[Ord. 2-2004, 6/21/2004, § 1]
This Part shall be known and may be cited as the North Lebanon
Township Construction Code Ordinance, and may be referred to herein
as the Code, and hereby amends of the applicable Code of Ordinances
of the municipality.
[Ord. 2-2004, 6/21/2004, § 2]
The purpose of this Part is to promote the general health, safety
and welfare of the residents of North Lebanon Township, to conform
to the requirements of the Pennsylvania Uniform Construction Code
Act, to comply with the regulations issued by the Pennsylvania Department
of Labor and Industry within the Pennsylvania Uniform Construction
Code (UCC), including all standards, codes and other information incorporated
herein and to adopt administrative and enforcement regulations.
[Ord. 2-2004, 6/21/2004, § 3]
North Lebanon Township (hereinafter sometimes referred to as
"municipality") hereby adopts and incorporates by reference the Pennsylvania
Uniform Construction Code, as contained in 34 Pa.Code, Chapters 401 - 405
and amendments thereto, and declares this to be the North Lebanon
Township Construction Code Ordinance, referred to herein as the "Code."
[Ord. 2-2004, 6/21/2004, § 4]
The Code and 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, unless exempted
by the Pennsylvania Uniform Construction Code (UCC). All other ordinances
of the municipality which are more stringent shall apply. It shall
be the joint responsibility of the owner, lessee, if any, and the
contractor to obtain the required Code permit before performing any
work.
[Ord. 2-2004, 6/21/2004, § 5]
1. In accordance with and in addition to the administrative provisions
of the Pennsylvania Construction Code Act 45 of 1999, the Pennsylvania
Uniform Construction Code (UCC) and the Pennsylvania Department of
Labor and Industry Regulations, the following administrative and enforcement
requirements shall be part of the Code:
A. Administration.
(1)
The administration and enforcement of the Code and Pennsylvania
Department of Labor and Industry Regulations is hereby delegated to
the County of Lebanon by virtue of a separate contract authorizing
the Building Code Official of the Lebanon County Planning Department
to administer and enforce the Code on behalf of the municipality.
For purposes of this Part, the term Building Code Official shall include
all employees and contracted agents of the Lebanon County Planning
Department who are Building Code Officials, Code Administrators, Construction
Code Officials, Current Code Administrators or individuals similarly
licensed and/or certified by the State of Pennsylvania to perform
Code work.
(2)
The Building Code Official shall have all the powers and duties
set forth in the Pennsylvania Uniform Construction Code (UCC), this
Part, the contract with the County of Lebanon and the Pennsylvania
Department of Labor and Industry Regulations. Specifically, in addition
to such other powers and duties provided, the Building Code Official
shall be authorized to receive Code permit applications; issue or
deny Code permits; collect fees for permits, plan reviews and inspections;
make inspections and require such work to be performed as may be necessary
to carry out the provisions of the Code; issue Certificates of Occupancy;
and enter buildings and premises within normal business hours or at
other times with permission of the owner or contractor. Additionally,
the Building Code Official may perform Code enforcement activities
including, but not limited to, issuance of notices of violation, stop
work orders, vacate orders or other legal action necessary to enforce,
restrain, abate or correct violations of the Code.
(3)
The application for a Code permit shall be on forms provided
by the Building Code Official. At the time of Code permit application
and prior to the issuance of a Code permit, the application shall
submit to the Building Code Official two sets of construction documents
with plans and specifications, all required fees and a copy of any
required zoning permit. No Code permit application shall be deemed
complete without the required construction plans, fees, zoning permit
copy and other required approvals. Additionally, the applicant shall
pay all outstanding permit and inspection fees required during the
course of construction prior to the issuance of a certificate of use
and occupancy.
(4)
The application, plan review, permit and inspection fees shall
be paid by each applicant in accordance with the fee schedule established
by resolution of this municipality and maintained by the Building
Code Official.
(5)
A Board of Appeals shall be established by resolution or ordinance
of this municipality in conformity with the requirements of the Code.
Where two or more municipalities decide to establish a joint Board
of Appeals, said Board of Appeals shall be established through joint
action of the participating municipalities, by intermunicipal agreement
in accordance with the Intergovernmental Cooperation Act.
B. Violations and Penalties.
(1)
It shall be unlawful for any person, firm or corporation to
erect, construct, alter, extend, repair, remove, demolish, use or
occupy any building, structure or equipment regulated by this Code,
or to permit or cause same to be done, in conflict with or in violation
of this Code, and in violation of the Regulations adopted hereunder.
(2)
The Building Code Official may serve and enforce a notice of
violation, stop work order, vacate order or other lawful enforcement
notice on any person responsible for the erection, construction, alteration,
extension, repair, removal, demolition, use or occupy a building,
structure or equipment in violation of the provisions of this Code
or any permit issued under the provisions of this Code.
(3)
If the Building Code Official has served a notice of violation
and the notice of violation is not complied with by the deadline prescribed,
summary enforcement proceedings may be initiated by the Building Code
Official against the violator. Additionally, appropriate proceedings
at law or in equity may be instituted by this municipality and/or
the Building Code Official to restrain, correct or abate a violation,
to prevent unlawful construction or to prevent illegal occupancy of
a building, structure or premises.
(4)
Any person, persons, partnerships or corporations which shall
violate a provision of this Code or the regulations adopted hereunder
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, structure
or equipment regulated by this Code in violation of the provisions
of this Code or of an approved plan or of a directive of the Building
Code Official or of a permit or certificate issued under the provision
of this Code or who shall permit the use, occupancy, erection, construction,
alteration, extension, removal, demolition or repair of the building,
structure or equipment in violation thereof, shall, upon being found
guilty in a summary enforcement proceeding commenced by this municipality
or its appointed Building Code Official, pay a penalty of not less
than $400 and not more than $1,000 for each violation plus all costs
of prosecution, which fines or penalties may be collected as provided
by law. Each day that a violation continues shall be deemed a separate
offense, and each section of the code which is violated shall be deemed
a separate offense. The Building Code Official may request the Police
Department to make arrests for any offense against the Code or orders
of the Building Code Official affecting the immediate safety of the
public.
[Ord. 2-2004, 6/21/2004, § 6]
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed, and if not so inconsistent shall remain
in full force and effect.
[Ord. 2-2004, 6/21/2004, § 7]
In the event any provision, section, sentence, clause or part
of this Part shall be held to be invalid, illegal or unconstitutional
by a court of competent jurisdiction, such invalidity, illegality
or unconstitutionality shall not affect or impair the remaining provisions,
sections, sentences, clauses or parts of this Part, it being the intent
of the municipality that the remainder of this Part shall be and shall
remain in full force and effect.
[Ord. 2-2004, 6/21/2004, § 8]
This Part shall take effect and be effective on July 6, 2004.