[Ord. 92-1, 4/27/1992, § 2; as amended by Ord.
96-4, 5/28/1996; by Ord. 97-7, 10/13/1997, § 5-301; by Ord.
04-5, 6/28/2004, § 8; and by Ord. 17-03, 3/27/2017]
1. As the Plumbing Code of the Township of New Hanover, the Township
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.
2. 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 Plumbing Code of New Hanover Township.
3. Administration. Administration and enforcement of the Code within
New Hanover Township shall be undertaken in any of the following ways
as determined by the Board of Supervisors of New Hanover Township
from time to time by resolution:
A. By the designation of an agent or employee of New Hanover Township
to serve as the Municipal Code Official to act on behalf of New Hanover
Township.
B. By the retention of one or more construction code officials or third-party
agencies to act on behalf of New Hanover Township.
C. By agreement with one or more other municipalities for the joint
administration and enforcement of this Act through an intermunicipal
agreement.
D. By entering into a contract with another municipality for the administration
and enforcement of this Act on behalf of New Hanover Township.
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.
4. Board of Appeals. A Board of Appeals shall be established by resolution
of the Board of Supervisors of New Hanover Township 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.
5. Duties of Enforcing Official. It shall be the duty of the Code Enforcement
Officer to enforce all laws relating to the design, installation and
performance of plumbing systems within the Township, including public
and private sewer systems.
6. Right of Entry. The Code Enforcement Officer, in the discharge of
his official duties and under proper identification, shall, upon request,
have the authority to enter any building, structure or premises at
any reasonable hour. Such right of entry shall not be unreasonably
withheld, and, should the right of entry subsequently be determined
to be unreasonably withheld, said refusal shall then be considered
a violation of this part.
7. Plumber's Liability Insurance. All persons who have been issued a
plumber's license, as hereinafter described in the New Hanover Township
Plumbing Code, shall submit to the Township Manager a copy of the
plumbing contractor's insurance for liability to be conditioned that
all plumbing work performed by the licensee under his supervision
shall be performed in accordance with the provisions of this part
and the Code hereby adopted, and that he will pay all fines and penalties
properly imposed upon him for violations of the provisions of this
part.
8. Existing Ordinances.
A. Other than as specified in Subsection
8D below, all plumbing code ordinances or portions of ordinances which were adopted by New Hanover Township 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 plumbing 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.
C. All relevant ordinances, regulations and policies of New Hanover
Township not governed by the Code shall remain in full force and effect.
D. The following sentence shall be deleted from § P-304.1
of the Code adopted by Ord. 92-1, as amended:
E. "Garbage disposal systems are not permitted in areas serviced by
public sewer."
9. Terms Used in Plumbing Code.
A. Wherever the words "name of jurisdiction" are used in the Plumbing
Code, they shall be held to mean New Hanover Township.
B. Wherever the words "name of state" are used in the Plumbing Code,
they shall be held to mean the Commonwealth of Pennsylvania.
C. Wherever the words "date of adoption of this Code" are used in the
Plumbing Code, they shall be held to mean the date of adoption of
this Code, as affixed hereto.
10. Violation. Any person, firm or corporation who shall violate any
provision of this part, upon conviction thereof in an action brought
before a magisterial district judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not less than $100
nor more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 90 days. Each
day that a violation of this part continues or each section of this
part which shall be found to have been violated shall constitute a
separate offense.
11. Fees. Fees assessable by new Hanover Township for the administration
and enforcement undertaken pursuant to this part and the Code shall
be established by the Board of Supervisors of New Hanover Township
by resolution from time to time.