CHAPTER 1 - ADMINISTRATION |
SECTION 101.0 SCOPE |
101.1 Title: These regulations shall be known as the Building Code of Williams Township, Northampton County, Pennsylvania, hereinafter referred to as "this code." |
101.2 shall be amended to read as follows: |
101.2 Scope: These regulations shall control all matters concerning the construction, alteration, addition, repair, removal, demolition of all buildings and structures, and shall apply to existing or proposed buildings and structures, except as such matters are otherwise provided for in other ordinances or statures, or in the rules and regulations authorized for promulgation under the provisions of this code. |
101.4 Referenced codes: shall be amended as follows: |
101.4 Referenced codes: The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. |
Section 101.4.5 Property maintenance is hereby deleted so that the provisions of the International Property Maintenance Code shall not apply in the Township of Williams. |
SECTION 102.0 APPLICABILITY |
102.6. Existing structures shall be amended to reach as follows: |
102.6 Existing structures: The legal occupancy of any structure existing on the date of the adoption of this code, or for which it has been heretofore approved, shall be permitted to continue without chance, except as is specifically covered in this code or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public. |
SECTION 103 DEPARTMENT OF BUILDING SAFETY |
103.2 Appointment shall be amended to read as follows: |
103.2 Appointment: The Building Official shall be appointed by the Williams Township Board of Supervisors. The Williams Township Zoning Officer may serve as the Building Official. |
103.3 Deputies shall be amended as follows: |
103.3 Organization: The Williams Township Board of Supervisors upon recommendation by the Township Manager shall appoint such number of officers, technical assistants, inspectors, and other employees as shall be necessary for the administration of this Building Code and as authorized by the Williams Township Board of Supervisors. The Williams Township Board of Supervisors upon recommendation by the Township Manager shall also on an annual basis approve agencies or individuals for the purposes of performing the inspections required herein. The Township Manager shall prepare a list of appointed agencies or individuals which shall be ratified by the Williams Township Board of Supervisors. Said list shall be published and available for inspection at the Office of the Township of Williams. The Township Manager with ratification by the Williams Township Board of Supervisors shall have the authority to remove any agency or individual from the appointed list prior to the completion of the yearly appointment. |
103.4 shall be added as follows: |
103.4 Relief from personal responsibility: The Building Official, officer, or employee charged with the enforcement of this code, while acting, with good faith and without actual malice, for the jurisdiction, 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 permitted in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee, with good faith and without actual malice, in the lawful discharge of duties, and under the provisions of this code, shall be defended by the legal representative of the Township of Williams until the final termination of the proceedings. The Building Official 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 code, 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. Nothing herein shall be construed to waive any immunity for the Townships or its agents or employees. |
SECTION 104 DUTIES AND POWERS OF BUILDING OFFICIAL. |
104.1 General shall be amended to read as follows: |
104.1 General: The Building Official shall enforce all of the provisions of this code and shall act on any question relative to the mode or manner of construction and materials to be used in the erection, addition to, alteration, repair, removal, and demolition or installation of service equipment of all buildings and structures, except as otherwise specifically provided for by statutory requirements or as provided for in Sections 104.2 - 104.11.1. |
104.4 Inspections shall be amended to read as follows: |
104.4 Inspections: The Building Official may make any and/or all of the required inspections and shall review and approve all reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. |
104.5 Identification shall be amended to read as follows: |
104.5 Identification: The Building Official and/or approved agency or individual shall carry proper identification when inspecting structures or premises in the performance of duties under this code. |
SECTION 106 CONSTRUCTION DOCUMENTS |
106.2 Site plan shall be amended to include the following: |
106.2 Site plan: The site plan for all new construction shall indicate the location of a private sewage disposal system where a public sewer is not available and provide verification of compliance with Township Ordinances for on-lot sewage. The site plan for all additions, alterations to a structure, or for moving a structure shall to the extent affected, show the location of the private sewage disposal system where public sewer is not available and provide verification of compliance with Township Ordinances for on-lot sewage. |
SECTION 108 FEES |
108.2 Schedule of permit fees: shall be amended to read as follows: |
108.2 Schedule of permit fees: A permit to begin work for new construction, alteration, removal, demolition, or other building operation shall not be issued until the fees prescribed in this section shall have been paid to the Township, nor shall an amendment to a permit necessitating an additional fee be approved until the additional fee has been paid. A fee for each permit shall be paid in accordance with the schedule adopted by Resolution of the Township of Williams. Said schedule may be amended from time to time by Resolution of the Board of Supervisors. |
SECTION 109 INSPECTIONS |
109.1 General is hereby deleted and a new Section 109.1 is added and shall provide as follows: |
109.1 General: All inspections required under this code for compliance with these regulations shall be performed by an inspection agency and or Building Official and or individual fully qualified and designated and approved by the Williams Township Board of Supervisors. The permit holder may select an approved inspection agency or individual from an approved list with the approval of the Building Official. However, in the event of disagreement with the permit holder on the selection of the approved inspection agency or individual, the Building Official shall be responsible to select the appropriate inspection agency or individual with consideration of all circumstances involved in the project. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction 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 building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. |
