[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Windsor as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-10-2004 by Ord. No. 2004-05]
Lower Windsor Township hereby elects to administer and enforce
the provisions of the Pennsylvania Construction Code Act, Act 45 of
1999, 35 P.S. §§ 7210.101 to 7210.1103, as amended
from time to time, and its regulations.
The Uniform Construction Code, contained in 34 Pa. Code Chapters
401 to 405, as amended from time to time, is hereby adopted and incorporated
herein by reference as the Municipal Building Code of Lower Windsor
Township.
Administration and enforcement of the Code within Lower Windsor
Township shall be undertaken in any of the following ways as determined
by the Board of Supervisors from time to time by resolution:
A.
By the designation of an employee of Lower Windsor Township to serve
as the municipal code official to act on behalf of Lower Windsor Township;
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of Lower Windsor Township;
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of this Act through an intermunicipal
agreement;
D.
By entering into a contract with another municipality for the administration
and enforcement of this Act on behalf of Lower Windsor Township.
E.
By entering Into an agreement with the Pennsylvania Department of
Labor and Industry for plan review, inspections and enforcement of
structures other than one-family or two-family dwelling units and
utility and miscellaneous use structures.
A Board of Appeals shall be established by resolution of the
governing body of Lower Windsor Township in conformity with the requirements
of the relevant provisions of the Code, as amended from time to time,
and for the purposes set forth therein. If at any time enforcement
and administration is undertaken jointly with one or more other municipalities,
said Board of Appeals shall be established by joint action of the
participating municipalities.
A.
All building code ordinances or portions of ordinances which were
adopted by Lower Windsor Township on or before July 1, 1999, and which
equal or exceed the requirements of the Code shall continue in full
force and effect until such time as such provisions fail to equal
or exceed the minimum requirements of the Code, as amended from time
to time.
B.
All building code ordinances or portions of ordinances which are
in effect as of the effective date of this article and whose requirements
are less than the minimum requirements of the Code are hereby amended
to conform with the comparable provisions of the Code.
C.
All relevant ordinances, regulations and policies of Lower Windsor
Township not governed by the Code shall remain in full force and effect.
D.
It is the intent of this article that, by adopting the UCC, Lower
Windsor Township adopts all building or other codes which have been
adopted and mandated by the UCC, including, but not limited to, the
International Fuel Gas Code, and, as the UCC is amended to include
or adopt new or updated versions of any building or other codes, such
codes shall automatically be updated as part of this article.
Fees assessable by Lower Windsor Township for the administration
and enforcement undertaken pursuant to this article and the Code shall
be established by the governing body by resolution from time to time.
No building permit shall be issued pursuant to the Township's
Building Code for any new building or structure that will utilize
an on-site sanitary sewer system until a permit for such system has
been issued by the Township's Sewage Enforcement Officer. If the new
building or structure will connect to a public or community sanitary
sewer system, then the applicant must first provide to the Township's Building
Code Official evidence satisfactory to the Township from the owner
of such system of the applicant's irrevocable right to connect to
the system in sufficient capacity for the proposed use.
Final inspections and occupancy certificates as required under or issued in conjunction with the UCC shall be conducted and issued with, and at the same time as, final inspections and use and occupancy certificates required by Chapter 470, Zoning, of the Code of the Township of Lower Windsor. No inspection or permit shall be conducted or issued under either this article or Chapter 470, Zoning, separately from the other. It shall be the responsibility of the applicant to request such inspections or permits from both the Township's Building Code Official and Zoning Enforcement Officer, who shall be responsible between them for coordinating the inspections and the issuance of the required permits within the time set by the UCC and Chapter 470, Zoning,
Any "owner" or "person," as those terms are defined in the UCC,
who or which violates or permits the violation of any provision of
this article or of the UCC shall commit a summary criminal offense,
and, upon conviction by a Magisterial District Judge, shall be subject
to a fine of up to $1,000 plus costs, and imprisonment to the extent
allowed by law for summary offenses for each violation. Each day of
a violation, and each separate violation of this article or the UCC,
shall be considered a separate violation.
If any section, subsection, sentence, or clause of this article
is held, for any reason, to be invalid, such decision or decisions
shall not affect the validity of the remaining portions of this article.
This article shall be effective July 1, 2004.
