Township of South Hanover, PA Code Enforcement

Additions, alterations or repairs may be made to any building or its building service equipment without requiring the existing building or its building service equipment to comply with all the requirements of the technical codes, provided the addition, alteration or repair conforms to that required for a new building or building service equipment, and the entire existing building complies with all the requirements for means of egress and fire protection systems in the latest edition of the Township's Building Code [Article II] for new buildings. Additions or alterations shall not be made to an existing building or building service equipment which will cause the existing building or building service equipment to be in violation of any of the provisions of the technical codes nor shall such additions or alterations cause the existing building or building service equipment to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or building service equipment to become structurally unsafe or overloaded; will not provide adequate egress in compliance with the provisions of the building code or will obstruct existing exits; will create a fire hazard; will reduce required fire resistance; will cause building service equipment to become overloaded or exceed their rated capacities; will create a health hazard or will otherwise create conditions dangerous to human life. Any building so altered, which involves a change in use or occupancy, shall not exceed the height, number of stories and area permitted, and shall comply with all the requirements for means of egress and fire protection systems of the building code for new buildings. Any building plus new additions shall not exceed the height, number of stories and area specified by the building code for new buildings. Additions or alterations shall not be made to an existing building or structure when such existing building or structure is not in full compliance with the provisions of the building code except when such addition or alteration will result in the existing building or structure being no more hazardous based on life safety, fire safety and sanitation, than before such additions or alterations are undertaken.

Alterations or repairs to an existing building or structure which are nonstructural and do not adversely affect any structural member or any part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is constructed, subject to approval by the Code Enforcement Officer. The installation or replacement of glass shall be as required for new installations.

Minor additions, alterations and repairs to existing building service equipment installations may be made in accordance with the technical code in effect at the time the original installations was made, subject to approval of the Code Enforcement Officer and provided such additions, alterations and repairs will not cause the existing building service equipment to become unsafe, insanitary or overloaded.

Existing installations. Building service equipment lawfully in existence at the time of the adoption of the technical codes may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and no hazard to life, health or property has been created by such building service equipment.

Existing occupancy.

Buildings in existence at the time of the adoption of the building code may have their existing use or occupancy continued if such use or occupancy was legal at the time of the adoption of the building code, provided the building is occupied and such continued use is not dangerous to life, health and safety.

Any change in the use or occupancy of any existing building or structure shall comply with the provisions of § 1-511, Subsection 2, of this article and the building code [Article II].

Maintenance. All buildings, structures and building service equipment, existing and new, and all parts thereof shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the technical codes shall be maintained in conformance with the technical code under which installed. The owner or his designated agent shall be responsible for the maintenance of buildings, structures and their building service equipment. To determine compliance with this subsection, the Code Enforcement Officer may cause any structure to be reinspected.

Moved buildings and temporary buildings.

Buildings, structures and their building service equipment moved into or within South Hanover Township shall comply with the provisions of the technical codes for new buildings or structures and their building service equipment.

Temporary structures such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for the protection of the public around and in conjunction with construction work may be erected by special permit from the Code Enforcement Officer for a limited period of time. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit.

Historic buildings. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building, structure or its building service equipment may be made without conformance to all the requirements of the technical codes when authorized by the Code Enforcement Officer provided:

The building or structure has been designated by of official action of the legally constituted authority of this jurisdiction as having special historical or architectural significance.

Any unsafe conditions as described in this article are corrected.

The restored building or structure and its building service equipment will be no more hazardous based on life safety, fire safety and sanitation than the existing building.

Vacant building. Buildings or structures vacant for one year or more shall comply with the adopted edition of the Township's building code [Article II] for fire protection systems, means of egress requirements and electrical wiring equipment and systems before being re-occupied.

§ 5-102 Establishment of the Department of Code Enforcement.

[Ord. No. 2-1999, § II, 1/26/1999]

Creation of the Department of Code Enforcement. There is hereby created by the Board of Supervisors, a department of South Hanover Township, to be known as the "Department of Code Enforcement," which shall be under the administrative and operational control of the Code Enforcement Officer. The Code Enforcement Officer shall have the responsibility for administrating and enforcing the provisions of this article, the technical codes and those other codes and/or ordinances of the Township herein referred to as the "applicable codes and ordinances," which designate said Department of Code Enforcement as their official administrative and enforcement authority.

General. Whenever the term or title "administrative authority," "responsible officer," "officer," "Building Official," "code official," "Chief Inspector," "Code Enforcement Officer" or other similar designation is used herein or in any of the technical codes, it shall be construed to mean the Code Enforcement Officer appointed by the Board of Supervisors of South Hanover Township.

Department records. An official record shall be kept of all business and activities of the Department of Code Enforcement and 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 Code Enforcement Officer for the proper and effective administration and enforcement of the provisions of this article 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.

Annual report. At least annually, the Code Enforcement Officer shall submit to the Board of Supervisors a written statement of operations in the form and content as shall be prescribed by the Board.

§ 5-103 Enforcement authority.

[Ord. No. 2-1999, § III, 1/26/1999]

Appointment of Code Enforcement Officer. There shall be appointed, by the Board of Supervisors of South Hanover Township, a Code Enforcement Officer, who shall be in charge of the Department of Code Enforcement of South Hanover Township. The Code Enforcement Officer shall supervise such other employees or assistants as shall be necessary for the administration and execution of the responsibilities of said department, as appointed and approved by the Board of Supervisors of South Hanover Township. Said Code Enforcement Officer and other personnel shall consist of employees directly hired and compensated by South Hanover Township. The Code Enforcement Officer shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the Board of Supervisors.

Relief from personal liability.

The Code Enforcement Officer, other official or employee charged with the administration and enforcement of this article and technical codes and those other codes and/or ordinances of the Township who acts in good faith and without malice in the discharge of duties shall not thereby be rendered liable personally, and is 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 Code Enforcement Officer or employee because of such act or omission performed by that Code Enforcement Officer or employee in the lawful discharge of duties and under the provisions of this article shall be defended by the legal representative of South Hanover Township until the final termination of the proceedings, and any judgment resulting therefrom shall be assumed by South Hanover Township. The Code Enforcement Officer or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this article, the technical codes and those other codes and/or ordinances which designate said Department of Code Enforcement as their official administration and enforcement authority. Any officer of the Department of Code Enforcement, 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 article 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 Code Enforcement Officer of South Hanover Township be held as assuming such liability by reason of the inspections authorized by this article or technical codes or permits or certificates issued under said codes.

Deputy. The Code Enforcement Officer is authorized to designate an employee as deputy who shall exercise all the powers of the Code Enforcement Officer during the temporary absence or disability of the Code Enforcement Officer in accordance with prescribed procedures and with the approval of the Board of Supervisors.

Restriction of employees. An official or employee with the Department of Code Enforcement 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.

Fire Marshal. In accordance with the fire prevention code of South Hanover Township [Article V], the Fire Marshal of the Township has been established as the authorized code official representative from the Department of Code Enforcement of South Hanover Township having all of the duties of enforcement of the fire prevention code of the Township, provided for in this article.

§ 5-104 Duties and powers of Code Enforcement Officer.

[Ord. No. 2-1999, § IV, 1/26/1999]

Enforcement of codes. The Code Enforcement Officer shall enforce and administer all of the provisions of this article and of those other applicable technical codes and ordinances which establish the Department of Code Enforcement as their official administration and enforcement authority. For such purposes, he shall have the powers of a law enforcement officer.

