[HISTORY: Adopted by the Board of Supervisors
of the Township of Hamilton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-3-2004 by Ord. No. 105]
Hamilton Township hereby elects to administer
and to enforce the provisions of the Pennsylvania Construction Code
Act, Act 45 of 1999,[1] and its regulations, as presently enforced and as may
be amended from time to time.
[1]
Editor's Note: See 35 P.S. § 7210.101
et seq.
The Uniform Construction Code (UCC), 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 Hamilton
Township Building Code (hereinafter “code”).
Administration and enforcement of the code within
the 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 the Township
to serve as the Township Code Official to act on behalf of the Township;
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 the
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 Board of Supervisors in conformity with the requirements of
the relevant provisions of the code 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 the 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 chapter 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 the 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 chapter and the code shall
be established by the Board of Supervisors by resolution from time
to time.
Any owner or person, as those terms are defined
in the UCC, who or which violates or permits a violation of this chapter
or the provisions of the UCC shall, upon conviction by a District
Justice under the Pennsylvania Rules of Criminal Procedure, be guilty
of a summary offense, which shall be punishable by a fine of not more
than $1,000, plus costs of prosecution. In default of payments thereof,
the defendant may be sentenced to imprisonment for a term not to exceed
90 days. Each day or portion thereof that such violation continues
or is permitted to continue, and each section of this chapter or of
the UCC that is violated, shall constitute a separate offense.
The Township is hereby authorized to enter into
an intergovernmental agreement with Seven Valleys, Jefferson and Spring
Grove boroughs, and Paradise Township, all of York County, Pennsylvania,
to jointly administer the UCC, and jointly create a Board of Appeals
pursuant to the UCC, a copy of which is attached as Exhibit A and
incorporated by reference,[1] and the Chairman of the Board of Supervisors and Secretary/Treasurer
are hereby authorized to execute that agreement on behalf of the Township.[2]
