[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Hanover 4-13-2004 by Ord. No. 2004-04. Amendments noted where applicable.]
A.
Upper Hanover Township, in order to administer and
enforce the provisions of the Pennsylvania Construction Code Act,
Act 45 of 1999,[1] and pursuant to Section 501 of the Act, hereby adopts
the Uniform Construction Code contained in 34 PA Code, Chapters 401
- 405, as amended from time to time, which is incorporated herein
by reference as the Building Code of Upper Hanover Township.
[1]
Editor's Note: See 35 P.S. § 7210.101
et seq.
B.
Administration and enforcement of the code within
Upper Hanover Township shall be undertaken by the retention of one
or more Building Code Officials or third-party agencies to act on
behalf of Upper Hanover Township.
C.
A Board of Appeals shall be established by resolution
of the governing body of this municipality 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 Boards of Appeals shall be established
by joint action of the participating municipalities.
D.
Effect of adoption.
(1)
All building code ordinances or portions of ordinances
which were adopted by this municipality 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 requirement of the code, as amended from
time to time.
(2)
All relevant ordinances, regulations and policies
of this municipality not governed by the code shall remain in full
force and effect.
(3)
Climatic, geographic and inside/outside environmental
standards for the local area as required by the respective codes are
to be established by Upper Hanover Township through separate resolution.
E.
Fees assessable by Upper Hanover Township for the
administration and enforcement undertaken pursuant to this chapter
and the code shall be established by Upper Hanover Township through
resolution from time to time.
F.
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
Upper Hanover Township Uniform Construction Code for all of the following:
[Added 3-8-2005 by Ord. No. 2005-03]
(1)
The construction, erection or placement of any accessory
structure which is equal to or greater than 200 square feet, whether
or not such accessory structure is connected to any utility.
(2)
The construction, erection or placement of any accessory
structure which is less than 200 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.
(3)
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.
(a)
Replacement of windows and doors when there
is no change in the size of the existing opening.
(b)
Reroofing of less than 25% of the total existing
roof square footage.
(c)
Replacement of 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.
(d)
Addition or replacement of siding on the exterior
of the residential structure.
(e)
Repair or replacement of any nonstructural portion
of a deck, porch or stoop.
(f)
Replacement of an appliance switch or receptacle
with a switch or receptacle which is the same or has a like rating.
(g)
The addition of one appliance switch or receptacle.
(h)
The repair or replacement of any nonstructural
member.
(i)
The repair or replacement of any sink, toilet,
tub, shower or similar plumbing fixture without relocation of any
drain or venting device.
Any person who fails to comply with the provisions
of this chapter or who fails to carry out an order made pursuant to
this chapter or who violates any condition attached to a permit, approval
or certificate shall, upon conviction thereof, be guilty of a summary
offense punishable by a fine of not less than $100 nor more than $1,000
plus costs of prosecution and, in default of payment thereof, a term
of imprisonment not exceeding 90 days. Each day that a violation continues
after due notice has been served shall be deemed a separate offense.
The provisions of this chapter, so far as they
are the same as those of ordinances and regulations in force immediately
prior to the enactment of this chapter, are intended as a continuation
of such ordinances and regulations and not as new enactments. The
provisions of this chapter shall not affect any act done or liability
incurred nor shall they affect any suit of prosecution pending or
to be instituted to enforce any repealed ordinances or regulations.