[Adopted 4-2-2007 by Ord. No. 2007-5]
Editor's Note: This ordinance also repealed former Art. II, Building Code, adopted 12-2-1996 by Ord. No. 96-7.
A certain document, three copies of which are on file in the office of the Secretary of Westtown Township, being marked and designated as the International Building Code, 2006 Edition, including all appendix chapters (see International Building Code Section 101.2.1, 2006 edition), as published by the International Code Council, be and is hereby adopted as the Building Code of Westtown Township, for regulating and governing the conditions and maintenance of all property, buildings and structures, by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use, and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees therefor, and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code on file in the office of the Secretary of Westtown Township are hereby referred to, adopted and made a part hereof as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 57-4 below.
The following sections of the Building Code are revised as follows:
Section 101.1 Title, insert: Westtown Township, Chester County, Pennsylvania.
Section 113.4 Violation penalties, delete in its entirety and replace with the following: Any person who violates or permits a violation of this code 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 90 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 code that is violated shall also constitute a separate offense.
Section 1612.3 Establishment of flood hazard areas, insert: Westtown Township, Chester County.
Section 3410.2 Applicability, insert: The date of adoption of this Building Code.
Ordinance No. 96-7 of Westtown Township adopting the BOCA National Building Code, Thirteenth Edition, 1996, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
Fees assessable by the Township for the administration and enforcement undertaken pursuant to this article and the Code shall be established by the Board of Supervisors by resolution from time to time.
If any section, subsection, sentence, clause or phrase of this article is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article. The Board of Supervisors hereby declares that it would have passed this article, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Nothing in this article or in the Building Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in § 57-4.1 of this article, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
This article and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect five days from and after the date of its final passage and adoption.