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 and 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 and I Regulations do not have to comply with the Construction
Code but shall comply with all other applicable Township ordinances.
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It is the further intent of the Board of Supervisors that all construction
within the Township shall comply with the provisions of the Americans with
Disabilities Act and all applicable regulations to implement the Americans
with Disabilities Act promulgated by federal and state regulatory agencies
and with the Code Requirements for Housing Accessibility, and this Code shall
be interpreted in a manner which fulfills this intent. It is also the further
intent of the Board of Supervisors to comply with the requirements of the
Pennsylvania Construction Code Act and the L and I Regulations.
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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 and 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 and 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 and 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 and 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, issuing
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 An applicant for a Construction Code permit 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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103.2.4 As an alternative to the procedure set forth in Section 103.2.3
above, an applicant for a Construction Code permit shall submit one complete
copy of the application to the Building Code Official together with plans
which a third-party agency has reviewed and has certified to meet all requirements
of this Construction Code and the fee imposed by the Township for administrative
processing of an application when the applicant has a third-party agency review
the plans. If the documents are in satisfactory form, the Building Code Official
shall issue a Construction Code. The permit holder shall arrange for all inspections
with the Construction Code Official who 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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The building official shall have the right to reject any report performed
by any individual or agency unless the permit holder has requested and obtained
the prior approval of the building official for such individual or agency
to perform such inspection. Any individual or agency performing such inspection
and providing such report shall demonstrate to the satisfaction of the building
official that such individual or agency has obtained all necessary certifications
from L and I.
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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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1.
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Sections 403.42(a) and 403.62(a) shall be amended by inserting the following
at the end of the existing sections:
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It shall be the joint responsibility of the owner, lessee, if any, and
the contractor to determine that a Construction Code permit (and all other
required permits and approvals) has been obtained before performing any work.
It shall be unlawful for any contractor or subcontractor to perform any work
for which a Construction Code permit is required unless the owner and contractor
obtain and post a Construction Code permit as required by this Construction
Code.
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2.
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Sections 403.42a(b) and 403.62a(b) shall be amended by inserting the
following at the end of the existing sections:
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At the time of filing an application for a Construction Code permit,
the applicant shall present to the Building Code Official adequate evidence
that the applicant has obtained from all governmental authorities having jurisdiction,
all permits, licenses, approvals and/or variances required in connection with
the proposed use, occupancy, construction, enlargement, alteration or demolition.
Such agencies shall include but not be limited to the Zoning Officer, Zoning
Hearing Board, Lancaster County Conservation District, Warwick Township Municipal
Authority (where public sewer or water service is proposed), Sewage Enforcement
Officer (where on-lot sewage disposal is proposed), State Police Fire Marshal,
DEP, L and I, and the Pennsylvania Departments of Community and Economic Development
and Transportation. No application for a Construction Code permit is complete
without a copy of any required zoning permit and proof of any required subdivision
and/or land development approval, stormwater management plan approval.
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3.
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Sections 403.43(h) and 403.63(h) shall be amended by inserting the following
at the end of the existing sections:
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The applicant shall post a copy of the Construction Code permit at a
location on the property clearly visible to members of the public.
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4.
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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 under the Warwick Township Construction Code for
all of the following:
[Added 6-15-2005 by Ord. No. 217] | |||
a.
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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.
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b.
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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.
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c.
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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.
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(1)
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Replacement of windows and doors when there is no change in the size
of the existing opening.
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(2)
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Reroofing of less than 25% of the total existing roof square footage.
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(3)
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Replacement of a hot water heater, boiler, or furnace, or the replacement
of any part of a hot water heater, boiler or furnace with the same efficiency
rating, electrical and plumbing requirements.
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(4)
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Addition or replacement of siding on the exterior of the residential
structure.
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(5)
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Repair or replacement of any nonstructural portion of a deck, porch
or stoop.
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(6)
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Replacement of an appliance switch or receptacle with a switch or receptacle
which is the same or has a like rating.
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(7)
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The addition of one appliance switch or receptacle.
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(8)
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The repair or replacement of any nonstructural member.
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(9)
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The repair or replacement of any sink, toilet, tub, shower or similar
plumbing fixture without relocation of any drain or venting device.
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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. If the applicant has not retained
a third-party agency for plan review, 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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1.
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Sections 403.64(g) shall be deleted in its entirety.
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1.
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Section 403.46(b) is amended by adding the following subsection:
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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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2.
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Section 403.65(b) is amended by adding the following subsection:
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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
Warwick Area Appeals Board as the Board of Appeals under the Warwick Township
Construction Code. Members of the Warwick 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 and
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.A. § 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 and 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 and 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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Ground snow load: 30 pounds per square foot.
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Wind speed (mph): 80 mph.
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Seismic design category: 0.
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Weathering: severe.
| |
Frost line depth: 36 inches.
| |
Termite: moderate to heavy.
| |
Decay: slight to moderate.
| |
Winter design temperature: 10°.
| |
Ice shield underlayment required: Yes.
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Flood hazard: May 19, 1980.
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Air freezing index: 750.
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Mean annual temperature: 50°.
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