101.2 Scope. These regulations
shall control all matters concerning the construction, alteration,
addition, repair, removal, demolition, location, occupancy and maintenance
of all buildings and structures and shall apply to existing or proposed
structures except as such matters are otherwise provided for in other
ordinances or statutes, including but not limited to the Township
Zoning Ordinance, Subdivision and Land Development Ordinance, Stormwater
Management Ordinance or in the rules and regulations authorized for
promulgation under the provisions of this Construction Code. Whenever
there is a conflict between the provisions of this Construction Code
and any other Township ordinance, including but not limited to the
Zoning Ordinance, it is the intent of the Board of Supervisors that
the more stringent requirement shall apply. All construction which
the Pennsylvania Construction Code Act or the L & I Regulations
exempt from compliance with the Uniform Construction Code are exempt
from the provisions of this Construction Code. Items exempted from
compliance with the Uniform Construction Code by Sections 403.1(b)
and 403.1(e) of the L & I Regulations do not have to comply with
the Construction Code but shall comply with all other applicable Township
ordinances.
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103.1 Building Official. The Board
of Supervisors shall appoint a person or persons to serve as a Building
Code Official and a Construction Code Official as those terms are
defined in the L & I Regulations. Both the Building Code Official
and the Construction Code Official shall be considered the Building
Official as such term is defined and used in this Construction Code.
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103.2 Powers and duties of Building Code
Official and Construction Code Official. The Building Code
Official shall have all powers set forth in the L & I Regulations
and shall have the powers and duties of the Building Official set
forth in this Construction Code. The Construction Code Official shall
have the powers set forth in the L & I Regulations and may also
have the powers of the Building Official set forth in this Construction
Code. The respective duties and responsibilities of the Building Code
Official and the Construction Code Official shall be determined by
the Board of Supervisors and shall be within the limitations of any
certifications required or issued by L & I.
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103.2.1 The Building Code Official
shall serve at the pleasure of the Board of Supervisors. The Building
Code Official shall provide supervision of the Construction Code Official,
receive Uniform Construction Code permit applications, address citizen
inquiries, concerns and complaints, issue building permits, occupancy
permits, and manage code enforcement activities, including but not
limited to issuing notice of violations and orders to vacate, and
initiation of prosecutions.
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103.2.2 The Construction Code Official
shall serve at the pleasure of the Board of Supervisors. The Construction
Code Official shall perform plan review of construction documents,
issue Construction Code permits, inspect construction, provide the
Building Code Official with reports of inspections and recommendations
upon issuance of certificates of occupancy, and administer and enforce
this Construction Code. The Construction Code Official may be a third
party agency.
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103.2.3 Any applicants for Construction
Code permits shall submit two complete copies of the application to
the Building Code Official. The Building Code Official shall transmit
a complete copy of the Construction Code permit application to the
Construction Code Official for plan review, issuance of the Construction
Code permit, and inspection of construction. The Construction Code
Official shall notify the applicant when plan review has been completed,
and the applicant shall pay plan review and estimated inspection fees
to the Construction Code Official prior to issuance of the Construction
Code permit. The Construction Code Official shall notify the Building
Code Official when the work is complete and has successfully had its
final inspection. The Building Code Official shall issue the certificate
of occupancy after receipt of notification from the Construction Code
Official that the work has been finally inspected and all fees have
been paid.
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103.3 Organization. The Board of
Supervisors shall appoint such other officers, technical assistants,
inspectors and other employees as shall be necessary for the administration
of this Construction Code.
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104.8 Liability. The Township and
the Building Official shall have all immunities and rights granted
by the Pennsylvania Judicial Code, including but not limited to Chapter
85.
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108.1.2 Time of payment of fees. An applicant for a permit under this Construction Code shall pay
the Township's administrative fee to the Township at the time of application.
