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 & 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 & 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 & 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 & 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 & 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 & 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 & 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, issue 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 construction code permits
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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103.3 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 & 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, public water service
provider (where public water service is proposed), Sewage Enforcement
Officer (where on-lot sewage disposal is proposed) or public sewage
service provider (where public sewer service is proposed), State Police
Fire Marshal, DEP, L & 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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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. 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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(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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(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 Donegal-Elizabethtown Area Appeals Board as the board of appeals
under the West Donegal Township Construction Code. Members of the
Donegal-Elizabethtown 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 & 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 & 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 & 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): 90 mph.
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Seismic design category: A, B, C, D.
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Weathering: severe.
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Frost line depth: 30 inches.
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Termite: moderate to heavy.
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Decay: slight to moderate.
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Winter design temperature: 10°.
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Ice shield underlayment required: Yes.
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Flood hazard: January 16, 1981, as revised in 2004-2005.
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Air freezing index: 1,000.
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Mean annual temperature: 50°.
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