[HISTORY: Adopted by the Board of Supervisors of the Township
of Carroll as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-6-2004 by Ord. No. 2004-1]
This municipality hereby elects to administer and enforce the
provisions of the Pennsylvania Construction Code Act, Act 45 of 1999,
35 P.S. § 7210.101 to 7210.1103, as amended from time to
time, and its regulations.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401 to 405, as amended from time to time, is hereby adopted and incorporated
herein by reference as the municipal building code of this municipality.
Administration and enforcement of the code within this municipality
shall be undertaken in any of the following ways, as determined by
the governing body of this municipality 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; and/or
D.
By entering into a contract with another municipality for the administration
and enforcement of this Act on behalf of this municipality; and/or
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.
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 board of appeals shall be established by joint action of the
participating municipalities.
A.
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 requirements of the code, as amended from time
to time.
B.
All building code ordinances or portions 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.
C.
All relevant ordinances, regulations and policies of this municipality
not governed by the code shall remain in full force and effect.
Fees assessable by the municipality for the administration and
enforcement undertaken pursuant to this article and the code shall
be established by the governing body by resolution from time to time.
[Adopted 8-7-2007 by Ord. No. 2007-3]
This article shall be known as the "Carroll Township Construction
Inspection Ordinance."
The purpose of this article is to ensure the proper administration
and enforcement of the UCC (Uniform Construction Code) within the
Township of Carroll by permitting an employee or appointed third-party
agent of the Township to be present for all inspections of residential
and commercial construction.
As used in this article, the following terms shall have the
meanings indicated:
The holder of a building permit or his agent.
A person employed by Carroll Township or a person, firm or
corporation retained by Carroll Township who is certified by the Department
under this Act to perform plan review of construction documents, inspect
construction or administer and enforce codes and regulations adopted
pursuant to the UCC and related Carroll Township ordinances.
The Pennsylvania Department of Labor and Industry.
A person certified by the Department in accord with the Pennsylvania
Construction Code Act to conduct plan review of construction documents
and inspect construction and who is not an employee of Carroll Township
and is not an entity retained by Carroll Township.
A person, firm or corporation employed or retained by Carroll
Township and certified by the Department as a construction code official
and contracted to perform plan review of construction documents, inspect
construction or administer and enforce codes and regulations under
this article.
The following provisions shall apply to all inspections of residential
and commercial construction conducted in Carroll Township by a private
construction code official:
A.
A private construction code official inspecting any part of the work described under Subsection F of this section shall provide Carroll Township with documentation establishing that he has a current certification from the Department to inspect the type of work being inspected.
B.
The builder or private construction code official shall contact the
Code Enforcement Officer of Carroll Township at least 48 hours prior
to having a private construction code official perform any inspections
of on-site construction.
C.
The builder shall supply Carroll Township with the day and time that
an inspection will occur.
D.
The builder shall permit the Township Building Inspector to be present
for the entire inspection and to have access to any and all areas
necessary to perform a proper inspection.
E.
It shall be unlawful for any person, firm or corporation to conduct
any aspect of an inspection without the Township Building Inspector
being present.
F.
These requirements shall apply to inspections of footings, foundations,
slab, framing and/or masonry, insulation, rough sprinkler, close-up/wallboard,
electrical, plumbing and mechanical inspections, including rough plumbing,
underground, mechanical, as well as final inspections of the aforementioned
work, and any other inspection deemed necessary by the Township Code
Enforcement Officer to ensure compliance with the UCC.
In the case of any inspections that are performed by a person, firm or corporation other than the Township Building Inspector, where the Township was not provided notice of the inspection(s) in accordance with § 112-10 of this article, the Township shall be entitled to issue a cease-and-desist order and may institute any appropriate action or proceeding to prevent such unlawful activities; to restrain, correct or abate such violations; or to prevent any illegal act, conduct, business or use in or about such premises. Any construction which proceeds without at least 48 hours' advance notice (exclusive of Saturdays, Sundays and holidays) to the Township shall be uncovered or otherwise made available for inspection by the Township Building Inspector at the builder's expense.
A person, firm or corporation who violates any provision of
this article shall be liable, upon conviction thereof before a Magisterial
District Judge, to pay a fine or penalty not to exceed $1,000 for
each and every offense. Whenever such person, firm or corporation
shall have been notified by the Township that he or it is committing
a violation of this article, each day's continuance of such violation
after such notification shall constitute a separate offense punishable
by a like fine or penalty. Such fines or penalties shall be collected
as like fines or penalties are now collected by law.
