[Ord. 1908, 5/24/2004]
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 — 7210.1103, as
amended from time to time, and its regulations.
[Ord. 1908, 5/24/2004]
The Uniform Construction Code, contained in 34 Pa. Code Chapters
401 – 405, as amended from time to time, is hereby
adopted and incorporated herein by reference as the municipal building
code of this municipality.
[Ord. 1908, 5/24/2004]
By virtue of the submission by this municipality to the jurisdiction of the Allegheny County Health Department pursuant to Township Ordinance No. 983 and the Local Health Administration Law, 16 P.S. §§ 12001 to 12028, the Allegheny County Health Department shall administer and enforce its Article XV, Rules and Regulations for Plumbing, which incorporates the International Plumbing Code, and Plumbing Chapters 25 through 32 of the International Residential Code. To the extent permitted by law, Article XV shall take precedence over the International Plumbing Code and Plumbing Chapters 25 through 32 of the International Residential Code where the requirements of Article XV exceed the requirements of the International Plumbing and Residential Codes.
[Ord. 1908, 5/24/2004]
Administration and enforcement of the Code within this municipality
may be undertaken as follows:
1.
By the designation of an employee of the municipality or retention
of a third-party agency to serve as the building code official to
act on behalf of the municipality.
2.
The Allegheny County Health Department Plumbing Division is hereby designated to administer and enforce its Article XV, which incorporates the International Plumbing Code and Chapters 25 through 32 of the International Residential Code, and the duties of the building code official pertaining to plumbing are hereby delegated to the Allegheny County Health Department Plumbing Division pursuant to 34 Pa. Code 403.3(b).
3.
By agreement with one or more municipalities for joint administration
or enforcement of the Code.
4.
By agreement with another municipality for the administration and
enforcement of the Code on behalf of the Township.
[Ord. 1908, 5/24/2004; as amended by Ord. 1997, 1/22/2018]
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 this municipality's code enforcement and administration duties are undertaken jointly with one or more other municipalities, said Board of Appeals shall be established by joint action of the participating municipalities, except that any appeals filed with respect to Article XV of the Allegheny County Health Department Rules and Regulations, which incorporates the International Plumbing Code and Chapters 25 through 32 of the International Residential Code, shall be conducted by the Allegheny County Health Department in accordance with Article XI of the Allegheny County Health Department Rules and Regulations. Further, the Board of Appeals may adjudicate appeals, consistent with the Local Agency Law, relating to other ordinances as provided for by the Harrison Township Code.
[Ord. 1908, 5/24/2004]
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 requirements of the Code, as amended from time
to time.
2.
All building code ordinances or portions of ordinances which are
in effect as of the effective date of this Part and whose requirements
are less than the minimum requirements of the Code are hereby amended
to conform with the comparable provisions of the Code.
[Ord. 1908, 5/24/2004]
Fees assessable by the municipality for the administration,
enforcement or appeals undertaken pursuant to this Part and the code
shall be established by the governing body by resolution from time
to time, except those fees as required by the Plumbing Division of
the Allegheny County Health Department, which shall be established
by the Allegheny County Health Department. Fees assessed by the Commonwealth
of Pennsylvania shall be collected and disbursed according to law.
[Ord. 1908, 5/24/2004]
Any individual, firm or corporation that violates any provision
of this Part or of the Uniform Construction Code commits a summary
offense and shall, upon conviction, be sentenced to pay a fine of
not more than $1,000 and costs. Each day that a violation continues
shall be considered a separate violation.
[Ord. 1963, 8/26/2013]
1.
No owner of property containing a dwelling unit, which property is
subject to a Township notice ("notice") as defined herein, shall sell,
transfer, mortgage, lease or otherwise dispose of such property or
structure subject to such notice without first delivering to the grantee,
transferee, mortgagee or lessee a document of property compliance
issued by the Township Building Inspector or other authorized officer
of the Township.
2.
A document of compliance shall be issued when all of the following
have occurred:
A.
At least 14 days before the proposed sale, transfer, mortgage or
lease, a completed application for document of compliance has been
filed with the Township Secretary, accompanied by an administrative
fee of $50 or such other amount as may be set from time to time by
resolution of the Board of Commissioners, provided that the said fifty-dollar
fee shall be refunded where the corrections, repairs or removal are
completed within 60 days after the transfer;
B.
The Building Inspector certifies in writing that one of the following
has occurred:
(1)
The provisions of the notice have been complied with, or
(2)
A court of competent jurisdiction has by a final order granted the
property owner relief from such notice; or
(3)
Such owner has furnished the proposed grantee, transferee, mortgagee,
or lessee a true copy of the notice and has furnished to the Township
Building Inspector a signed and notarized transfer affidavit wherein
the grantee, transferee, mortgagee or lessee acknowledges receipt
of such notice and fully accepts responsibility for making the corrections,
repairs or removal required by such notice and agrees to commence
such corrections, repairs or removals within 60 days of such sale,
transfer, mortgage or lease, or such other time that the Building
Inspector finds reasonable under the circumstances, considering the
scope of work and weather. Such transfer notice shall be in the form
directed by the Building Inspector.
3.
The Building Inspector shall not issue an occupancy or building permit
for property transferred in violation of this Section.
4.
A completed application for document of compliance and required fee
shall accompany all requests for a no-lien letter.
5.
The Board of Commissioners may by resolution adopt reasonable rules
and regulations to assist in the administration and enforcement of
the provisions of this Part.
6.
Any person aggrieved by a determination of the Township official
hereunder to deny the issuance of a compliance document may appeal
to the Harrison Township Board of Commissioners, which Board, or a
tribunal or hearing officer appointed by said Board, shall hold a
Local Agency Law hearing. Any appeal must be filed in writing with
the Township Secretary within 30 days of the date of the determination
appealed from and shall state the grounds for appeal and be accompanied
by a nonrefundable fee in the amount of $50 plus such deposit as the
Township shall determine as necessary to cover costs of advertising
and a court reporter.
7.
Any person, firm or corporation who shall violate any provision of
this Part 2, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs, and in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall be a
separate offense.
8.
For the purposes of this Part, the term "notice" shall include a
notice or order issued by the Township and requiring real property
to be brought into compliance with the applicable building code, property
maintenance regulations or dangerous buildings ordinance, or a citation
issued by the Township for violation of building code, property maintenance
or dangerous buildings regulations.
