[HISTORY: Adopted by the Board of Supervisors of the Township
of Douglass as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-15-1973 by Ord. No. 73-6 (Ch. 5, Part 1, of the 1986 Code
of Ordinances)]
The office of Building Code Official of Douglass Township hereby
is created and the executive official in charge thereof shall be known
as the "Building Code Official." He shall be appointed by the Board
of Supervisors and shall serve at the pleasure of such Board for an
indefinite term of office. During temporary absence or disability
of the Building Code Official, the Supervisors shall designate an
Acting Building Code Official.
To be eligible for appointment as Building Code Official, a
person shall have had experience as an architect, engineer, building
inspector, contractor or superintendent of building construction,
or shall have had management or executive experience. He shall be
capable of making the necessary examinations and inspections. The
Building Code Official 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 buildings or structures,
or the preparation of plans or of specifications therefor, unless
he is the owner of the building; nor shall such Officer engage in
any work which conflicts with his official duties or with the interests
of the Township. If said appointee has had only management or executive
experience, the Building Code Official and/or the Township Supervisors
shall call upon the Township Engineer as deemed necessary for technical
advice and inspections or examinations.
The Building Code Official or other officer or representative
of the Township charged with the enforcement of the Code while acting
for the municipality shall not thereby render himself liable personally,
and he hereby is relieved from all personal liability for any damage
that may accrue to persons or property as a result of any act required
or permitted in the discharge of his official duties. Any suit instituted
against any officer or other representative because of an act performed
by him in the lawful discharge of his duties and under the provisions
of the Code shall be defended by the legal representative of the municipality
until the final termination of the proceedings. In no case shall the Building
Code Official or any other officer or representative of the Township
be liable for costs in any action, suit or proceeding that may be
instituted in pursuance of the provisions of the Code, and any officer
or other representative 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 his official
duties in connection therewith.
The owner of a building or structure or any other person may
appeal from a decision of the Building Code Official to the Board
of Supervisors within 30 days from the date of such decision. The
Board of Supervisors shall give their decision within 30 days from
the date of the appeal. The decision of the Board of Supervisors shall
be final unless appealed to a court with proper jurisdiction of such
matters within 30 days thereof.
[Adopted 3-15-2004 by Ord. No. 2004-03]
Douglass Township, Montgomery County, Pennsylvania, hereby elects
to administer and enforce the provisions of the Pennsylvania Construction
Code Act, Act 45 of 1999, as amended from time to time, and its regulations.
The Uniform Construction Code, contained in 34 Pa. Code Chapters
401-405, as amended from time to time, is hereby adopted and incorporated
herein by reference as the municipal building code of Douglass Township,
Montgomery County, Pennsylvania.
Administration and enforcement of the Code within Douglass Township,
Montgomery County, Pennsylvania, shall be undertaken in any of the
following ways as determined by the Board of Supervisors of this Township
from time to time by resolution:
A.
By the designation of an employee of Douglass Township to serve as
the Township Code Official to act on behalf of Douglass Township,
Montgomery County, Pennsylvania;
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of the 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 this 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 this municipality 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,
the 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 this 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 or ordinances which are
in effect as of the effective date of this ordinance 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 this Township
not governed by the Code shall remain in full force and effect.
Fees assessable by the 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.
[Added 8-21-2006 by Ord.
No. 2006-05]
Article V of Chapter 230, Subdivision and Land Development, of the Code of the Township of Douglass, setting forth the standard construction material specifications for public improvements, is by reference hereto incorporated herein. The provisions of the Uniform Construction Code and the standards for the construction of public improvements and the material specifications therefor as set forth in Article V of Chapter 230, Subdivision and Land Development, shall be complied with. In the event of a conflict, the more strict provision or standard shall be complied with.
