[HISTORY: Adopted by the Board of Supervisors of the Township of
Dickinson 6-21-2004 by Ord. No. 2004-1.
Amendments noted where applicable.]
The 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.
A.
Administration and enforcement of the code within the
Township shall be undertaken in any of the following ways, as determined by
the Township Board of Supervisors by resolution, from time to time:
(1)
By the designation of an employee of the Township to
serve as the Township Code Official to act on behalf of the Township;
(2)
By the retention of one or more construction code officials
or third-party agencies to act on behalf of the Township;
(3)
By agreement with one or more other municipalities for
the joint administration and enforcement of this Act through an intermunicipal
agreement;
(4)
By entering into a contract with another municipality
for the administration and enforcement of this Act on behalf of this Township;
and
(5)
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.
A Board of Appeals shall be appointed by the Township Board of Supervisors
in conformity with the code, as amended from time to time, 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.
All building code ordinances or portions of ordinances previously adopted
by the Township which exceed the requirements of the code shall continue in
full force and effect.
A.
All building code ordinances or portions of ordinances
previously adopted by the Township with requirements less than the minimum
requirements of the code are hereby rescinded and shall be considered null
and void.
B.
All relevant ordinances, regulations and policies of
the Township not governed by the code shall remain in full force and effect.
Fees assessable by the Township for the administration and enforcement
undertaken pursuant to this chapter and the code shall be established by the
Board of Supervisors of the Township by resolution from time to time.
A building permit shall be required for all construction work done within
the Township or as otherwise required under the code.
A.
Application for such permits shall be made to the Township
and shall be accompanied by the requisite fee as adopted by Township resolution
and a drawing or other descriptive material sufficient to permit the Township
to determine that the work in all respects complies with the Building Permit
Ordinance and the code adopted hereby.
B.
Upon completion of a project for which a building permit
has been issued, the permittee must obtain an occupancy permit issued by the
Township prior to occupancy of the structure. No occupancy permit will be
issued until the Township is notified by the inspection agency that the project
has passed inspection.
Before a building or occupancy permit is issued under this chapter,
the applicant shall pay to the Township an administration fee as established
by Township by resolution from time to tune.
In the event the Township shall certify one or more agencies to provide inspections under the code, an applicant may select any agency from among such approved agencies. Coordination of inspections and payment for services will be the responsibility of the permittee and the agency. Payment for inspection services hereunder is in addition to permit fees referred to in §§ 86-6 and 86-7 above, and payment thereof is solely the permittee's responsibility. Inspection agencies seeking appointment by the Township to engage in the business of building inspection hereunder shall apply in writing to the Township. Said application shall:
A.
Include the name and addresses of all persons who have
a beneficial or financial interest in the petitioner's business or engage
in an executive, managerial, or supervisory capacity in connection with the
operation of the code enforcement portion of the petitioner's business.
B.
Provide an outline of the inspection agency's experience,
including the training, education, experience and other qualifications of
its inspectors and supervisors. The agency shall also furnish the Township
with any and all supporting data deemed necessary by the Township Supervisors
to properly evaluate the qualifications of the petitioner.
C.
Provide a letter or copy of certification as an approved
inspection agency by the Department of Labor & Industry, Commonwealth
of Pennsylvania.
D.
At a minimum, procure and keep in force and effect insurance
policies naming the Township as an additional insured thereof.
(1)
Workers' compensation and occupational disease insurance
with statutory limits and employers' liability coverage with a limit
of no less than $1,000,000 per person per occurrence.
(2)
Public liability insurance with bodily injury limits
of no less than $1,000,000 per occurrence and property damage limits of no
less than $1,000,000 aggregate for:
(a)
Premises operations:
(b)
Products or complete operations coverage, to become effective
upon completion of the work;
(c)
Contractual liability coverage for indemnity-by-agency
clause; and
(d)
Contractor's protective liability coverage for all
operations responsibilities sublet to others related to inspection services
hereunder.
(3)
Automobile liability insurance under comprehensive form
with limits on bodily injury of no less than $1,000,000 per person and $1,000,000
per occurrence and with property damage limits of no less than $1,000,000
per occurrence covering all owned and hired vehicles used by the agency while
performing inspection operations in the Township.
(4)
Errors and omissions insurance to cover losses which
are a consequence of negligent professional services of the agency, with limits
of no less than $1,000,000 per claim and $1,000,000 aggregate.
E.
Furnish the Township with a certificate of insurance
signed by an authorized representative of the agency's insurance underwriter
giving evidence of the required insurance coverage. If such policies are canceled
or changed so as to reduce the insurance coverage, written notice by certified
mail of such cancellation or change shall be delivered to the Township at
least 30 days prior to the effective date of such cancellation or change.
F.
Provide a schedule of rates to be charged, including
a detailed explanation of any variance in the fees, such as discount, special
fees and classifications. Customers shall not be charged rates other than
those filed by the agency with the Township. All rates and fees shall be comparable
to industry standards.
G.
Agree to notify the Township of all inspection personnel
changes within two weeks of such change.
H.
Maintain a place of business within the Commonwealth
of Pennsylvania and:
(1)
File with the Township its office address, telephone
numbers and business hours;
(2)
Have available in its offices the current approved rate
schedule;
(3)
Have certified inspectors available during normal business
hours for inspections hereunder;
(4)
Have a toll-free number available to residents of the
Township; and
(5)
Furnish to the Township a current list of names, addresses
and telephone numbers of responsible officials to be contacted after normal
office hours in the event of an emergency. Agency shall update such information
as is appropriate.
Applicant shall give the inspection agency no less than forty-eight-hour
advance notice for any requested inspection service.
A.
Failure to obtain a permit. In the event that an owner
commences construction without first having obtained a permit as required
hereunder, a penalty of 25% of the established fee for said permit shall be
added thereto. It shall be a violation of this chapter to inhabit or occupy
any project without first having obtained an occupancy permit as required
hereunder.
B.
Stop-work order. The Township or its designee is hereby
authorized to issue an order stopping all construction by an owner who has
failed to secure any permits required hereunder.
C.
Appeals. The owner may appeal any decisions of the Township
or its designee by filing objections with the Codes Appeals Board, in writing,
not more than 10 days following such decision. The Board shall hold a hearing
and render a decision not more than 60 days from the receipt of such appeal.
D.
Penalties. Any violation of any provision of this chapter
shall constitute a summary offense and shall, upon conviction thereof, be
punished by a fine of not more than $1,000 and the costs of prosecution. Each
day of violation shall constitute a separate violation hereunder.
This chapter shall be effective July 1, 2004. In the event any section,
subsection, sentence, or clause of this chapter is held for any reason, to
be invalid, such invalidity shall not affect the validity of the remaining
portions of this chapter.