Prior to the issuance of a Construction Code permit, the applicant
shall pay to the Construction Code Official the plan review fee and
the estimated fee for all inspections required. If additional inspections
become necessary during the costs of construction, the applicant shall
reimburse the Construction Code Official for all such costs within
15 days after the date of an invoice for such costs. An applicant
shall pay to the Construction Code Official all fees and costs incurred
for all inspections required during the course of construction prior
to the issuance of a certificate of use and occupancy for the structure
for which a Construction Code permit has been issued.
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108.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical,
gas, mechanical or plumbing system before obtaining the necessary
Construction Code permits shall be subject to an additional fee for
expedited processing which shall be equal to the fee which should
have been paid at permit application. The expedited processing fee
shall be paid in full in addition to the normal application fee prior
to the issuance of a Construction Code permit.
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(10)
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A statement that the issuance of a certificate
of occupancy shall not be deemed permission to occupy the structure
or commence a use if any other ordinance requires the issuance of
a permit or certificate prior to use and occupancy.
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(9)
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A statement that the issuance of a certificate
of occupancy shall not be deemed permission to occupy the structure
or commence a use if any other ordinance requires the issuance of
a permit or certificate prior to use and occupancy.
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112.1 Board of Appeals. The Township
hereby appoints the Donegal-Elizabethtown Area Appeals Board as the
Board of Appeals under the Mount Joy Township Construction Code. Members
of the Donegal-Elizabethtown Area Appeals Board shall be selected
in accordance with the intermunicipal agreement.
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112.2 Authority of Board of Appeals. The Board of Appeals shall hear and rule on appeals, requests for
variances and requests for extensions of time. An application or appeal
shall be based upon, and the Board of Appeals in making its decisions
shall consider, those factors set forth in the L & I Regulations.
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112.3 Membership of Board of Appeals. A member of the Board of Appeals shall be qualified by training
and experience to pass on matters pertaining to building construction.
Members of the governing body may not serve on the Board of Appeals.
A Board of Appeals member may not cast a vote or participate in a
hearing in any appeal, request for variance or request for extension
of time in which the member has a personal, professional or financial
interest.
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112.4 Operation of Board. The Board
of Appeals may establish policies and procedures necessary to carry
out its duties in accordance with the intermunicipal agreement. The
Board shall annually select one of its members to serve as Chairperson
and one of its members to serve as Vice Chairperson. The Board of
Appeals shall keep minutes of its meetings and file a written decision
on all appeals under this Construction Code. The Board of Appeals
shall provide notice of and conduct its meetings in accordance with
the Sunshine Act, 65 Pa. C.S. § 701 et seq.
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112.5 Procedures for applications and
appeals. Any person desiring to file an application or appeal
to the Board of Appeals may file such appeal with the Building Code
Official. All applications and appeals to the Board of Appeals shall
be in writing and shall specify the section of this Construction Code
from which relief is sought or the action of the Building Official
which is the subject of the appeal. The written application or appeal
shall state all of the grounds for the application or appeal and shall
include any necessary plans or specification to provide the Board
of Appeals with information to evaluate the application or appeal
and shall include the fee. No application appeal will be considered
complete without the necessary appeal fee. Any appeal from a determination
of the Building Official shall be filed within 20 calendar days of
the determination.
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112.5.1 Hearings. An applicant
or appellant who desires to present testimony to the Board of Appeals
shall request a hearing in the application or appeal. If the applicant
or appellant does not request a hearing, it will be assumed that the
Board of Appeals may render its determination based on the written
information submitted with the application or appeal and any additional
information available to members of the Board of Appeals.
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112.5.2 Parties. The Township shall
be considered a party to all appeals or applications filed with the
Board of Appeals. Other persons affected by the appeal or application
who have made timely appearances of record may also be recognized
as parties to the appeal or application.
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112.5.3 Decision. The Board of
Appeals shall render its decision in writing within any time periods
imposed in state laws or L & I Regulations. The Board of Appeals
shall provide the applicant or appellant, the Building Official and
the Township with copies of the appeal.
