Township of Lower Providence, PA
Montgomery County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Providence as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 68.
Certificates of compliance — See Ch. 70.
Electrical standards — See Ch. 79.
Fire prevention — See Ch. 83.
Mechanical standards — See Ch. 102A.
Plumbing — See Ch. 112.
Property maintenance — See Ch. 114.
Sewers — See Ch. 117.
[Adopted 4-3-2003 by Ord. No. 479[1]]
[1]
Editor's Note: This ordinance also superseded former Ch. 67, Building Construction, adopted 2-27-1978 by Ord. No. 231, with the exception of §§ 67-7 and 67-10 which are included herein as §§ 67-5 and 67-6, respectively.

§ 67-1 Adoption of standards.

The Township hereby adopts a certain document, three copies of which are on file in the office of the Secretary of Lower Providence Township, being marked and designated as the "International Building Code, 2000 Edition," and Appendices B, E, F, and G, as published by the International Code Council, Inc., as the Building Code of Lower Providence Township in the Commonwealth of Pennsylvania (the "International Building Code"), for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code are hereby referred to, adopted and made part hereof as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 67-3 of this article.

§ 67-2 Repealer.

Sections 3 and 4 of Ordinance 103 adopted on October 23, 1967, which is codified in Chapter 67 of the Code of Lower Providence Township, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.

§ 67-3 Additions, insertions and changes.

The following sections of the International Building Code, 2000 Edition, are hereby amended and revised as follows:
A. 
Section 101.1 is amended by the insertion of "Lower Providence Township" in the [NAME OF JURISDICTION] blank.
B. 
Section 108.2 is amended to read as follows:
Section 108.2. Fee Schedule. The Board of Supervisors of Lower Providence Township shall adopt a schedule of fees which shall be kept on file with the Township Secretary, and shall be revised from time to time by resolution of the Board of Supervisors.
C. 
Section 109.7 Inspections is amended by adding new Subsection 109.7 which to read as follows:
Section 109.7. Fee for Missed Inspections. The Board of Supervisors shall, by resolution, impose a fee to be paid by the permit holder when the permit holder or his or her agent has requested the Township Building Inspector to conduct any inspection described in this Section 109.7, and the Building Inspector is unable to conduct such inspection at the scheduled time due to any delay in completion of the work to be inspected cased by the permit holder or his or her agent.
D. 
Section 113.4 Violation penalties is amended to read as follows:
Section 113.4. Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirement thereof or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the Code Official or of a permit or certificate issued under the provisions of this code shall be guilty of a summary offense, punishable by a fine of not less than $100 nor more that $1,000 per day, plus costs and attorneys' fees, and upon default of the payment of the fine and costs, imprisonment not exceeding 30 days. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
E. 
Section 118.4, “Fee as established by Township resolution.”
[Added 6-16-2005 by Ord. No. 526]
F. 
Section 118.5, “Fees as established by Township resolution.”
[Added 6-16-2005 by Ord. No. 526]
G. 
Section 123.2, “Fee as Established by Township resolution.”
[Added 6-16-2005 by Ord. No. 526]

§ 67-4 Effect.

Nothing in this article or in the Building Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, rights acquired, liability incurred or cause or causes of action acquired or existing under any ordinance; nor shall any just or legal right or remedy of character be lost, impaired or affected by this article.

§ 67-5 Impact fees.

[Amended 6-16-2005 by Ord. No. 526]
Upon application for a building permit, impact fees shall be due and payable as established by Township resolution.

§ 67-6 Curb/sidewalk escrow requirements.

Whenever any construction, demolition, excavation or similar activity is to be undertaken upon any property within the Township that is served or abutted by either public sidewalk, public curbing or both, before a building permit, demolition permit, grading permit, excavating permit, pool permit or any other construction permit shall be issued by the Township Codes Enforcement Department or Building Inspection Department or other appropriate Township official, a cash escrow in the amount of $1,000 shall be deposited with the Township, to assure that any damage, if any, to the public street, public curb or public sidewalk occasioned as a result of the crossing of the street, curb or sidewalk, shall be repaired by the owners of the property or the contractor performing the job or project.
[Adopted 4-15-2004 by Ord. No. 511[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Residential Building Code, adopted 4-3-2003 by Ord. No. 485.

§ 67-7 Election to administer and enforce.

Lower Providence Township hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 through 7210.1103, as amended from time to time, and its regulations.

§ 67-8 Adoption and incorporation.

The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401 through 405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of Lower Providence Township.

§ 67-9 Methods of administration and enforcement.

Administration and enforcement of the Code within Lower Providence Township shall be undertaken in any of the following ways as determined by the governing body of Lower Providence Township from time to time by resolution:
A. 
By the designation of an employee of Lower Providence Township to serve as the municipal code official to act on behalf of Lower Providence Township;
B. 
By the retention of one or more construction code officials or third-party agencies to act on behalf of Lower Providence Township;
C. 
By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement;
D. 
By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of Lower Providence Township;
E. 
By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.

§ 67-10 Board of Appeals.

A Board of Appeals shall be established by resolution of the governing body of Lower Providence Township in conformity with the requirements of the relevant provisions of the Code, as amended from time to time, and for the purposes set forth therein. If at any time enforcement and administration is undertaken jointly with one or more other municipalities, said Board of Appeals shall be established by joint action of the participating municipalities.

§ 67-11 Effect on other ordinances.

All building code ordinances or portions of ordinances which are in effect as of the effective date of this article and whose requirements are less than the minimum requirements of the Code are hereby amended to conform with the comparable provisions of the Code.

§ 67-12 Repealer.

The following ordinances are repealed:
A. 
Ordinance No. 483.
B. 
Ordinance No. 484.
C. 
Ordinance No. 485.
D. 
International Plumbing Code, Ord. No. 480.
E. 
International Mechanical Code, Ord. No. 481.

§ 67-13 Other provisions to remain in effect.

All relevant ordinances, regulations and policies of Lower Providence Township not governed by the Code shall remain in full force and effect.

§ 67-14 Fees.

Fees assessable by Lower Providence Township for the administration and enforcement undertaken pursuant to this article and the Code shall be established by the governing body by resolution from time to time.