Duties. The duties of the Code Enforcement Officer shall include: the receipt of application and issuance of permits for the construction, erection, addition to, alteration, repair, removal, demolition, installation of service equipment (plumbing, electrical, mechanical) and the location, change, use, occupancy and maintenance of all buildings and structures located within or moved into South Hanover Township; the issuance of all necessary notices and orders to abate illegal or unsafe condition to insure compliance with this article, and those other applicable codes and/or ordinances for the safety, health and general welfare of the public; the making of inspections to determine compliance with the applicable codes and ordinances; the undertaking and investigations, and such other activities as may be required.

Credentials. The Code Enforcement Officer or his authorized representative shall disclose proper credentials of their respective department for the purpose of inspecting any and all buildings and premises in the performance of duties under the applicable technical code and/or ordinance where requested.

Coordination of enforcement. Whenever in the opinion of the Code Enforcement Officer, initiating an inspection under the applicable technical codes and/or ordinances, it is deemed necessary or desirable to have inspections by any other department, the Code Enforcement Officer shall make reasonable effort to arrange for the coordination of such inspections so as to minimize the number of visitors by Township officials and to confer with the other departments for the purpose of eliminating conflicting orders before any are issued. The assistance and cooperation of all other officials, including police and fire departments, shall be available to the Code Enforcement Officer to assist in the performance of his duties.

Right of entry. Except in case of an emergency or a mutually convenient time agreed to by the Code Enforcement Officer and the owner, the Code Enforcement Officer or his authorized representative in discharging his duties has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous to the health, safety and welfare of the occupants or the public, upon showing proper identification where requested, is hereby authorized to enter and inspect between the hours of 7:00 a.m. and 7:00 p.m., subject to constitutional restrictions on unreasonable searches and seizures, any structure or premises in South Hanover Township to enforce the provisions of this article and of those other applicable codes and ordinances. Every occupant, owner or operator, of a structure or premises or their agent or employee, shall give access to any part of such structure or its premises at reasonable times for the purpose of making such inspection, maintenance, repairs, or alterations as are necessary to comply with the provisions of this article.

Access entry refused. If any owner, operator, occupant or other person in charge of a structure refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to the structure or premises under his control or to any part thereof, with respect to any authorized inspection, the Code Enforcement Officer may, upon showing that probable cause exists for the inspection, file a complaint and may petition for and obtain an order directing compliance with the inspection requirements of this article from a court of competent jurisdiction. Any person who refuses to comply with such an order issued pursuant to this section shall be subject to such penalties as may be authorized by law for violation of a court order.

Modifications. Whenever there are practical difficulties involved in carrying out the provisions of the technical codes, the Code Enforcement Officer may grant modifications for individual cases, provided he shall first find that a special individual reason makes the strict letter of the technical code impractical and the modification is in conformity with the intent and purpose of the technical code, and that such modification does not lessen health, life and fire safety requirements or any degree of structural integrity. The details of actions granting modifications shall be recorded and entered in the files of the code enforcement department. If additional nonconforming conditions are encountered during the course of any approved alteration or repair which were not considered or known initially, the Code Enforcement Officer shall have the authority to require compliance with this article and other technical codes and/or ordinances of the Township.

Tests.

Whenever there is insufficient evidence of compliance with any of the provisions of the technical codes or evidence that materials or construction do not conform to the requirements of the technical codes, the Code Enforcement Officer may require tests as evidence of compliance to be made at no expense to South Hanover Township.

Test methods shall be as specified by the technical codes or by other recognized test standards. In the absence of recognized and accepted test methods for the proposed alternate, the Code Enforcement Officer shall determine test procedures.

All tests shall be made by an approved agency. Reports of such tests shall be retained by the Code Enforcement Officer for the period required for the retention of public records.

Alternate materials and methods of construction.

The provisions of the technical codes are not intended to prevent the use of any material or to prohibit any method of design or construction not specifically prescribed by the technical codes, provided that any such alternative has been approved and its use authorized by the Code Enforcement Officer.

The Code Enforcement Officer may approve an alternate, provided the Code Enforcement Officer finds that the proposed design is satisfactory and complies with the provisions of the technical codes and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the technical codes in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.

The Code Enforcement Officer shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate shall be recorded and entered in the files of the code enforcement department.

Approved inspection agencies. The Code Enforcement Officer shall make all the required inspections or may accept reports of inspections by authoritative and recognized services or individuals, which satisfy requirements as to qualifications and reliability. All inspection reports shall be in writing and shall be certified by the approved authority or responsible office of the agency or the individual when expert inspection services are accepted. The Code Enforcement Officer may engage such expert opinion as may be deemed necessary to report upon unusual technical issues that may arise subject to the approval of the appointing authority. When required by the provisions of the code or by the approved rules, materials or assemblies shall be inspected at the point of manufacture or fabrication.

11.

Third party review. The Code Enforcement Officer may require electrical drawings and specifications and fire suppression plans and specifications be reviewed by an approved third party for compliance with the Township's technical codes and ordinances. A copy of the review and comments shall be sent to the code enforcement department upon completion of the review.

§ 5-105 Applications for permits.

[Ord. No. 2-1999, § V, 1/26/1999]

Permits required.

An application for a permit shall be filed with the Code Enforcement Officer and no work shall be commenced until a permit has been issued by the Code Enforcement Officer.

Except as specified in this article, no building, structure or building service equipment regulated by this article and the technical codes shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, demolished or changed in use or occupancy unless a separate, appropriate permit for each building, structure or building service equipment has first been obtained from the Code Enforcement Officer.

Permits not required. A permit shall not be required for the types of work in each of the separate classes of permit as listed below. Exemption from the permit requirements of this article shall not be deemed to grant authorization for any work to be done in violation of the provisions of the technical codes or any other laws or ordinances of South Hanover Township.

Building permits. A building permit shall not be required for the following:

Replace or refinish woodwork and trim.

Replace kitchen cabinets/bathroom vanity — Electrical and/or plumbing required.

Repair or replace vinyl flooring tile and/or carpet.

(4)

Install vent fans (electrical permit required).

(5)

Add built-in bookcases, cabinets or other small storage.

(6)

Add closets or shelves.

(7)

Paint and/or wallpaper on interior.

(8)

Repair plaster or drywall (single-family only).

(9)

Scrape and paint exterior.

(10)

Any landscaping — Lawns, shrubs, plants.

(11)

Window boxes.

(12)

Minor repairs or replace porches, decks and steps without changing size or enclosing.

(13)

Repair/replace siding.

(14)

Replace gutters and downspouts.

(15)

Install storm doors and storm windows.

(16)

Install awnings.

(17)

Insulation and weatherstrip.

(18)

Repair, replace or add window shutters.

(19)

Repoint existing masonry.

(20)

Replace garage doors.

(21)

Install, repair or replace private sidewalks.

(22)

Add central air conditioning (electrical permit required).

(23)

Private radio and television antennas when less than 12 feet in height.

(24)

Reroofing.

(25)

Installation of window blinds.

(26)

Private swimming pools less than 24 inches in depth.

(27)

Replacement windows of same size with no structural alterations.

Plumbing permits. A plumbing permit shall not be required for the following:

The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any concealed trap, drainpipe, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in this Code.

The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, nor for the removal and reinstallation of water closets, lavatory or bathtub and shower, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

Electrical permits. An electrical permit shall not be required for the following:

Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the electrical code.

Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location.

Temporary decorative lighting.

(4)

Repair or replacement of current-carrying parts of any switch, contractor or control device.