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113.1 Unlawful acts. It shall be
unlawful for any person, firm or corporation to erect, construct,
alter, extend, repair, remove, demolish, use or occupy, or to permit
the erection, construction, alteration, extension, repair, removal,
demolition, use or occupancy of, any building or structure or equipment
regulated by this Construction Code, or cause same to be done, in
conflict with or in violation of this Construction Code. It shall
also be unlawful for any person to place inaccurate or misleading
information on an application or plan or to omit relevant information
from an application or a plan submitted to the Township.
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113.2 Notice of violation. The
Building Official may serve a notice of violation on any person responsible
for the erection, construction, alteration, extension, repair, removal,
demolition, use, permission to use, occupancy, or permission for occupancy
of a building or structure or equipment in violation of the provisions
of this Construction Code, or in violation of a detailed statement
or a plan approved thereunder, or in violation of a permit or certificate
issued under the provisions of this Construction Code. Such notice
shall order discontinuance of the illegal action or condition and
the abatement of the violation. Notwithstanding the foregoing, it
shall not be a defense to an enforcement action that the Building
Official did not serve or that the defendant did not receive a written
notice of violation prior to the institution of the enforcement action.
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113.2.1 If an inspection reveals
a violation of this Construction Code, the Construction Code Official
shall discuss the inspection results with the permit holder at the
completion of the inspection.
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113.2.2 When a violation relates
to an unsafe building, structure, or equipment, the Building Official
shall proceed in accordance with Section 403.84 of the L & I Regulations.
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113.3 Prosecution of violation. If the Building Code Official has served a notice of violation and
the notice of violation is not complied with within the time specified
by the Building Official, or if the Building Code Official determines
that there is insufficient time to serve a notice of violation or
that such notice of violation will have no practical or beneficial
effect, the Building Code Official shall notify the Board of Supervisors
of the violation and shall request the Board of Supervisors to authorize
institution of enforcement proceedings against the violator and/or
authorize the Township Solicitor to institute the appropriate proceedings
at law or in equity to restrain, correct or abate such violation or
to require the removal or termination of the unlawful use of the building
or structure in violation of the provisions of this Construction Code
or of the order or direction made pursuant thereto. Notwithstanding
the foregoing, the Building Code Official may institute summary enforcement
proceedings without prior authorization of the Board of Supervisors.
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113.4 Violation penalties. Any
person who shall violate a provision of this Construction Code or
who shall fail to comply with any of the requirements thereof or who
shall erect, construct, alter, extend, repair, remove, demolish, use
or occupy, or permit the use or occupancy of, any building or structure
or equipment regulated by this Construction Code in violation of the
provisions of this Construction Code or of an approved plan or of
a directive of the Building Official or of a permit or certificate
issued under the provisions of this Construction Code or who shall
permit the use, occupancy, erection, construction, alteration, extension,
removal, demolition or repair of the building or structure or equipment
in violation thereof, shall, upon being found guilty in an enforcement
proceeding commenced by the Township, pay a penalty of not less than
$200 and not more than $1,000 for each violation plus all costs of
prosecution, which fines and penalties may be collected as provided
by law. Each day that a violation continues shall be deemed a separate
offense, and each section of this Construction Code which is violated
shall be deemed a separate offense. The Building Official may request
the Police Department to make arrests for any offense against this
Construction Code or orders of the Building Official affecting the
immediate safety of the public.
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113.5 Abatement of violation. The
imposition of the penalties herein prescribed shall not preclude the
Township Solicitor or the Building Official from instituting appropriate
action to prevent the unlawful construction or to restrain, correct,
or abate a violation, or to prevent illegal occupancy of a building,
structure or premises or to stop an illegal act, conduct, business,
or use of a building or structure on or about any premises.
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114.3 Unlawful continuance: Any
person who shall continue any work in or about the structure after
having been served with a stop-work order, except such work as that
person is directed to perform to remove a violation or unsafe condition,
shall commit a violation of this Construction Code and shall be subject
to penalties or fines as provided in Section 113.4 and remedies as
provided in Section 113.5.
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