[HISTORY: Adopted by the Board of Supervisors of the Township of White as indicated in article histories. Amendments noted where applicable.]
Department of Code Enforcement — See Ch. 12.
Assessment permits — See Ch. 92.
Floodplain management — See Ch. 149.
Furnaces, outdoor — See Ch. 152.
Property maintenance — See Ch. 210.
Rental property — See Ch. 221.
Sewers and sewage disposal — See Ch. 235.
Subdivision and land development — See Ch. 275.
Water — See Ch. 311.
[Adopted 4-23-2003 by Ord. No. 984]
This article is adopted under authority of § 1517 of the Second Class Township Code, as amended.
The White Township Board of Supervisors do hereby adopt as the White Township Multifamily and Commercial Construction Code the 2000 International Residential Code, the 2000 International Building Code, the 2000 International Plumbing Code, the 2000 International Mechanical Code, and the 2002 National Electrical Code (including codes incorporated by reference therein), as amended from time to time.
[Amended 5-14-2003 by Ord. No. 984A]
This article shall apply to the construction, erection, fabrication, enlargement, alteration, maintenance, repair, and electrical and plumbing installations of all multifamily and commercial structures, and structures accessory thereto, that are undertaken after the effective date of this article.
This article shall exclude and shall not apply to:
New multifamily and commercial buildings or renovations to existing multifamily and commercial buildings for which an application for a building permit was made to White Township before June 1, 2003;
New multifamily and commercial buildings or renovations to existing multifamily and commercial buildings on which a contract for design or construction was signed before June 1, 2003, provided that a building permit has been issued and construction of the same shall commence before June 1, 2004; and
Any agricultural buildings.
Building permits issued prior to June 1, 2003, shall remain valid and the construction of the building or structure may be completed in accordance with the approved permit, provided the construction commences within six months of the issuance date and is completed within two years of the issuance date. The permit holder shall acquire a new permit complying with the terms of this article if the permit is not actively prosecuted during this time period. Further, the legal occupancy of a structure existing on June 1, 2003, may continue without change except where the codes provide otherwise.
As used in this article, the following terms shall have the meanings indicated:
- AGRICULTURAL BUILDING
- A structure utilized to store farm implements, hay, feed, grain, or other agricultural or horticultural products or to house poultry, livestock or other farm animals. The term shall not include habitable space, spaces in which agricultural products are processed, treated or packaged and shall not be construed to mean a place of occupancy by the general public.
- BUILDING INSPECTOR
- An individual or agency employed by the White Township Board of Supervisors who manages, supervises and/or administers building enforcement activities.
- The 2000 International Residential Code, the 2000 International Building Code, the 2000 International Plumbing Code, the 2000 International Mechanical Code, and the 2002 National Electrical Code; or the most current edition of the above-referenced code.
- COMMERCIAL STRUCTURE
- A building, structure or facility that is not a residential building.
- MULTIFAMILY STRUCTURE
- A building or group of buildings containing three or more living units, to include multiple single-family dwellings (townhouses) with separate means of egress, regardless of building's height or number of stories, but it shall not include detached one- and two-family dwellings.
- STOP-WORK ORDER
- A directive by the Township or the Building Inspector to cease construction activity of a construction project.
The Township Supervisors may, by motion, appoint a Building Inspector and Deputy Building Inspector(s), to administer this article. Said Building Inspector(s) shall be empowered with the authority to enforce all provisions of this article and the codes being herein adopted by the Township.
The Township Supervisors may, from time to time, by resolution, adopt, change, alter or amend various articles or sections or chapters of the 2000 International Residential Code, the 2000 International Building Code, the 2000 International Plumbing Code, the 2000 International Mechanical Code, and the 2002 National Electrical Code, as the Township Supervisors deem appropriate or necessary for the administration of this article and the health, safety and welfare of its residents.
The Township Supervisors may, from time to time, by resolution, adopt, change alter, or amend fees for any permits, services, certificates, or inspections authorized by this article. The owner of any property for which a permit is required, along with the applicant for said permit, shall both be liable to the Township for any such fees for permits and inspections.
No multifamily or commercial structure shall be occupied until a certificate of occupancy is issued by the Building Inspector. No such certificate of occupancy shall be issued until all inspections as required by this article, or the codes adopted herein, have been completed and all associated fees have been paid to the Township.
