[Ord. 454, 10/17/2001]
Township personnel, as designated from time to time by the Municipal
Authority of Lower Swatara Township, shall have the responsibility
for the inspections of the dwelling units, buildings or structures
in the administration and enforcement of this Part and/or technical
codes of said Municipal Authority.
[Ord. 454, 10/17/2001]
Municipal Authority personnel, or any other official or employee
charged with the administration and enforcement of this Part and technical
codes and those other codes and/or ordinances of the Township, who
act in good faith and without malice in the discharge of duties shall
not thereby be rendered personally liable, and are hereby relieved
from all personal liability for any damage accruing to persons or
property as a result of any act required or omission in the discharge
of official duties. Any suit instituted against the employee because
of such act or omission performed by that employee in the lawful discharge
of duties and under the provisions of this Part shall be defended
by the legal representative of the Township or the Municipal Authority
of Lower Swatara Township until the final termination of the proceedings,
and any judgment resulting therefrom shall be assumed by Lower Swatara
Township or the Municipal Authority of Lower Swatara Township. The
employee shall not be liable for costs in any action, suit or proceeding
that is instituted in pursuance of the provisions of this Part, the
technical codes and those other codes and/or ordinances which designate
said employee as the Municipal Authorities' official administration
and enforcement person. Any designated Township employee, acting in
good faith and without malice, shall be free from liability for acts
performed under any of its provisions or by reason of any act or omission
in the performance of official duties in connection therewith. This
Part and the technical codes shall not be construed to relieve from
or lessen the responsibility of any person owning, operating, or controlling
a building, structure, or building service equipment therein for damages
to persons or property caused by defects, nor shall the Municipal
Authority designated personnel of Lower Swatara Township be held as
assuming such liability by reason of the inspections authorized by
this Part or technical codes or permits or certificates issued under
said codes.
[Ord. 454, 10/17/2001]
An official record shall be kept of all infiltration and inflow
inspections by Township personnel on forms approved by the Municipal
Authority. All such records shall be open to the public for inspection
at all appropriate times, except that no individual, owner, operator,
occupant or other person shall be subject to unwarranted invasion
of privacy, and except that all evidence or information obtained in
the course of any inspection shall be considered privileged information
and shall be kept confidential in order to maintain the integrity
and security of such records. Such evidence or information shall not
be disclosed except as may be necessary in the judgment of the Municipal
Authority for the proper and effective administration and enforcement
of the provisions of this Part and shall not otherwise be made public,
without the consent of the owner, occupant, operator or other person
in charge of the unit, structure or premises inspected. Such records
shall be retained in the official records so long as the building
or structure to which they relate remains in existence unless otherwise
provided by other regulations.
[Ord. 454, 10/17/2001]
At least annually, the Municipal Authority shall submit to the
Board of Commissioners a written statement of operations in the form
and content as shall be prescribed by the Board.
[Ord. 454, 10/17/2001]
An official or employee with Lower Swatara Township shall not
be engaged in or directly or indirectly connected with the furnishing
of labor, materials or appliances for the construction, alteration
or maintenance of a building, or the preparation of plans or of specifications
thereof, unless that person is the owner of the building; nor shall
such officer or employee engage in any work which conflicts with official
duties or with interests in the department.
