[Ord. 2004-62, 6/3/2004]
This Part shall be known and may be cited as the "Swatara Township
Construction Code Ordinance," and may be referred to herein as "the
code," and hereby amends the applicable Code of Ordinances of the
Municipality.
[Ord. 2004-62, 6/3/2004]
The purpose of this Part is to promote the general health, safety
and welfare of the residents of Swatara Township, to conform to the
requirements of the Pennsylvania Construction Code Act,[1] 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.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
[Ord. 2004-62, 6/3/2004]
Swatara Township (hereinafter sometimes referred to as "Municipality")
hereby adopts and incorporates by reference the Pennsylvania Uniform
Construction Code, as contained in the Pennsylvania Construction Code
Act, 35 P.S. § 7210.101 et seq., and its regulations in
34 Pa. Code, Chapters 401-405, and amendments thereto, and declares
this to be the Swatara Township Construction Code Ordinance, referred
to herein as "the code."
[Ord. 2004-62, 6/3/2004]
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. 2004-62, 6/3/2004]
1.
In accordance with and in addition to the administrative provisions
of the Pennsylvania Construction Code Act (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 and are hereby enacted:
A.
Administration.
(1)
The administration and enforcement of the Act, the code, and
the 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 Act,
the code, and the regulations 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 shall have all the powers and duties
set forth in the Act, the Pennsylvania Uniform Construction Code (UCC),
this Part, the contract with the County of Lebanon and the regulations.
Specifically, in addition to such other powers and duties provided,
the Building Code Official shall be authorized to receive code permit
applications; issue code permits; deny code permit applications; 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 Act, the code, and the regulations; 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 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 Act, the code, the regulations
or this Part.
(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 issuance of a code permit, the applicant 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 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.[1]
[1]
Editor's Note: See 53 Pa.C.S.A. § 2301 et seq.
B.
Violations and Penalties.
(1)
It shall be unlawful for any person, fun 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 the same to be done, in conflict with or in violation
of the Act, the code, the regulations, or this Part.
(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 occupancy of a building,
structure or equipment in violation of the provisions of the Act,
the code, the regulations, this Part 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 use or occupancy
of a building, structure or premises.
(4)
Any person who shall violate a provision of the Act, the code,
the regulations or this Part 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 thereof or who shall fail to comply with an
approved plan or a directive of the Building Code Official or of a
permit or certificate issued under the provisions 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, including reasonable attorney's fees incurred, 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 local law enforcement agency
to make arrests for any offense against the code or orders of the
Building Code Official affecting the immediate safety of the public.