The property owner or permit applicant shall be required to submit a plan, prepared in accordance with the requirements of the herein adopted codes, showing the improvements requested. Said plans shall be for information purposes only for the Township, and the issuance of any permit after such submission does not constitute approval of any plan so submitted, which plans are deemed to be solely for the purpose of assisting the Township during inspections, and review of the application.
In the event that any other law or ordinance of the Township, state or federal governments provides for a stricter standard than provided in this article or the codes adopted herein, the stricter standard shall apply.
The Building Inspector, or his authorized representative, is hereby authorized to enter upon private property at all reasonable times for the purpose of conducting inspections and investigations to assure compliance with this article or the codes adopted herein.
The White Township Supervisors hereby create the White Township Construction Code Appeals Board. Said appeals board shall be established in accordance with the 2000 International Building Code, "Chapter 1, Section 112 — Board of Appeals." The Board of Appeals shall have five members and two alternate members. Further, the White Township Supervisors hereby adopt Appendix B of the 2000 International Building Code by reference, except that "Section B101.2.2 — Qualifications," shall not be adopted. Qualifications of the appeals board membership shall comply with "Chapter 1, Section 112.3 — Qualifications," of the 2000 International Building Code.
The Township shall respond to violations of this article as follows:
If at any time the Building Inspector determines that a property owner, contractor, permit applicant, or any other person connected with the construction, installation, or renovation has violated any provision of this article, or standards established by the codes or any amendments thereto, the said Building Inspector shall have the right to suspend any permit issued, issue a stop-work order, deny an occupancy permit, and/or refuse to permit any further construction or installation. The Building Inspector shall have all the rights provided for in the codes adopted hereunder.
In the event of a violation of any provisions of this article, no certificate of occupancy shall be issued for any such structure determined to be in violation by the Building Inspector, and no such structure shall be occupied by any person until such violation is abated.
The Township may proceed with an action at law and/or in equity to enforce the provisions of this article, and the proceeding with legal action shall not prohibit the Township from seeking to impose other penalties prescribed by this ordinance nor from suspending construction or issuing a stop-work order as provided for in this article.
In addition to or separate from the actions set forth in Subsections A through C above, any person violating this article, or any part thereof, may be charged with a summary offense and shall, upon conviction before a Magisterial District Judge or other Court of the Commonwealth of Pennsylvania, pay a fine of not more than $1,000, and in default of the payment of such fine, shall be imprisoned as permitted or provided for in the enforcement of summary offenses. Each day a violation continues shall be deemed to be a separate offense and shall be subject, in all respects, to the same penalties as the first offense, and separate proceedings may be instituted and separate penalties imposed for each day's offense.
[Adopted 3-24-2004 by Ord. No. 993]
White Township hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code, Act 45 of 1999, 35 P.S. §§ 7210.101 through 7210.1103, as amended from time to time, and its regulations.
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 White Township.
Administration and enforcement of the code within White Township shall be undertaken in any of the following ways as determined by the White Township Board of Supervisors from time to time by resolution:
By the designation of an employee of White Township to serve as the municipal code official to act on behalf of White Township;
By the retention of one or more construction code officials or third-party agencies to act on behalf of White Township;
By agreement with one or more other municipality for the joint administration and enforcement of this Act through an intermunicipal agreement;
By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of White Township;
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.
The White Township Construction Code Appeals Board, created by § 120-12 on April 23, 2003, as amended, is hereby recognized and reestablished as the White Township Construction Code Board of Appeals which shall continue its duties uninterrupted and 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 Construction Code Board of Appeals shall be established by joint action of the participating municipalities.
With regard to any previously established ordinances, regulations, or policies relating to construction codes:
All building code ordinances or portions of ordinances which were adopted by White Township on or before July 1, 1999, and which equal or exceed the requirements of the code shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the code, as amended from time to time.
All building code ordinances or portion 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.
All relevant ordinances, regulations and policies of White Township not governed by the code shall remain in full force and effect.
Fees for the administration and enforcement undertaken pursuant to this article and the code shall be established by White Township by resolution from time to time. The owner of any property from which a permit is required, along with the applicant for said permit, shall both be liable to White Township for any such fees for permits and inspections.
Building code officials of White Township are herein authorized to enter upon private property at all reasonable times for the purpose of conducting inspections and investigations to assure compliance with this article and the codes adopted herein.