Township of West Nantmeal, PA Article I Administration and Enforcement of UCC

[Adopted 6-14-2004 by Ord. No. 85]

§ 75-1 Election to administer and enforce Act.

A. The Township hereby elects to administer and enforce the Act and the regulations promulgated under the Act which are found at 34 Pa. Code Chapters 401 through 405 (the "regulations"), as the same are amended from time to time, as the Township's Building Code. The Township shall notify the Department within 30 days of adoption of this article that the Township has elected to administer and enforce the Act in accordance with this article.

B. By electing to adopt, administer and enforce the Act, the Township hereby adopts and incorporates as fully as if set out at length herein Chapters 1 through 29 and 31 through 35 of the International Building Code, 2003 Edition ("IBC 2003"), as now and as hereafter supplemented, reissued, amended and revised and its successor building codes, as published by the International Code Council, Inc., as the Township's Building Code. Not fewer than three copies of the International Building Code, 2003 Edition, have been and now are filed in the office of the Township Secretary and may be examined there without charge. If any provision in Chapter 1 of the IBC 2003 which governs administration of the Building Code is inconsistent with the regulations, the provisions in the regulations shall govern the administration and enforcement of the Building Code.

C. The Township hereby adopts and incorporates as fully as if set out at length herein Appendixes E and H of the IBC 2003, as now and as hereafter supplemented, reissued, amended and revised and its successor appendixes as published by the International Code Council, Inc.

§ 75-2 Provisions of prior Building Code remaining in effect.

[Added 10-11-2004 by Ord. No. 94]

The Township shall keep in full force and effect the following requirements in its Building Code, which provisions were in effect as of July 1, 1999:

A. All repairs and alterations to residential buildings shall comply with the Township's Building Code adopted on June 14, 2004, and any successor code adopted by the Township pursuant to Act 45 of 1999.[1]

[1] Editor's Note: See 35 P.S. § 7210.101 et seq.

B. Construction, alteration, enlargement, replacement, repair, removal and demolition of utility and miscellaneous use structures which are greater than 500 square feet in area shall comply with the Township's Building Code adopted on June 14, 2004, and any successor code adopted by the Township pursuant to Act 45 of 1999.

§ 75-3 Additions, insertions and changes to standards in IBC 2003.

The following sections of the IBC 2003 are hereby amended and revised as follows:

A. Section 101.1 is amended by the insertion of "West Nantmeal Township" in the "[NAME OF JURISDICTION]" blank.

B. The title to Section 103 shall be amended to read as follows: "Section 103. Building Code Official."

C. Section 103.1 shall be amended to read as follows:

103.1. Creation of enforcement agency. The Board of Supervisors shall, by resolution, appoint a Building Code Official, who shall be certified by the Commonwealth of Pennsylvania under the Act. The Building Code Official shall be responsible for administration and enforcement of this code.

D. Section 103.2 shall be deleted.

E. Section 108.2 is amended to read as follows:

108.2. Schedule of permit fees. Fees for each plan examination and building permit, including the moving or demolition of buildings and structures, shall be paid in advance in accordance with the Fee Schedule established by resolution duly adopted by the Board of Supervisors of West Nantmeal Township, as the same may from time to time be amended.

F. Section 113.4, Violation penalties, is amended to read as follows:

113.4. Violation penalties. Any person who violates or permits the violation of any provision of this chapter or who shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair any building or structure in violation of either an approved plan, a directive of the Building Official or of a permit or certificate issued under the provisions of this chapter shall, upon conviction thereof in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be subject to the payment of a fine of not more than $1,000, plus the costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 90 days. Each section or provision of this chapter that is violated shall constitute a separate offense, and each day or portion thereof in which a violation of this chapter is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the Magisterial District Judge of not more than $1,000, plus the costs of prosecution, or, upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 90 days. All fines and penalties collected for the violation of this chapter shall be paid to the Township Treasurer.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

G. Section 1612.3 is amended by the insertion of "West Nantmeal Township" in the "[NAME OF JURISDICTION]" blank and "November 20, 1996" in the "[DATE OF ISSUANCE]" blank.

H. Section 3410.2 is amended by the insertion of "May 13, 1995," in the "[DATE TO BE INSERTED BY THE JURISDICTION]" blank.

§ 75-4 Administration of code.

The Building Code shall be administered and enforced by the Building Code Official, who shall be appointed by resolution of the Board of Supervisors.

§ 75-5 Effect on prior code.

Pursuant to Section 104(d)(1) of the Act, the Township may keep in full force and effect any provisions of the Township's existing Building Code which were in effect on or before July 1, 1999, or reenactments of simultaneously repealed ordinances which were originally adopted before July 1, 1999, provided that such provisions meet or exceed the Act. Under such authority, the Township intends to keep in full force and effect the following provision in its existing Zoning Code which meets or exceeds the standards in the Act:

A. Section 110.1 of the IBC 2003 shall be revised to state as follows:

110.1. Use and occupancy. No building or structure shall be used or occupied, no change in the existing occupancy classification of a building or structure or portion thereof shall be made and no building or other structure shall be conveyed or leased until a use and occupancy certificate has been issued by the Building Official or Zoning Officer in accordance with the provisions of this Building Code and Chapter 215, Zoning, of the Code of West Nantmeal Township.

§ 75-6 Amendments to regulations.

Section 403.102(1)(8) of the regulations allows a municipality to revise certain provisions in the regulations regarding the administration and enforcement of the Act. Pursuant to such authority, the Township elects to make the following revisions to the regulations:

A. The exemption in Section 403.62(c)(1)(xvii) shall be deleted. The Township shall require a building permit for the installation of all decks.