[HISTORY: Adopted by the Board of Supervisors of the Township of
Richland 6-14-2004 by Ord. No. 289. Amendments noted where applicable.]
Richland Township hereby elects to administer and enforce the provisions
of the Uniform Construction Code Act, Act 45 of 1999, 35 P.S. § 7210.101
through § 7210.1103, as amended from time to time, and its regulations.
The Uniform Construction Code, and its regulations contained in 34 Pa.
Code, Chapters 401 through 407, except as provided for below, as amended from
time to time, are hereby adopted and incorporated herein by reference as the
municipal building code of Richland Township. The following regulations, as
permitted by the UCC, are amended for implementation in Richland Township:
A.
Commercial construction.
(1)
Section 403.42(c)(1)(i) is hereby amended to require
permits for fences of any height for commercial properties.
(2)
Section 403.42(c)(1)(iv) is hereby amended to require
permits for water tanks supported on grade and any appurtenant structures
that exceed 500 gallons.
(3)
Section 403.42(c)(1)(viii) is hereby amended to require
permits for prefabricated swimming pools for any use classification having
a diameter or any inside dimension in excess of 10 feet and containing or
normally capable of containing water to a depth at any point greater than
1 1/2 feet.
(4)
Section 403.43(g) is hereby amended to establish the
valid length of a permit to be one year from the date of issuance. A permit
shall become invalid automatically, without further notice by the Township,
if construction work authorized does not commence within 90 days from the
date of issuance or is suspended or abandoned for a period of 180 days after
work has commenced, unless extended by the Township for good cause shown.
B.
Residential (one- and two-family) construction.
(1)
Section 403.62(c)(1)(i) is hereby amended to require
permits for fences of any height for residential properties.
(2)
Section 403.62(c)(1)(iii) is hereby amended to require
permits for water tanks supported on grade and any appurtenant structures
that exceed 500 gallons.
(3)
Section 403.62(c)(1)(vi) is hereby amended to require
permits for prefabricated swimming pools for any residential use having a
diameter or any inside dimension in excess of 10 feet and containing or normally
capable of containing water to a depth at any point greater than 1 1/2
feet.
(4)
Section 403.62(c)(1)(xiii) is hereby amended to require
permits for the replacement of existing siding materials on one- and two-family
dwellings. Permits shall not be required for the replacement of siding materials
on detached accessory structures that do not exceed 400 square feet in size.
(5)
Section 403 62(c)(1)(xvi) is hereby amended to require
a permit for the replacement of rain gutters and leaders on one- and two-family
dwellings. Permits shall not be required for the replacement of gutters and
leaders on detached accessory structures that do not exceed 400 square feet.
(6)
Section 403.62(c)(1)(xvii) is hereby amended to require
permits for the installation or construction of any uncovered deck.
(7)
Section 403.63(g) is hereby amended to establish the
valid length of a permit to be one year from the date of issuance. A permit
shall become invalid automatically, without further notice by the Township,
if construction work authorized does not commence within 90 days from the
date of issuance or is suspended or abandoned for a period of 180 days after
work has commenced, unless extended by the Township for good cause shown.
A.
Administration and enforcement of the building code within
Richland Township shall be undertaken in any of the following ways as determined
by the Board of Supervisors of Richland Township, from time to time, by resolution:
(1)
By the designation of an employee of Richland Township
to serve as the Municipal Building Code Enforcement Officer to act on behalf
of Richland Township;
(2)
By the retention of one or more construction code officials or third-party agencies to act on behalf of Richland Township and/or to assist the employee of Richland Township designated in Subsection A above;
(3)
By agreement with one or more other municipalities for
the joint administration and enforcement of this Act through an intermunicipal
agreement;
(4)
By entering into a contract with another municipality
for the administration and enforcement of this Act on behalf of Richland Township;
and
(5)
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.
B.
Any person or entity so designated by the Board of Supervisors
shall be referred to as the "Building Code Enforcement Officer(s)."
All appeals from a decision of the Codes Enforcement Officer(s) shall
be to the Richland Township Administrative Board of Appeals pursuant to the
procedures set forth by the ordinance establishing the Board and its rules
and regulations.[1]
A.
All building code ordinances or portions of ordinances
which were adopted by Richland Township on or before July 1, 1999, and which
equal or exceed the requirements of the UCC shall continue in full force and
effect until such time as such provisions fail to equal or exceed the minimum
requirements of the UCC, 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 chapter and whose requirements
are less than the minimum requirements of the UCC are hereby amended to conform
with the comparable provisions of the UCC.
C.
All relevant ordinances, regulations and policies of Richland Township not regulated by the UCC shall remain in full force and effect. It is the intention of Richland Township that the provisions of the zoning ordinance, as set forth in Chapter 240 of the Richland Township Code, shall continue to apply to all construction and land uses.
Fees assessable by Richland Township for the administration and enforcement
undertaken pursuant to this chapter and the building code shall be established
by the Board of Supervisors by resolution, from time to time.
A.
For any and every violation of the provisions of this
chapter or the terms of a building permit issued, the owner, general agent
or contractor of a building or premises where such violation has been committed
or shall exist, and the owners, general agent, contractor, lessee or tenant
of any part of a building or premises in which part such violation has been
committed or shall exist, and the general agent, architect, builder, contractor
or any other person who knowingly commits, takes part or assists in any such
violation or who maintains any building or premises in which any such violation
shall exist, shall, upon being found liable therefor, in a civil enforcement
proceeding commenced in the name of Richland Township, pay a judgment of not
more than $1,000, plus all court costs, including reasonable attorneys' fees
incurred by Richland Township as a result thereof. No judgment shall commence
or be imposed, levied or payable until the date of the determination of the
violation by a District Justice. If the defendant neither pays nor timely
appeals the judgment. Richland Township may enforce the judgment pursuant
to the applicable Rules of Civil Procedure. Each day that a violation continues
shall constitute a separate violation unless the District Justice determining
that there has been a violation further determines that there was a good-faith
basis for the person, partnership or corporation violating this chapter to
have believed that there was no such violation, in which event there shall
be deemed to have been only one such violation until the fifth day following
the date of the determination of a violation by the District Justice, and
thereafter each day that a violation continues shall constitute a separate
violation. All judgments, costs and reasonable attorneys' fees collected for
the violation of this chapter shall be paid over to Richland Township.
B.
In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained in violation of
this chapter or any regulations made pursuant thereto, the proper township
authorities, in addition to other remedies provided by law, may institute
any appropriate action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use; to restrain,
correct or abate such violation; to prevent the use of said building or structure
or to prevent any illegal act or conduct in or about such premises.