109.3 Required inspections shall be amended as follows: |
109.3 Required inspections: All inspections shall be made as set forth in Sections 109.3.1 through 109.3.10 by an inspection agency and or Building Official and or individual in accordance with Section 109.1 General above. |
SECTION 112 BOARD OF APPEALS |
112.1 General shall be amended to read as follows: |
112.1 General: In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall consist of five members appointed at the recommendation of the Township Manager and as ratified by the Williams Township Board of Supervisors as follows: (a) one for a five year term; (b) one for a four year term: (c) one for a three year term: (d) one for a two year term; and (e) one for a one year term. Thereafter, each new member shall serve for five years or until a successor has been appointed. Nothing herein shall prevent an employee, other than the Building Official. Manager, or designee, the Township Board of Supervisor, or a member of any other board, from acting as a member of the board of appeals. |
112.1.2 shall be enacted to read as follows: |
112.1.2 Alternate members: The Township Manager shall appoint with the ratification and consent of the Williams Township Board of Supervisors, two alternate members who shall be appointed by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall be appointed for five years or until a successor has been appointed. |
112.2.3 Procedure shall be enacted to read as follows: |
112.2.3 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 the strict rules of evidence but shall mandate that only relevant information be received. The Building Official may request that the Solicitor prosecute on behalf of the Township any appeal and take all steps permitted by law to represent his office. |
112.4 shall be enacted as follows: |
112.4 Board decision: The Board shall modify or reverse the decision of the Building Official by a concurring vote of the majority of the quorum. |
112.5 shall be added as follows: |
112.5 Decision: The decision of the Board shall be in writing. Certified copies shall be furnished to the appellant. Manager, and Building Official within 10 days of the decision. |
112.7 shall be added as follows: |
112.7 Court review: Any person, whether or not a previous party of the appeal, shall have the right to appeal to the Court of Common Pleas of Northampton County in accordance with law. Any appeal must be filed within 30 days of the date of the written decision. |
SECTION 113 VIOLATIONS |
113.2 Notice of Violation shall be amended to read as follows: |
113.2 Notice of Violation: The Building Official shall serve a notice of violation or order on the owner and or person responsible for the erection, construction, alteration, extension, repair, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a detailed statement or a plan approved there under, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. |
Such notice shall be deemed properly served if a copy thereof is (a) delivered to the owner personally; or (b) sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested and or posting of the premises. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the premises affected by such notice. 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 notice upon the owner. In addition, posting of said notice in a conspicuous place upon the premises subject to the permit shall be deemed adequate service. |
113.3 Prosecution of violation is hereby amended to read as follows: |
113.3 Prosecution of violation: If the notice of violation is not complied with promptly, the Building Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. |
The cost, including engineering and legal fees, for the proceedings shall be borne by the owner. The Solicitor shall collect all costs, including engineering and attorney's fees, from the owner together with an administrative fee of 10% of the same; and the cost unpaid for 20 days, and the same shall without further notice become a municipal lien and recoverable as provided by law for the collection of municipal claims or by action in assumpsit. |
113.4 Violation penalties are hereby amended to read as follows: |
113.4 Violation penalties: Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter, or repair a building or structure in violation of an approved plan or directive of the Building Official, or a permit or certificate issued under the provisions of this code, shall be guilty of a summary offense punishable by a fine of not more than $1,000, or by imprisonment to the extent allowed by law for the punishment of summary offenses, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. |
The imposition of penalties herein prescribed shall not preclude the Solicitor from instituting appropriate action to prevent the unlawful construction or to restrain, correct, or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or occupancy of a building or structure on or about any premises, and collect the cost of all proceedings, including legal fees, from the violator(s). |
SECTION 114 STOP WORK ORDER |
114.3 Issuance shall be amended to include the following: |
114.3 Unlawful Continuance: 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 liable to a fine not to exceed $1,000, or imprisonment for more than 30 days, or both. Each day that a violation continues after due notice has been served shall be deemed a separate offense. |
SECTION 115 UNSAFE STRUCTURES AND EQUIPMENT |
115.3 Notice shall be amended to read as follows: |
115.3 Notice: If an unsafe condition is found, the Building Official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the Building Official acceptance or rejection of the terms of the order. |
Upon receipt of an application from the person required to conform to the order and an agreement by such person that he will comply with the order if allowed additional time, the Building Official may grant an extension of time, not to exceed an additional 60 days, within which to complete said repair, rehabilitation, or demolition, if the Building Official determines that such an extension will not create or perpetuate a situation imminently dangerous to the health, safety, and welfare of the public and the permittee agrees. |
115.6 shall be added as follows: |
115.6 Disregard of notice: Upon refusal or neglect of the person served with an unsafe notice to comply with the requirements of the order to abate the unsafe condition, the Building Official may pursue any recourse provided by law or equity. |