(5)

Reinstallation of attachment plug receptacles, but not the outlets therefor.

(6)

Repair or replacement of any overcurrent device of the required capacity in the same location.

(7)

Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems.

(8)

Taping joints.

(9)

Removal of electrical wiring.

(10)

Temporary wiring for experimental purposes in suitable experimental laboratories.

(11)

The wiring for temporary theater, motion picture or television stage sets.

(12)

Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

(13)

A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility.

Mechanical permits. A mechanical permit shall not be required for the following:

Any portable heating appliance.

Any portable ventilating equipment.

Any portable cooling unit.

(4)

Any portable evaporative cooler.

(5)

Any closed system of steam, hot or chilled water piping within any heating or cooling equipment regulated by the mechanical code.

(6)

Replacement of any component part of assembly of an appliance which does not alter its original approval and complies with other applicable requirements of the technical codes.

(7)

Any refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of the technical codes.

(8)

Any unit refrigerating system as defined in the mechanical code.

Fire prevention permits. A fire prevention permit shall not be required for the following:

Airports, heliports, helistops.

Explosives and blasting agents.

Application for permit. To obtain a permit, an application for the permit shall be submitted to the Code Enforcement Officer by the owner or lessee of the building or structure, or agent of either, or by the registered design professional employed in connection with the proposed work in writing on a form furnished by the code enforcement department for that purpose. If the application is made by a person other than the owner in fee, it shall be accompanied by an affidavit of the owner or the qualified applicant or a signed statement of the qualified applicant witnessed by the Code Enforcement Officer or his designee to the effect that the proposed work is authorized by the owner in fee and that the applicant is authorized to make such application. The full names and addresses of the owner, lessee, applicant and the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application. Every such application shall:

Identify and describe the work to be covered by the permit for which application is made.

Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

Indicate the use or occupancy of all parts of the building or structure for which the proposed work is intended and of all portions of the site or lot not covered by the building or structure.

Be accompanied by plans, diagrams, computations and specifications and other data as required in Subsection 5 of this section.

State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building.

Be signed by the permittee or his authorized agent.

Include provisions for special inspections required by the Township's building code [Article II].

Give such other data and information as may be required by the Code Enforcement Officer.

Permit responsibility. The responsibility for applying for and obtaining a required permit rests jointly with the owner or occupant and the person or persons doing the work. The full name and address of the owner, lessee, applicant, and/or the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.

Construction documents.

Plans, specifications, engineering calculations, diagrams, soil investigation reports, special inspections and other data shall constitute the construction documents and shall be submitted in one or more sets with each application for a permit. All construction documents required for a building permit application shall be prepared by a registered design professional consistent with the professional registration laws of the State of Pennsylvania. The construction documents shall include the name and address of the registered design professional and shall be signed, sealed and dated by the registered design professional in accordance with the professional registration laws of the State of Pennsylvania. When the quality of the materials is essential for conformity to the technical codes, specific information shall be given to establish such quality, and the technical codes shall not be cited, or the term "legal" or its equivalent used as a substitute for specific information.

Exception. The Code Enforcement Officer may waive the submission of plans, calculations, construction inspection requirements and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this Code.

Architect or engineer of record.

General.

When it is required that documents be prepared by an architect or engineer, the Code Enforcement Officer may require the owner to engage and designate on the building permit application an architect or engineer who shall act as the architect or engineer of record. If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all of the duties required of the original architect or engineer of record. The Code Enforcement Officer shall be notified in writing by the owner if the architect or engineer of record is changed or is unable to continue to perform the duties.

The architect or engineer of record shall be responsible for reviewing and coordinating all construction documents prepared by others, including deferred construction items, for compatibility with the design of the building.

Deferred submittals.

For the purposes of this section, deferred submittals are defined as construction documents for those portions of the design which are not submitted at the time of the application and which are to be submitted to the Code Enforcement Officer within a specified period.

Deferral of any submittal items shall have prior approval of the Code Enforcement Officer. The architect or engineer of record shall list the deferred submittals on the plans and shall submit the deferred construction documents for review by the Code Enforcement Officer.

Submittal documents for deferred submittal items shall be submitted to the architect or engineer of record who shall review them and forward them to the Code Enforcement Officer with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the Code Enforcement Officer.

Site plan. The application for a permit shall be accompanied by a site plan showing to scale the size and location of all the new construction and all existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades; and it shall be drawn in accordance with an accurate boundary line survey. In case of demolition, the site plan shall show all construction to be demolished and the location and size of all existing structures and construction that are to remain on the site or plot. Also, the site plan shall show the location of water service and sewer connections with respect to any building in which a plumbing system is to be installed. Vent stack terminations shall be shown with respect to building ventilation openings which could allow introduction of sewer gases into the building or any adjacent building.

Amended plans. If in the course of the work, it is found necessary to make any change from the approved plans and specifications on which a permit has been issued, amended plans and specifications shall be submitted and if approved, a supplementary permit shall be issued to cover the change after the same conditions required to secure the original permit have been satisfied.

Engineering details. The Code Enforcement Officer may require adequate details of structural, mechanical, plumbing and electrical work to be filed, including computations, stress diagrams and other essential technical data. All engineering plans and computations shall bear the signature and seal of the engineer or architect responsible for the design. Plans for buildings more than two stories in height shall indicate where penetrations will be made for electrical, mechanical, plumbing and communications conduits, pipes and systems and the materials and methods for maintaining the required structural integrity, fire resistance rating and fire stopping.

Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned two months after the date of filing, unless such application has been diligently prosecuted or a permit shall have been issued; except that the Code Enforcement Officer shall grant one or more extensions of time for addition periods not exceeding 30 days each if there is reasonable cause. An application shall not be extended if this article, the technical codes or any other pertinent laws or ordinances have been amended subsequent to the date of original application.

11.

Other permits required. At the time of filing an application for a permit, the applicant shall present to the Code Enforcement Officer, evidence that he has obtained all necessary permits; licenses, approvals and/or variances as may be required by the laws of the Township, state and federal governments. Individuals, agencies, boards, and commissions issuing aforesaid permits, licenses, approvals and/or variances shall include, but not be limited to, the code hearing board, the Zoning Officer or Zoning Hearing Board, Township sewer authority, county Planning Commission, sewage enforcement officer, Fire Chief, state police Fire Marshal, Township Fire Marshal, Pennsylvania Department of Labor and Industry, Pennsylvania Department of Transportation, Pennsylvania Department of Environmental Protection, Pennsylvania Department of Public Welfare, Pennsylvania Department of Cosmetology and the public utility companies.

12.

Requirement for payment of other fees. No building permit shall be issued for any new construction, any addition to any current structure, or any repairs or maintenance of any structure in the Township to the applicant or any related party, or to any parent company or a subsidiary company where the applicant is a business or corporation until all applicable building, plumbing, electrical, zoning, sewer connections, tapping or inspection fees that are prescribed by law or ordinance with regards to any other construction by the applicant or any related party or company within the Township are paid in full at the time of application for additional permits.

§ 5-106 Permit issuance.

