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Township of Lower Frederick, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Lower Frederick Township 11–1-2016 by Ord. No. 2016-05;[1] amended in its entirety 3-6-2018 by Ord. No. 18-02. Subsequent amendments noted where applicable.]
Uniform construction codes — See Ch. 61.
Rental occupancy reports — See Ch. 118.
Subdivision and land development — See Ch. 145.
Zoning — See Ch. 170.
Editor's Note: This ordinance superseded former Ch. 58, Certificates of Occupancy, adopted 7-5-2005 by Ord. No. 05-07.
The words and terms used herein shall have the meanings given to them in the International Building Code of 2003, unless defined herein or the context plainly requires another meaning.
No structure, building, or any part thereof shall be occupied or used until a certificate of occupancy has been issued by the Building Inspector of the Township, or by such other person as may be designated by the Board of Supervisors for applications related to residential use and occupancy which are covered in § 58-9. The Building Inspector shall, after application for such certificate by the owner or agent of the owner of the premises to be occupied has been made on forms provided for such purpose by the Township, inspect the structure, or building, pursuant to the provisions of Section 110, Certificate of Occupancy, of the International Building Code of 2003 other than those requirements related to residential use and occupancy which are covered in § 58-9.
The certificate of occupancy shall state the use to which the structure or building is to be put. No change in the use or ownership of any structure or building shall be made until a certificate of occupancy has been issued in accordance with § 58-2 hereof. It shall be the duty of any person who shall sell or otherwise transfer ownership of any structure or building to another person to apply for and obtain the certificate of occupancy required by this chapter prior to such transfer of ownership and any use or occupancy of such premises; provided, however, that the failure on the part of such seller or transferor to obtain such certificate shall not excuse the purchaser or transferee of such premises from the requirements of this chapter.
In compliance with the Municipal Code and Ordinance Compliance Act, found at 68 P.S. § 1081 et seq., any certificate of occupancy issued hereunder may be revoked in the event that the structure or building is determined to be unsafe or uninhabitable, or that a condition exists that is in violation of any ordinances of the Township, or that the actual use is in violation of any ordinances of the Township. In the event that the certificate of occupancy is issued subject to conditions, such certificate may be revoked if such conditions remain unsatisfied within the time limit provided for at the time of issuance of such conditional certificate.
The applicant for a certificate of occupancy shall pay, at the time of application, a fee to the Township in an amount established by the Board of Supervisors by a fee schedule adopted by resolution from time to time. Such fee shall be nonrefundable in the event that the Building Inspector shall refuse to issue a certificate of occupancy after inspection.
Pursuant to the International Fire Code of 2003, Section 505, all structures shall have a minimum of one-half-inch-wide by four-inch-high numerals or alphabet letters plainly legible and visible from the street or road fronting the property.
The Building Inspector or his assistant shall utilize a checklist for each application for a certificate of use and occupancy other than for single- or two-family residential which is covered in § 58-9. The checklist shall be in a format approved by the Board of Supervisors by resolution. The date of the passage of the resolution shall be placed in the upper right-hand corner of the form. The inspection for a use and occupancy permit will be limited to the items on the approved list.
Any person, corporation or association who or which shall occupy or use any structure or building without obtaining a certificate of occupancy shall be in violation of this chapter. Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall constitute a separate offense.
Upon resale, single- or two-family dwelling units shall be issued a use and occupancy certificate upon the receipt by the Township of an affidavit in such form as shall be designated by the Township, prepared and filed with the Township by either the seller or the buyer of the residential dwelling unit resale, averring the following:
The home is provided with a minimum of one single-station smoke detector on each floor level, and one single-station smoke detector in each bedroom. When actuated, the smoke detector shall provide an audible alarm to warn the occupants within the individual room or unit.
All residential homes shall have carbon monoxide detectors if the home is equipped with any item which produces carbon monoxide, such as gas or oil furnaces, gas refrigerators, gas clothes dryers, gas ranges, gas water heaters or space heaters, fireplaces, charcoal grills, wood burning stoves or a garage connected to the home.
Upon resale, every residential home which is connected to the public sewer must be inspected by the designated sewer inspection officer. Residential homes connected to the Lower Frederick Township public sewer shall be inspected for the limited purpose of ensuring that no sump pumps are connected to the public sewer.
The use and occupancy certificate shall be issued by such person designated by the Board of Supervisors of the Township upon the completion of the requirements in this § 58-9.
Any conflicting items in Chapter 58 are unenforceable and of no effect.
If the above requirements for a single- or double-family home upon resale are not met the enforcement provisions of § 58-8 are applicable to these requirements.