[Ord. 415, 6/7/2004, § 1]
This Part shall be known and may be cited as the "West Lebanon
Construction Code Ordinance," and may be referred to herein as the
"code."
[Ord. 415, 6/7/2004, § 2]
The purpose of this Part is to promote the general health, safety,
and welfare of the residents of West Lebanon Township, to conform
to the requirements of the Pennsylvania Construction Code Act, 35
P.S. § 7210.101 et seq., and to comply with the regulations
issued by the Pennsylvania Department of Labor and Industry within
the Pennsylvania Uniform Construction Code (UCC).
[Ord. 415, 6/7/2004, § 3]
West Lebanon Township (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 West Lebanon Township Construction Code Ordinance,
referred to herein as the "code."
[Ord. 415, 6/7/2004, § 4]
The code 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). 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. 415, 6/7/2004, § 5; as amended by Ord. 454,
9/2/2008]
1.
In accordance with and in addition to the administrative provisions
of the Pennsylvania Construction Code Act 45 of 1999, and 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)
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 Commonwealth of Pennsylvania
to perform code work.
(2)
The Building Code Official(s) shall have all the powers and
duties set forth in the Pennsylvania Uniform Construction Code (UCC).
Specifically, the Building Code Official(s) 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(s) may perform code enforcement activities including,
but not limited to, issuance of notices, violation, stop work orders,
vacate orders or other legal action necessary to enforce, restrain,
abate, or correct violations of the code.
(3)
Application for a code permit shall be on forms provided by
the Building Code Official(s). At the time of code permit application
and prior to issuance of a code permit, the applicant shall submit
to the Building Code Official(s) 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, and zoning
permit copy. 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)
Application, plan review, permit and inspection fees shall be
paid by applicants in accordance with fee schedules established by
resolution of the Township and maintained by the Building Code Official(s).
(5)
The Board of Appeals shall be established by resolution of this
Township 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, 53 Pa.C.S.A. § 2301
et seq.
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.
(2)
The Building Code Official(s) may serve 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(s) 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(s) against the violator. Additionally, appropriate proceedings
at law or in equity may be instituted by the Township 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 who shall violate a provision of this 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, 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(s) 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, 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 constitute a separate offense.