[Ord. No. 2-1999, § VI, 1/26/1999]

Action on application. The application, construction documents, including plans, specifications, computations and other data, filed by an applicant for permit shall be reviewed by the Code Enforcement Officer to determine compliance with this article, the applicable technical codes and other pertinent laws and ordinances of South Hanover Township and shall, within 30 days after filing, either approve or reject said application. If the Code Enforcement Officer finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this article and the technical codes and other pertinent laws and ordinances, and that the fees specified in § 5-108, Subsection 1, have been paid, he shall issue a permit therefor to the applicant as soon as practicable. If the application for the permit is rejected, the Code Enforcement Officer shall inform the applicant in writing, stating the reason or reasons for such rejection. Such plans may be reviewed by other departments of South Hanover Township to verify compliance with any applicable laws under their jurisdiction.

Signature to permit. The Code Enforcement Officer's signature shall be attached to every permit; or the Code Enforcement Officer may authorize a subordinate to affix such signature thereto.

Approved construction documents. When a permit is issued where plans are required the Code Enforcement Officer shall endorse in writing or stamp the construction documents "APPROVED." Such approved construction documents shall not be changed, modified or altered without authorization from the Code Enforcement Officer, and all work shall be done in accordance with the approved plans. One set of the approved construction documents shall be retained by the code enforcement department for the life of the building or structure and the other set shall be kept at the building site, open to inspection of the Code Enforcement Officer or an authorized representative at all reasonable times.

Approval of article. The Code Enforcement Officer may issue a permit for the construction of part of a building, structure or building service equipment before the entire construction documents for the whole building, structure or building service equipment have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the technical codes. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that the permit for the entire building, structure or building service will be granted.

Preliminary inspections. Before issuing a permit, the Code Enforcement Officer may, if deemed necessary, examine or cause to be examined all buildings, structures and sites for which an application has been filed for a permit to construct, enlarge, alter, repair, move, improve, remove, demolish or change the use or occupancy thereof.

Payment of fees. A permit to begin work for new construction, alteration, removal, demolition or other building operation shall not be issued until the permit fees prescribed in § 5-108, Subsection 1, of this article have been paid, nor shall an amendment to a permit necessitating an additional fee because of the additional work involved be issued until the additional fee shall have been paid. Applicant shall have 30 days upon notification from code enforcement department to pay all permit fees and sign permit.

Suspension of permit. Any permit issued shall become invalid if the authorized work is not commenced within six months after issuance of the permit, or if the authorized work is suspended or abandoned for a period of six months after the time of commencing the work.

Validity of permit.

The issuance of a permit or approval of construction document, including plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this article or the technical codes, or of any other ordinance of South Hanover Township. Permits presuming to give authority to violate or cancel the provisions of this article or of other ordinances of South Hanover Township shall not be valid.

The issuance of a permit based upon construction documents, including plans, specifications and other data shall not prevent the Code Enforcement Officer from thereafter requiring the correction of errors in said construction document, including plans, specifications and other data, or from preventing building operations being carried on thereunder when in violation of the technical codes or of any other ordinance of South Hanover Township.

§ 5-107 Conditions of permit.

[Ord. No. 2-1999, § VII, 1/26/1999]

Compliance with codes. The permit shall be a license to proceed with the work and shall not be construed as authority to violate, cancel or set aside any of the provisions of this article and the technical codes, except as specifically stipulated by modification or legally granted variation as described in the application.

Compliance with permit. All work shall conform to the approved application and the approved construction documents for which the permit has been issued and any approved amendments to the approved application or the approved construction documents.

Compliance with plot plan. All new work shall be located strictly in accordance with the approved plot plan.

Compliance with site plan. A lot shall not be changed, increased or diminished in area from that shown on the official plot site plan, unless a revised plan showing such changes accompanied by the necessary affidavit of the owner or applicant shall have been filed and approved; except that revised plan will not be required if the change is caused by reason of an official street opening, street widening or other public improvement.

Previous approvals. This article or the applicable technical codes shall not require changes in the construction documents, the plumbing, electrical or mechanical systems or the construction or designated use of a building for which a lawful permit has been issued or otherwise lawfully authorized and the construction of which has been actively prosecuted within 90 days after the effective date of this article and is completed with dispatch.

Permit expiration. Every permit issued by the Code Enforcement Officer under the provisions of the technical codes and ordinances shall expire by limitation and become null and void, in accordance with the following schedule:

New construction: one year.

Repairs, remodeling, alterations, additions: six months.

Demolition: three months.

Fire prevention: one day to 30 days.

Suspension of permit. Any permit issued shall become invalid if the authorized work is not commenced with six months after issuance of the permit, or if the authorized work is suspended or abandoned for a period of three months after the time of commencing the work.

Permit extension. Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The Code Enforcement Officer may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. No additional permit fee is required.

Permit renewal. A permit which has expired for six months or less may be renewed provided no changes have been made in the original construction documents for such work. The renewal fee shall be based on the estimated value of the work to be completed. Permits which have been expired for greater than six months require a new application and payment of the full permit.

Revocation of permit. The Code Enforcement Officer shall, in writing, revoke a permit issued under the provisions of this article and the technical codes whenever the permit is issued in error or on the basis of incorrect information supplied, returned checks for insufficient funds, any false statement or misrepresentation of fact in the application or on the construction documents, or in violation of any ordinance or regulation, or any of the provisions of the technical codes.

11.

Stop-work order. Whenever any work is being done contrary to the provisions of this article and the technical codes, the Code Enforcement Officer may order the work stopped by notice in writing served on the owner of the property involved, or the owner's agent, or any persons engaged in the doing or causing such work to be done, and any such persons shall forth with stop such work until authorized by the Code Enforcement Officer to proceed with the work. Notice shall state the conditions under which work will be permitted to resume. Any person who shall continue any work in or about the structure after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties provided by this article. Where an emergency exists, the Code Enforcement Officer shall not be required to give a written notice prior to stopping the work.

§ 5-108 Permit fees.

[Ord. No. 2-1999, § VIII, 1/26/1999]

Required fees.

Applicants for permits required by any of the applicable codes and ordinances of the Township shall pay at the time of application to the Code Enforcement Officer for use by the Township, permit fees, as designated from time to time by resolution by the Board of Supervisors of South Hanover Township.

The determination of value or valuation under any of the provisions of these codes shall be made by the Code Enforcement Officer. The value to be used in computing the permit or permits shall be the total value of all construction work for which the permit or permits are issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment.

Special inspection fees and costs. All fees and costs related to the performance of special professional services in accordance with the "special inspections" section of the Township's building code [Article II], shall be borne by the owner.

Double fees.

Any person, firm or corporation who shall commence any work for which a permit is required by the applicable codes and ordinances, or has a check returned for insufficient funds, without first having obtained a permit, therefor, shall, if subsequently permitted to obtain a permit, pay double the permit fee required by Subsection 1 of this section for such work, provided that this provision shall not apply to emergency work and first-time offenders.

The payment of such double fee shall not exempt any person from compliance with all other provisions of either this article or the technical codes, nor from any penalty prescribed by law.

Renewals. Before work suspended or abandoned can be resumed, a new permit shall be first obtained to do so, and the fee, therefore, shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents, including plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded 180 days. In order to review action on a permit after expiration, the permittee shall pay a new full permit fee. If required, any bond posted by the applicant for demolition work not completed shall be forfeited.

Other fees. The payment of the fee for the construction, alteration, removal or demolition for all work done in connection with or concurrently with the work contemplated by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law or ordinance for zoning permit, water taps, sewer connections, plumbing, electrical and fire prevention permits, erection of signs and display structures, marquees or other appurtenant structures, or fees of inspections, certificates of use and occupancy or other privileges or requirements, both within and without the jurisdiction of the code enforcement department.

