereby amended to the extent that it applies to East Hempfield Township to read as follows:
(b)
A building code official shall issue a certificate of occupancy within five business days after receipt of a final inspection report that indicates compliance with the Uniform Construction Code, the Zoning Ordinance, and the Subdivision and Land Development Ordinance of East Hempfield Township. The certificate of occupancy shall contain the following information.
B. 
Section 403.43(d) of Chapter 403 of 34 Pa. Code is hereby amended to the extent that it applies to East Hempfield Township to read as follows:
(d)
The Building Code Official may not issue a permit for any property requiring access to a highway under the Department of Transportation's jurisdiction unless the permit contains notice that a highway occupancy permit is required under Section 420 of the State Highway Law (36 P.S. § 670-420) before driveway access to a commonwealth highway is permitted.
The Building Code Official shall not issue a permit for a project which involves the initial connection of a building sewer to the public sewer system in advance of a sewer connection permit being issued by the Sewer Authority. Furthermore, the building code official may not issue a permit for a project which will need a permit to construct and operate an individual or community on-lot sewage disposal system unless a permit has been issued for such system installation and operation.
C. 
In addition to all types of construction, placement of structures, repairs and alterations for which the Uniform Construction Code requires a permit, the Township, pursuant to the authorization of Act 92 of 2004, shall require persons to obtain permits for all of the following:
[Added 11-19-2008 by Ord. No. 2008-09]
(1) 
The construction, erection or placement of any accessory structure which is equal to or greater than 400 square feet, whether or not such accessory structure is connected to any utility.
(2) 
The construction, erection or placement of any accessory structure which is less than 400 square feet if such accessory structure is provided with any utility service. The applicant shall obtain a permit only for the purpose of inspection for the utility or utilities being installed or provided to the accessory structure.
(3) 
All alterations or repairs to residential buildings which are exempt from the UCC by Act 92 of 2004; provided, however, that the following types of alterations and repairs shall continue to be exempt and no permit will be required:
(a) 
Replacement of windows and doors when there is no change in the size of the existing opening.
(b) 
Reroofing, unless structural members or 65 square feet or more of the roof sheathing must be replaced or repaired.
(c) 
Replacement of water heater, boiler, furnace or the replacement of any part of a water heater, boiler or furnace with the same efficiency rating, electrical and plumbing requirements.
(d) 
Addition, repair or replacement of siding on the exterior of the residential structure.
(e) 
Repair or replacement of any nonstructural portion of a deck, porch or stoop.
(f) 
Replacement of a lighting fixture, an appliance switch or receptacle with a switch or receptacle which is the same or has a like rating.
(g) 
The addition of one light fixture, appliance switch or receptacle.
(h) 
The repair or replacement of any nonstructural member.
(i) 
The repair or replacement of any sink, toilet, tub, shower or similar plumbing fixture without relocation, or of any drain or venting device.
D. 
Key lock box requirement. Section 506.1 of the International Fire Code, 2006 Edition, is hereby deleted and the following is added:
[Added 10-21-2009 by Ord. No. 2009-07]
Section 506.1 Where required. The following structures, constructed after January 1, 2010, shall be equipped with a key lock box at or near the main entrance or such other location required by the Building Code Official:
(1) Commercial or industrial structures protected by an automatic alarm system or automatic suppression system;
(2) Multifamily residential structures that have restricted access through locked doors and have a common corridor for access to the living units.
All applicable structures existing as of January 1, 2010, shall only be subject to the terms of this subsection upon the completion of renovations, alterations or additions to the structure. In which case, these structures shall have the key lock box installed and operational prior to the issuance of an occupancy permit.
The Building Code Official shall designate the type of key lock box system to be implemented within the Township and shall have the authority to require all regulated structures to use the designated system.
The owner or operator of a structure required to have a key lock box shall, at all times, keep a key in the lock box that will allow for access to the structure.
E. 
Insertions are made to the codes as follows:
(1) 
International Building Code 2003
(a) 
Section 1612.3: Insert "Township of East Hempfield."
(b) 
Section 1612.3: Insert "September 1979."
(c) 
Section 3410.2: Insert "July 1, 2004."
(2) 
International Residential Code 2003.
(a) 
Section 3103.1: Insert "12 inches" and "two inches."
(3) 
International Plumbing Code 2003.
(a) 
Section 904.1: Insert "12 inches."

§ 130-17 Effect on preexisting codes and ordinances.

A. 
All building code ordinances or portions of ordinances which were adopted by East Hempfield Township on or before July 1, 1999, and which equal or exceed the requirements of the code shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the code, as amended from time to time.
B. 
All building code ordinances or portions of ordinances which are in effect as of the effective date of this article and the requirements of which are less than the minimum requirements of the code are hereby amended to conform with the comparable provisions of the code.
C. 
All relevant ordinances, regulations and polices of the Township of East Hempfield not governed by the code shall remain in full force and effect.

§ 130-18 Fees.

A. 
Fees assessable by East Hempfield Township for the administration and enforcement undertaken pursuant to this article and the code shall be established by the Board of Supervisors by resolution from time to time.
B. 
In addition, a four-dollar fee per permit shall be paid to East Hempfield Township, which fee shall be remitted quarterly by East Hempfield Township to the Pennsylvania Department of Community and Economic Development and which will be used to subsidize code official training.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).