Township of West Hanover, PA Chapter 88 Construction Codes, Uniform

[HISTORY: Adopted by the Board of Supervisors of the Township of West Hanover 12-20-2004 by Ord. No. 2004-19.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Title 34 PA Department of Labor and Industry — PA Uniform Construction Code.

Building Code Board of Appeals — See Ch. 8.

Dangerous buildings — See Ch. 81.

Fire prevention — See Ch. 103.

Plumbing — See Ch. 144.

Property maintenance — See Ch. 148.

Subdivision and land development — See Ch. 173.

Zoning — See Ch. 195.

[1] Editor's Note: This ordinance superseded former Ch. 88, Construction Codes, Uniform, adopted 4-5-2004 by Ord. No. 2004-3, as amended.

§ 88-1 Adoption of standards.

A. West Hanover Township has by resolution and this chapter elected to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, and its regulations, as amended from time to time.[1]

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

B. The Uniform Construction Code, contained in 34 Pennsylvania Code, Chapters 401 through 405, as amended from time to time, is hereby adopted and incorporated herein by reference as the building code of the Township of West Hanover, Dauphin County, Pennsylvania.

C. A certain document, three copies of which are on file in the office of the Township Secretary of the Township of West Hanover, being marked and designated as "Uniform Construction Code," as enacted by the State of Pennsylvania, be and is hereby adopted as the code of the Township of West Hanover for establishing a uniform construction code; imposing powers and duties on municipalities and the Department of Labor and industry; providing for enforcement; imposing penalties; and making repeals; referred to, adopted and made part herein as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any.

§ 88-2 Additions, insertions and changes.

[Amended 3-21-2005 by Ord. No. 2005-1]

A. Administration. The following provisions address requirements and procedures for the administration of Chapter 88.

(1) Section 403.43(g). Delete: "A permit may be valid for no more than five years from its issue date." Insert: "A permit may be valid for no more than one year from its issue date."

(2) (IBC) Section 105.1.1.1 and (IRC) Section R105.1.1.

Removal of debris. The contractor or owner shall remove all debris and equipment from the site of work and leave the ground clear of all materials, rubbish and debris, and in a clean and neat condition, as each structure is completed.

(3) (IBC) Section 105.1.1.1.1 and (IRC) Section 105.2.3.1.

Application for permit; highway occupancy permit. No building permit shall be issued for any property where the use of the property or premises has changed, or for any property which will require access to a state highway, until a highway occupancy permit has been issued for said property. The application for a building permit shall bear the following notation: "No building permit will be issued for any lot or parcel where the use of the building or premises has changed or which will require access to a state highway, until authorized by a Pennsylvania Department of Transportation (PENNDOT) highway occupancy permit pursuant to Section 420[1] of the act of June 1, 1945 (P.L. 1242, No. 428) known as the "State Highway Law."

[1] Editor's Note: See 36 P.S. § 670-420.

(4) (IBC) Section 105.1.1.1.2 and (IRC) Section 108.6.

Construction hours. Any construction activity that is required to obtain a permit by (IBC) Section 105 and (IRC) Section 105 or that involves exterior construction or commercial remodeling shall be limited to the hours of 6:00 a.m. to 9:00 p.m. Violation of this section shall be subject to the penalties of Section 113.4.

(5) (IBC) Section 113.1.2 and (IRC) Section 113.1.2.

Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Enforcement Officer and shall furnish to the Code Enforcement Officer a signed and notarized statement to the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the correction or repairs required by such compliance order or notice of violation.

(6) Third-party inspection registration requirements. In accordance with PA Act 45 of 1999 (PA Uniform Construction Code), the Township may enforce certain provisions of the UCC with the use of qualified and registered third-party inspectors. The Township Building Code Official will coordinate all inspection and enforcement activities of third-party inspectors in West Hanover Township. All UCC qualified third-party inspectors and inspection firms shall execute and provide to the Township and Building Code Official all documentation required by the inspection service agreement for the inspection services being provided to the Township. All respective inspectors working in West Hanover Township shall be registered and certified as such by the PA Department of Labor and Industry. Completion and submission of the appropriate inspection service agreement shall constitute licensure in West Hanover Township. No third-party inspector or inspection firm shall conduct inspections in West Hanover Township until the inspection service agreement is complete and all required information has been provided to the Building Code Official. Conducting inspections in West Hanover Township without first completing the inspection service agreement and/or adherence to the requirements of the agreement shall constitute a violation of this section.

(7) (The CABO One- and Two-Family Dwelling Code, 1995) Section R-111.1.

Permit Required. Ordinary repairs are nonstructural repairs and include alteration of or replacement of roofing and siding, erection of a fence, or other nonstructural repairs for which a permit is not required by the Building Official.

(8) Sewer lateral inspection and requirements. In accordance with PA Act 45 of 1999 (PA Uniform Construction Code), the Township may enforce certain provisions of the UCC with the use of qualified and registered third-party inspectors. The Township assigns the inspection responsibility for all sewer lateral inspections to the West Hanover Township Water and Sewer Authority (hereinafter referred to as Authority). The Township Building Code Official will coordinate all sewer lateral inspection and enforcement activities related to sewer lateral requirements of the UCC in accordance with this chapter and in accordance with the following administrative requirements:

(a) The Authority shall be responsible for the sewer lateral inspections for laterals from the service main to the building structure.

(b) The Authority shall have the responsibility of inspecting and/or hiring a third-party inspection agency to conduct lateral inspections. All inspectors, whether from Authority staff or a third-party agency, shall be certified to conduct plumbing inspections, as required by the PA Uniform Construction Code.

(c) The Authority will coordinate inspection activities and provide the Township Building Code Official with a monthly report on all sewer laterals that are inspected and approved by qualified Authority inspectors or any third-party inspection agency.

(d) If the Authority utilizes a third-party agency to conduct sewer lateral inspections, it will provide to the Building Code Official with copies of any inspection services agreement. The enforcement of the third-party inspection service contract violations shall be conveyed to the Township Code Official by the Authority for corrective action.

(e) All plumbing inspections shall be in accordance with the UCC and the International Plumbing Code, current edition.

B. Technical Amendments to Chapter 88 and UCC. The following provisions outline technical amends to the UCC as approved by the Pennsylvania Department of Labor and Industry in accordance with Pennsylvania Act 45, as amended.

§ 88-3 Duration of approved building permit.

A building permit, upon approval, may be valid for no more than one year from its issue date.

§ 88-4 Severability.

If any section, subsection, sentence, or clause of this chapter is held, for any reason, to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this chapter.

§ 88-5 Saving clause.

Nothing in this chapter or in the Uniform Construction Code hereby adopted shall be construed to affect any suitor proceeding impending in any court, or any rights acquired, or liability incurred, or any cause of action acquired or existing, under any act or ordinance; nor shall any just or legal right or remedy or any character be lost, impaired or affected by this chapter.

§ 88-6 Violations and penalties.

A. Any individual, firm or corporation that violates any provision of this chapter commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $1,000 and costs. Each day that a violation of this chapter continues shall be considered a separate violation.

B. Disposition of penalties. The amount of the penalty shall be forwarded to the entity with enforcement jurisdiction.

§ 88-7 Effective date.

The Secretary of West Hanover Township shall certify to the adoption of this chapter and cause the same to be published as required by law; and this chapter shall take full force and effect on July 19, 2004, upon final passage and approval, or upon approval notice for technical amendments of § 88-2B as may be required by the Pennsylvania Department of Labor and Industry, in accordance with the Pennsylvania Uniform Construction Code.