Fee refunds. Refunds of any permit fees paid may be authorized by the Code Enforcement Officer in accordance with the following:

The Code Enforcement Officer may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

The Code Enforcement Officer may authorize the refunding of not more than 50% of the permit fee paid when no work has been done under a permit issued to defray costs incurred by the Code Enforcement Officer in reviewing and processing the application and construction documents, including the preliminary review of the site location identified in the application and issuing and processing the permit.

The Code Enforcement Officer may authorize the refunding of not more than 80% of the fee paid when an application for permit for which a fee has been paid is withdrawn or canceled before any plan reviewing is done.

The Code Enforcement Officer shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 30 days after the date of fee payment.

Re-inspection fee.

A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of the technical codes, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection.

Re-inspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Code Enforcement Officer.

In instances where re-inspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid.

Accounting. The Code Enforcement Officer shall keep an accurate account of all fees collected; and such collected fees shall be deposited monthly in the Township treasury or otherwise disposed of as required by law.

§ 5-109 Inspections.

[Ord. No. 2-1999, § IX, 1/26/1999]

General.

All construction or work for which a permit is required shall be subject to inspection by the Code Enforcement Officer and all such construction or work shall remain accessible and exposed for inspection purposes until approved by the Code Enforcement Officer. In addition, certain types of construction shall have special inspections, as specified in Subsection 8.

Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this article or of the technical codes of South Hanover Township. Inspection presuming to give authority to violate or cancel the provisions of this article or of the technical codes of South Hanover Township shall not be valid.

It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the Code Enforcement Officer nor South Hanover Township shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

A survey of the lot may be required by the Code Enforcement Officer to verify that the structure is located in accordance with the approved construction documents.

Inspection record card. Work requiring a permit shall not be commenced until the permit holder or his agent shall have posted or otherwise made available an inspection record card such as to allow the Code Enforcement Officer conveniently to make the required entries thereon regarding inspection of the work. This card shall be maintained available by the permit holder until final approval has been granted by the Code Enforcement Officer. A record of all such examinations and inspections and of all violations of this article or of the technical codes shall be maintained by the Code Enforcement Officer.

Inspection requests.

It shall be the duty of the person doing the work authorized by a permit to notify the Code Enforcement Officer that such work is ready for inspection. The Code Enforcement Officer may require that every request for inspection be filed at least 24 hours before such inspection is desired. Such request may be in writing or by telephone at the option of the Code Enforcement Officer.

It shall be the duty of the person requesting any inspections required either by this article or the technical codes to provide access to and means for inspection of such work.

Approval required.

Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Code Enforcement Officer. The Code Enforcement Officer, upon notification, shall make the requested inspections and shall either indicate that portion of the construction is satisfactory as completed or shall notify the permit holder or his agent wherein the same fails to comply with this article or the technical codes.

Any portions which do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Code Enforcement Officer.

There shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use.

Required building inspections. For on-site construction, from time to time the Code Enforcement Officer, upon notification from the permit holder or his agent, shall make the following inspections or cause to be made any necessary inspections and shall either approve that portion of the construction as completed: or shall notify the permit holder or his agent wherein the same fails to comply with this Code.

Footing. Setback inspection to be made after the trenches or basement area are excavated and forms are erected and any required reinforcing steel is in place prior to the placing of concrete.

Foundation wall inspection. To be made after poles, piers, concrete block wall, precast or poured concrete walls are complete with parging, damp proofing and water proofing is in place prior to backfilling. Any required reinforcing steel shall be set in place and inspected prior to the placing of concrete. The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations. Where the foundation is to be constructed of approved treated wood, additional inspections may be required by the Code Enforcement Officer.

Concrete slab or under floor inspection. To be made after all in slab or under floor building service equipment, conduit, piping accessories and other ancillary equipment items are in place but before any concrete is placed or floor sheathing installed, including the subfloor.

Building service equipment rough inspections. All building service equipment for which a permit is required by this article shall be inspected by the Code Enforcement Officer. No portion of any building service equipment intended to be concealed by any permanent portion of the building shall be concealed until inspected and approved. When the installation of any building service equipment is complete, an additional and final inspection shall be made. Building service equipment regulated by the technical codes shall not be connected to the water, fuel or power supply or sewer system until authorized by the Code Enforcement Officer. The requirement of this section shall not be considered to prohibit the operation of any building service equipment installed to replace existing building service equipment serving an occupied portion of the building, provided a request for inspection of such building service equipment has been filed with the Code Enforcement Officer not more than 48 hours after such replacement work is completed, and before any portion of such building service equipment is concealed by any permanent portion of the building.

Frame inspection. To be made after the roof, all framing, fire stops, draft stopping and bracing are in place, before insulation and all pipes, chimneys and vents are complete and the rough electrical, plumbing and heating wires, pipes, and ducts are approved.

Lath and/or wallboard inspection. To be made after all lathing and wallboard, interior and exterior, is in place but before any plastering is applied or before wallboard joints and fasteners are taped and finished.

Final inspection. Upon completion of the building or structure, and before issuance of the certificate of use and occupancy required by the Township's building code [Article II], a final inspection shall be made. All violations of the approved construction documents and permit shall be noted and the holder of the permit shall be notified of the discrepancies.

Other inspections. In addition to the called inspections specified above, the Code Enforcement Officer may make or require other inspections of any construction work to ascertain compliance with the provisions of this article or technical and other laws which are enforced by the code enforcement department.

Reinspection. Reinspections shall be made when such portion of work for which an inspection is called for is not complete or when corrections called for are complete.

Special inspection. In addition to the inspections required by Subsection 5, the owner or the engineer or architect of record acting as the owner's agent shall employ one or more special inspectors who shall provide inspections during construction in compliance with the Township's building code [Article II].

Waiver of special inspection. The Code Enforcement Officer may waive the requirement for the employment of a special inspector if he finds that the construction is of minor nature in accordance with the Township's building code [Article II].

Approved inspection agencies. The Code Enforcement Officer shall accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.

§ 5-110 Connection to utilities.

[Ord. No. 2-1999, § X, 1/26/1999]

Energy connections. No person shall make connections from a source of energy, fuel or power to any building service equipment which is regulated by the technical codes and for which a permit is required by this article until approved by the Code Enforcement Officer.

Temporary connections. The Code Enforcement Officer may authorize the temporary connection of the building service equipment to the source of energy, fuel or power for the purpose of testing building service equipment, or for use under a temporary certificate of use and occupancy.

§ 5-111 Certificate of use and occupancy.

[Ord. No. 2-1999, § XI, 1/26/1999]

Use or occupancy.

Buildings or structures shall not be used or occupied, in whole or in part, nor shall a change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Code Enforcement Officer has issued a certificate of use and occupancy required by the Township's building code [Article II].

Issuance of a certificate of use and occupancy shall not be construed as an approval of a violation of the provisions of this article or of the technical codes of South Hanover Township. Certificates presuming to give authority to violate or cancel the provisions of this article or of the technical codes of South Hanover Township shall not be valid.

Change in use. A change of occupancy shall not be made to any structure which will subject the structure to any special provisions of this article or the technical codes without approval of the Code Enforcement Officer. The Code Enforcement Officer shall certify that such structure meets the intent of the provisions of law governing building construction for the proposed new occupancy, and that such change of occupancy does not result in any greater hazard to the public health, safety or welfare.

