[HISTORY: Adopted by the Board of Supervisors
of the Township of East Manchester 6-8-2004 by Ord. No. 2004-3.
Amendments noted where applicable.]
The Township hereby elects to administer and
enforce the provisions of the Pennsylvania Construction Code Act,
Act 45 of 1999,[1] as amended from time to time, and its regulations, in
34 Pa. Code Chapters 401 through 405 (collectively referred to as
the "UCC").
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
The UCC is hereby adopted and incorporated by
reference as the building code of the Township, and shall be known
as the East Manchester Township Building Code.
Administration and enforcement of the UCC within
the Township shall be undertaken in any of the following ways as determined
by the Board of Supervisors of the Township from time to time by resolution:
A.
By the designation of an employee of the Municipality
to serve as the Municipal Code Official to act on behalf of the Municipality;
B.
By the retention of one or more Construction Code
Officials or third-party agencies to act on behalf of the Municipality;
C.
By agreement with one or more other municipalities
for the joint administration and enforcement of this Act through an
intermunicipal agreement;
D.
By entering into a contract with another municipality
for the administration and enforcement of this Act on behalf of the
municipality;
E.
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.
[1]
Editor's Note: A Building Code Official and
Code Administrator were appointed 6-8-2004 by Res. No. 2004-9, effective
7-8-2004.
A Board of Appeals shall be established by resolution
of the Board of Supervisors of the Township in conformity with the
requirements of the relevant provisions of the UCC, as amended from
time to time, and for the purposes set forth therein. The Board of
Appeals may also be established by joint action of the Township and
other participating municipalities as provided by the UCC.[1]
A.
All building code or building permit chapters of this
Code which are in effect as of the effective date of this chapter
and whose requirements are less than the minimum requirements of the
UCC are hereby amended to conform to the comparable provisions of
the UCC.
B.
All relevant chapters of this Code, and ordinances,
regulations and policies of the Township not governed by the UCC shall
remain in full force and effect, and any permits required by Township
ordinances, or state or federal statutes or regulations which are
not superseded by the UCC, including but not limited to land use,
driveways, sidewalks, streets, sewage, wells, or NPDES permits, as
applicable, shall continue to be required.
Fees assessable by the Township for the administration
and enforcement undertaken pursuant to this chapter and the UCC shall
be established by the Board of Supervisors by resolution from time
to time.[1] All fees for permits and inspections required by the UCC
and this chapter and all other chapters of this Code shall be paid
before any permits are issued, and any additional fees which shall
become due shall be paid before the issuance of a use and occupancy
certificate.
[1]
Editor's Note: The fee schedule is on file
in the Township offices.
No building permit shall be issued pursuant
to this chapter for any new building or structure that will utilize
an on-site sanitary sewer system until a permit for such system has
been issued by the Township's Sewage Enforcement Officer. If the new
building or structure will connect to a public or community sanitary
sewer system, then the applicant must first provide to the Township's
Building Code Official evidence satisfactory to the Township of the
applicant's irrevocable right to connect to the system in sufficient
capacity for the proposed use.
Final inspections and occupancy permits as required under the UCC shall be conducted or issued in conjunction with, and at the same time as, final inspections and use and occupancy certificates required by Chapter 255, Zoning, of the Code of the Township of East Manchester at section § 255-77. No inspection shall be conducted or certificate issued under either this chapter or § 255-77 separately from the other. It shall be the responsibility of the applicant to request such inspections or certificates from both the Township's Building Code Official and Zoning Officer, who shall be responsible between them for coordinating the inspections and the issuance of the required certificates within the time set by the UCC and Chapter 255, Zoning.
Any owner or person, as those terms are defined
in the UCC, who or which violates or permits a violation of this chapter
or the UCC shall, upon conviction by a Magisterial District Judge
under the Pennsylvania Rules of Criminal Procedure, be guilty of a
summary offense, and shall be punishable by a of not more than $1,000,
plus costs of prosecution. In default of payments thereof, the defendant
may be sentenced to imprisonment for a term not to exceed 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 chapter or the UCC that is violated shall also constitute
a separate offense.