Certificate issued. After the Code Enforcement Officer inspects the building or structure and finds no violations of the provisions of this article or the technical codes and/or other regulations, including but not limited to driveway access, on and off site improvements, subdivision or land development, etc., which are enforced by the code enforcement department, the Code Enforcement Officer shall issue a use and occupancy certificate in accordance with the Township's building code [Article II].

Contents of certificate. After the Code Enforcement Officer inspects the building or structure and finds no violations of the provisions of the article, the technical codes, or other laws which are enforced by the code enforcement department, the Code Enforcement Officer shall issue a certificate of occupancy which shall contain the following:

The building permit number;

The address of the building;

The name and address of the owner;

A description of that portion of the building for which the certificate is issued;

The edition of the code under which the permit was issued;

The use group and occupancy, in accordance with the provisions of the Township building code [Article II];

The type of construction as defined in the Township building code [Article II];

If an automatic sprinkler system is provided, whether the sprinkler system is required;

The hazard classification or storage configuration, including aisle widths, for which the automatic sprinkler system is designed;

The automatic sprinkler and standpipe system demand at the base of the riser;

Any special stipulations and conditions of the building permit; and

The name of the Code Enforcement Officer.

Temporary certificate.

If the Code Enforcement Officer finds that substantial hazard will not result from occupancy of a building or portion thereof before the same is completed, a temporary certificate of occupancy for the use of a portion or portions of a building or structure may be issued prior to the completion of the entire building or structure in accordance with the Township's building code [Article II].

A letter shall be attached to the temporary use and occupancy certificate that includes the conditions under which the temporary use and occupancy certificate is issued and include a signed statement that the contractor and owner of the building or structure accepts and is in agreement with the conditions under which the temporary use and occupancy certificate is issued.

Posting. The certificate of use and occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Code Enforcement Officer.

Revocation. The Code Enforcement Officer may, in writing, suspend or revoke a certificate of use and occupancy issued under the provisions of this article whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of this article, regulation or the technical codes.

§ 5-112 Notice/orders procedure.

[Ord. No. 2-1999, § XII, 1/26/1999]

Notice to responsible owner, operator, occupant or other person in charge. Whenever the Code Enforcement Officer determines that there are reasonable grounds to believe that there has been a violation of any provisions of this article, the technical codes, or of the other applicable codes and ordinances or whenever the Code Enforcement Officer issues a stop-work order or has condemned and placards any structure or equipment or whenever the Code Enforcement Officer orders a dangerous, unsafe or unfit for human habitation structure to be closed-up and secured, vacated, repaired and/or demolished a notice and order shall be given to the responsible owner, operator, occupant or person in charge of the structure or premises.

Form. Notice and order to the responsible owner, operator, occupant or person in charge shall include the following:

Be in writing, signed by the Code Enforcement Officer or his authorized representative;

Include the street address and a legal description of the real estate sufficient for identification of the premises;

Include a statement of the reason or reasons why the notice is being issued, the sections of the code and/or ordinances which have been violated;

Include a correction order allowing a reasonable time not to exceed 120 days, for the initiation and correction of the violation alleged or of the remedial actions required to bring the dwelling unit, building or structure into compliance, except where emergency conditions exist which require immediate corrective action:

If the Code Enforcement Officer has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefore and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the Code Enforcement Officer shall determine is reasonable under all of the circumstances.

If the Code Enforcement Officer has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a certain time from the date of the order as determined by the Code Enforcement Officer to be reasonable.

If the Code Enforcement Officer has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the Code Enforcement Officer shall determine reasonable (not to exceed 60 days from the date of the order); that all required permits be secured therefore within 10 days from the date of the order, and that the demolition be completed within such time as the Code Enforcement Officer shall determine is reasonable.

Include a statement advising that if any required repair or demolition work (without vacation also being required) is not commenced with the time specified, the Code Enforcement Officer (1) will order the building vacated and posted to prevent further occupancy until the work is completed, and (2) may proceed to cause the work to be done and charge the costs thereof against the property or its owner; and

Include a statement indicating that the notice will become an order if no request and approval for an extension of time is made to the Code Enforcement Officer or if no petition for an appeal or hearing is requested by the owner to seek modification or withdrawal of the notice by petition before the code hearing board within 10 days from the receipt of said notice.

Method of service.

The notice and order, and any amended or supplemental notice and order, shall be served personally on the responsible owner, operator, occupant or other person in charge or served by certified mail with a return receipt requested, or where such responsible person in charge cannot be found, the notice shall be served by posting a notice on the main entrance of the structure or premises and taking a picture of said notice, or by publishing such notice in a newspaper for general circulation for a period of three consecutive days.

One copy thereof shall be served on each of the following, if known to the Code Enforcement Officer or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the Code Enforcement Officer to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this article. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notification upon the owner.

Proof of service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the Code Enforcement Officer.

Service on occupant. When a condemnation order is served on an occupant other than the owner or person responsible for such compliance, a reasonable time to vacate the property after noncompliance shall be stated. Owners or persons responsible for compliance shall vacate at the time set for correction of defects if there is failure to comply.

§ 5-113 Emergency measures.

[Ord. No. 2-1999, § XIII, 1/26/1999]

Vacating structures. When, in the judgment of the Code Enforcement Officer, there is actual and imminent danger of failure or collapse of a structure which would endanger life, or when any structure or part of a structure has fallen and life is endangered by the occupancy of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of fire, explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or use of defective or dangerous equipment, the Code Enforcement Officer is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Enforcement Officer shall cause to be posted at the main entrance to such structure a notice reading as follows: "This structure is unsafe and its use or occupancy has been prohibited by the Code Enforcement Officer." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the structure.

Authority to disconnect utilities. The Code Enforcement Officer or his authorized representative shall have the authority to disconnect any utility service or energy supplied to the building, structure or building service equipment therein regulated by this article or the technical codes in case of emergency where necessary to eliminate an immediate hazard to life, health or property. The Code Enforcement Officer shall whenever possible notify the serving utility, the owner and occupant of the building, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter.

Connection after order to disconnect. No person shall make connections from any energy, fuel or power supply nor supply energy or fuel to any building service equipment which has been disconnected or ordered to be disconnected, or ordered to be disconnected by the Code Enforcement Officer or the use of which has been ordered to be discontinued by the Code Enforcement Officer until the Code Enforcement Officer authorizes the reconnection and use of such equipment.

Temporary safeguards. Notwithstanding other provisions of this article, whenever, in the judgment of the Code Enforcement Officer, there is actual and imminent danger of collapse or failure of a structure or other hazardous condition due to an unsafe condition which would endanger life, the Code Enforcement Officer shall order the necessary work to be done including the Boarding up of accessible openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the Code Enforcement Officer deems necessary to meet such emergency.

Closing streets. When necessary for the public safety, the Code Enforcement Officer shall temporarily close structures, and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways, places and premises adjacent to unsafe structures, and prohibit the same from being used.

Emergency work. For the purpose of this section, the Code Enforcement Officer shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

Costs of emergency work. Costs incurred in the performance of emergency work shall be paid from the treasury of South Hanover Township on approval of the Code Enforcement Officer. The legal counsel of South Hanover Township shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.

Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the code hearing board, be afforded a hearing as described in this article.

§ 5-114 Condemnation.

[Ord. No. 2-1999, § XIV, 1/26/1999]

General.

When a structure or equipment or part thereof regulated by ordinance and the technical codes is found by the Code Enforcement Officer to be unsafe, or when a structure or part thereof is found unfit for human occupancy or use, or is found unlawful, such structure shall be condemned pursuant to the provisions of this article and shall be placarded, vacated and shall not be reoccupied without the approval of the Code Enforcement Officer.

All such unsafe buildings, structures or appendages and building service equipment are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in this article.

When any building service equipment is maintained in violation of the technical codes and in violation of any notice issued pursuant to the provisions of this section, the Code Enforcement Officer shall institute any appropriate action to prevent, restrain, correct or abate the violation.

When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefore shall be given within 24 hours to the serving utility, the owner and occupant of such building, structure or premises.

Unsafe structure.

Any structure in which all or part thereof is found to be dangerous to life, health, property or the safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of a fire, for means of egress, or which constitute a fire hazard, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally inadequate, or of such faulty construction or unstable foundation that partial or complete collapse is likely, is for the purpose of this section, unsafe.

Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified in the building code are hereby designated as unsafe building appendages. A vacant building or structure unguarded or open at a door or window shall be deemed a fire hazard and unsafe.

Unsafe equipment. Building service equipment or other equipment on the premises or within the structure regulated by this article or the technical codes which constitutes a fire, electrical or health hazard or unsanitary condition, or is otherwise dangerous to life, health, property or safety of the public or occupant of the premises or structure is, for the purpose of this section unsafe.

Authority to condemn building service equipment. Whenever the Code Enforcement Officer ascertains that any building service equipment regulated in the technical codes has become hazardous to life, health, property or becomes unsanitary, the Code Enforcement Officer shall order in writing that such equipment either be removed or restored to a safe or sanitary condition, whichever is appropriate. The written notice itself shall fix a time limit for compliance with such order. No person shall use or maintain defective building service equipment after receiving such notice. Unsafe equipment shall be placarded and placed out of service.

Unsafe use. Any use of buildings, structures or building service equipment or parts thereof constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use.

Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this article or the technical codes, or was erected, altered or occupied contrary to law.

Structure unfit for human occupancy. A structure is unfit for human occupancy or use whenever the Code Enforcement Officer finds that such structure is unsafe, unlawful, an unsafe use, contains unsafe equipment, or because of the degree in which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this article or the technical codes, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

Restoration of unsafe structure. A building or structure condemned by the Code Enforcement Officer may be restored to safe condition provided change of use or occupancy is not contemplated nor compelled by reason of such reconstruction or restoration; except that if the damage or cost of reconstruction or restoration is in excess of 50% of its replacement value, exclusive of foundations, such structure shall be made to comply with the Township's technical codes in all respects with the requirements for materials and methods of construction of structures.

Closing of vacant structures. If the structure or part thereof is vacant and unfit for human occupancy or use and is not in danger of structural collapse, the Code Enforcement Officer shall be permitted to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. The windows and doors are to be closed up from the exterior with one-half inch exterior grade plywood, finished on one side with the finished side out. The plywood shall be painted with two coats of exterior paint, the same color as exterior structure. The exterior of the structure must be maintained in compliance with the Township's property maintenance code [Article VI]. Upon failure of the owner to close up the premises within the time specified in the order, the Code Enforcement Officer shall cause the premises to be closed though any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. If the building or structure that is closed up or vacant is not restored in compliance with this article and the technical codes within two years from when the structure was closed up, the structure shall be deemed a public nuisance and shall be demolished.

§ 5-115 Placarding.

[Ord. No. 2-1999, § XV, 1/26/1999]

Vacation of structure. If the responsible owner, operator, occupant or person in charge of the structure or premises fails to comply with an order to repair or rehabilitate a structure condemned as unfit for human habitation, within the time given, the owner or the person or persons responsible for the correction of violations shall have removed themselves from the property on failure to comply with the correction order in the time specified, but other occupants shall be given a reasonable time thereafter to vacate, as ordered by the Code Enforcement Officer.

Placarding of structure. Upon issuance of an order to vacate, after the condemnation notice required under the provisions of this article and the technical codes has resulted in an order by virtue of failure to comply within the time given, the Code Enforcement Officer shall post on the premises or structure or parts thereof, or on defective building service equipment, a placard bearing the words: "Condemned as unfit for human occupancy or use," and a statement of the penalties provided for any occupancy or use or for removing the placard.

Removal of placard. The Code Enforcement Officer shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the Code Enforcement Officer shall be subject to the penalties provided by this article.

Prohibited use. Any person who shall occupy a placarded premises or structure or part thereof, or shall use placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises shall be liable for the penalties provided by this article.

§ 5-116 Repair/demolition order.

[Ord. No. 2-1999, § XVI, 1/26/1999]

General. The Code Enforcement Officer shall make periodic inspection of any structure vacated as unfit for human habitation or any other vacant structure. The Code Enforcement Officer shall order the owner of any premises upon which is located any structure or part thereof, which in the Code Enforcement Officer's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use, and so that such structure would be unreasonable to repair the same, to raze and remove such structure or part thereof; or if such structure can be made safe by repairs, to repair and make safe and sanitary or to raze and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to raze and remove such structure or part thereof.

Option by owner. If a structure is so old, deteriorated or has become so out of repair as to be unsanitary or unfit for human habitation, but can be made safe by repairs, the Code Enforcement Officer shall issue a notice requiring the owner to make the necessary repairs to bring the structure into compliance with the Township's codes and/or ordinances or to demolish and remove the structure at the owner's option. Such notice shall require the person thus notified to immediately disclose to the Code Enforcement Officer his acceptance or rejection of the terms of the order.

Unreasonable repairs. Whenever an inspection of a structure reveals that the structure is so old, dilapidated, damaged by fire, explosion, windstorm or other natural or criminal acts or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use and so that it would be unreasonable to repair, in that the cost of such repairs would exceed 100% of the current value of such structure, the structure shall be declared a public nuisance. The Code Enforcement Officer shall issue a notice to the responsible owner, ordering that the structure be removed or demolished without option on the part of the owner to repair. All the rubbish and refuse shall be removed from the premises and the cellar/basement shall be filled in with clean fill graded to adjacent ground level.

Service connections. Before a structure is demolished or removed, the owner or agent shall notify all utilities having service connections within the structure such as water, electric, gas, sewer and other connections. A permit to demolish or remove a structure shall not be issued until a release is obtained from the utilities, stating that their respective service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner.

Notice to adjoining owners. Only when written notice has been given by the applicant to the owners of adjoining lots and to the owners of wired or other facilities, of which the temporary removal is necessitated by the proposed work, shall a permit be granted for removal of a building or structure.

Lot regulations. Whenever a structure is demolished or removed, the premises shall be maintained free from all unsafe or hazardous conditions by the proper regulation of the lot, restoration of established grades and the erection of the necessary retaining walls and fences in accordance with the provisions of the Township's building code [Article II].

Determination by Code Enforcement Officer. In the event that the owner or agent is unable to obtain the releases, the Code Enforcement Officer shall inspect the premises for which application has been made, to determine that the utility service connections and appurtenant equipment have been removed or sealed and plugged in a safe manner.

§ 5-117 Violations and penalties.

[Ord. No. 2-1999, § XVII, 1/26/1999]

Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, change the use and occupancy, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, use or occupy, let to another for use or occupy or permit another person to use or occupy any structure or equipment regulated by this article or the technical codes or cause same to be done, contrary to or in conflict with or in violation of any of the provisions of this article and the technical codes, or to fail to obey a lawful order of the Code Enforcement Officer, or to remove or deface a placard or notice posted under the provisions of this article.

Occupancy violations. Whenever any building or structure or building service equipment therein regulated by this article and the technical codes is being used contrary to the provisions of such codes, the Code Enforcement Officer shall order such use discontinued by written notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Code Enforcement Officer after receipt of such notice to make the structure, or portion thereof, comply with the requirement of such codes.

Occupancy without use and occupancy certificate. Any change in use or occupancy of an existing building or structure and/or any new building hereafter erected for which a building permit was issued, shall not be used or occupied in whole or in part until a certificate of use and occupancy shall have been issued by the Code Enforcement Officer. Failure to secure a use and occupancy certificate before use or occupancy of a building is subject to immediate fine and costs as prescribed in this article. No further notification as required under § 1-512 et seq. of this article shall be required. The building owner by signing the building permit and acknowledgment agrees not to violate any provision of the Township's codes and/or ordinances and is so notified. The use and occupancy certificate is a "license" to occupy and use the building.

Failure to comply. Whenever an order to vacate, secure, repair, and/or demolish a structure which is a public nuisance because it is unsafe, dangerous or unfit for human habitation has not been complied with, the Code Enforcement Officer may, in accordance with the laws of the Commonwealth of Pennsylvania, proceed to cause the structure to be vacated, closed-up and secured, repaired and/or demolished or take such other action as is necessary to abate the nuisance. Abatement under this subsection shall not commence until at least 10 days after the service of the order, except that the Code Enforcement Officer may determine that more immediate action is required because of the special emergency or dangerous conditions which exist.

Recover of expenses. The expenses incurred pursuant to Subsection 4 of this section and other applicable codes and ordinances shall be paid by the responsible owner, operator, or occupant or by the persons who caused or maintained such a public nuisance. The Code Enforcement Officer shall file on his records an affidavit stating with fairness and accuracy the items and date of the expenses incurred. The Board of Supervisors of South Hanover Township may institute a suit to recover such expenses to be charged against the property as a lien.

Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Enforcement Officer and shall furnish to the Code Enforcement Officer a signed and notarized statement for the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.

Penalties. Any person, firm or corporation who shall violate any provisions of this article or the technical codes or fails to correct a violation or institute a remedial action as ordered by the Code Enforcement Officer, or who shall erect, construct, change the use or occupancy, install, alter or repair a building/structure or any plumbing, electrical and mechanical equipment or systems in violation of an approved plan or directive of the Code Enforcement Officer or of a permit or certificate issued under the provisions of the Township's codes shall upon conviction in a summary proceeding, before any district justice, be sentenced for each such violation to pay a fine of not less than $50 plus costs and not more than $1,000 plus costs and, in default thereof, to undergo imprisonment in the county jail for a period not to exceed 30 days. Each day that a violation continues, after a service of notice as provided for in this article, shall be deemed a separate offense. Payment of a fine does not relieve any person, firm or corporation of their responsibility to comply with this article and the technical codes.

Prosecution. The imposition of the penalties herein prescribed shall not preclude the solicitor representing the Township from initiating, and he is hereby ordered to initiate, appropriate actions or proceedings at law or in equity against the person responsible for the violation for the purpose of ordering that person:

To restrain, correct or remove the violation or refrain from any further execution of work;

To restrain or correct the erection, installation, maintenance, repair or alteration of such structure;

To require the removal of work in violation; and

To prevent the occupation or use of the structure or part thereof erected, constructed, installed or altered in violation of, or not in compliance with, the provisions of this article and the technical codes, or in violation of a plan or specification under which an approval, permit or certificate was issued.

§ 5-118 Code hearing board; means of appeal.

[Ord. No. 2-1999, § XIX, 1/26/1999]

Code hearing board. In order to protect buildings, structures and premises in South Hanover Township by vigorous enforcement of the provisions of this article, the technical codes and other applicable ordinances, there shall be and is hereby created a code hearing board, hereafter referred to as the "board."

Membership of board. The code hearing board shall consist of three members appointed by the Board of Supervisors designated by resolution as follows: one for three years, one for two years and one for one year. Thereafter, each new member shall serve for three years or until a successor has been appointed.

Qualifications. Each member shall have been a resident of South Hanover Township for at least one year prior to appointment. Not more than one member shall be from the same profession or occupation. Members shall be qualified by experience and training to pass upon matters pertaining to building construction and building service equipment and who are not employees of South Hanover Township.

Alternate members. The Board of Supervisors shall appoint two alternate members who shall be called by the Board Chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership, and shall be appointed for three years or until a successor has been appointed.

Chairman. The Board shall select one of its members to serve as Chairman.

Secretary. The Chairman shall designate a board member to serve as secretary to the Board. The secretary of the Board shall keep a record of all proceedings so that the record clearly shows the basis for each decision made by the Board.

Disqualification of a member. A member shall not hear an appeal in which that member has any personal, professional or financial interest.

Quorum. A quorum of the code hearing board shall exist when any two members of the code hearing board are present.

Compensation of members. Compensation of members shall be determined from time to time by resolution of the Board of Supervisors.

Limitations of authority. The code hearing board shall have no authority relative to interpretation of the administrative provisions of this article or the technical codes nor shall the Board be empowered to waive requirements of either this article or the technical codes.

Powers and duties of the code hearing board. The code hearing board shall have the following powers and duties:

Appeals. Any person affected by any decision, notice or order of the Code Enforcement Officer shall have the right to appeal. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this article and/or the technical codes are adequately satisfied by equivalent form of construction and/or better method of fire prevention. The code hearing board shall hear all appeals made to it and, depending on its findings, shall decide whether such appeals shall be granted.

Interpretation. The code hearing board shall decide any questions involving the interpretation of any provision of this article, the technical codes, or of those other applicable codes and ordinances.

Modification. The code hearing board may grant a modification from the strict application of this article, the technical codes, or of those other applicable codes and ordinances. Such modification may be granted only in those cases which would result in practical difficulty or unnecessary hardship and where the public health and safety shall not be jeopardized.

Procedure. The Board shall adopt, and make available to the public through the secretary, procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence but shall mandate that only relevant information be received. Irrelevant and unduly repetitious evidence shall be excluded. Oral evidence shall be taken only on oath or affirmation.

Board decisions.

A vote to reverse, affirm, or modify, wholly or partly, the decision, notice or order of the Code Enforcement Officer shall be made by a majority of those present and sitting as the code hearing board in any specific case. All decisions of the Board shall be in writing. Certified copies shall be furnished to the appellant and to the Code Enforcement Officer.

The code hearing board shall also retain in its files a copy of each decision, which files shall be available for inspection by the public. Each decision shall set forth fully the reason or reasons for the decision of the code hearing board and the findings of fact on which the opinions and conclusions of law were based.

Enforcement of decision. The code hearing board shall make an order on its decision, and the Code Enforcement Officer shall take immediate action in accordance with the decision of the Board, to carry out said order.

Reports by the code hearing board. The code hearing board shall report to the Board of Supervisors periodically, at intervals of not later than 12 months. The report shall summarize all applications and appeals made to it since the last report and shall contain a summary of the Board's decision on each case. A copy of the report shall be filed with the Code Enforcement Officer. The code hearing board may also submit to the Board of Supervisors advisory reports recommending changes and modifications in this article, the technical codes, or in those other applicable codes or ordinances.

Appeal for interpretation or modification.

Petition.

Any person requesting an interpretation or modification of a decision, notice or order made by the Code Enforcement Officer or by any other employee or official charged with the administration and enforcement of this article, the technical codes, and of those other applicable codes or ordinances may, upon petition, appeal to the code hearing board.