[HISTORY: Adopted by the Board of Supervisors
of the Township of West Goshen 5-13-1998 by Ord. No. 7-1998;
amended in its entirety 5-26-2004 by Ord. No. 16-2004. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 28.
Existing buildings — See Ch. 29.
Uniform construction codes — See Ch. 32.
Energy conservation — See Ch. 38.
Electrical standards — See Ch. 39.
Fire prevention — See Ch. 41.
Fuel gas standards — See Ch. 43.
Mechanical standards — See Ch. 49.
Plumbing — See Ch. 62.
Zoning — See Ch. 84.
There is hereby adopted by the Board of Supervisors
of West Goshen Township the International Property Maintenance Code,
2003 Edition, as now and as hereafter supplemented, reissued, amended
and revised as published by the International Code Council, Inc. Not
fewer than three copies of the International Property Maintenance
Code, 2003 Edition, are filed in the office of the Secretary of West
Goshen Township, and the same is hereby adopted and incorporated as
fully as if set out at length herein.
The following amendments, additions, deletions,
and changes are hereby made to the International Property Maintenance
Code, 2003 Edition:
A.
Section 101.1 shall be amended by the deletion of
the words "[NAME OF JURISDICTION]" and the replacement thereof with
the words "West Goshen Township."
B.
The heading of Section 103 shall be deleted in its
entirety and replaced with the following: "SECTION 103 ENFORCEMENT."
C.
Section 103.1 shall be deleted in its entirety and
replaced with the following:
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103.1 General. The Board of Supervisors
shall, by resolution, appoint a Building Code Official who shall be
certified by the Commonwealth of Pennsylvania under the Act. The Building
Code Official shall be responsible for administration and enforcement
of this Code. The Building Code Official shall be assisted by one
or more building officials who shall also be appointed by the Board
of Supervisors and certified by the Commonwealth of Pennsylvania under
the Act. The Building Code Official and building officials shall be
referred to in this Code as "Code Officials."
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D.
Section 103.5 shall be deleted in its entirety and
reserved.
E.
Section 106.4 shall be deleted in its entirety and
replaced with the following:
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106.4 Violations and penalties. Any person who shall violate a provision of this Code or shall fail
to comply with any of the requirements thereof shall be guilty of
a summary offense, punishable by a fine of not more than $1,000 per
day, plus costs and attorney's fees, and, upon default of the payment
of the fine and costs, imprisonment not to exceed 30 days. Each day
that a violation continues shall be deemed a separate offense.
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F.
Section 111, Means of Appeal, shall be deleted and
replaced with the following:
[Amended 7-2-2012 by Ord. No. 05-2012; 8-12-2015 by Ord. No. 5-2015; 12-9-2015 by Ord. No. 8-2015]
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SECTION 111
BOARD OF APPEALS
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111.1 General. The West Chester
Area Council of Governments (WCACOG) has formed a Board of Appeals,
which shall hear and decide appeals of orders, decisions or determinations
made by the Building Official relative to the application and interpretation
of this Code. The Board of Appeals shall be appointed by the WCACOG
and shall be governed by the rules and regulations adopted by the
WCACOG. The Board of Appeals shall adopt rules of procedure for conducting
its business and shall render all decisions and findings in writing
to the appellant with a duplicate copy to the Building Official.
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G.
Section 304.14 shall be amended by the deletion of
the words "[DATE]" and the replacement thereof with "June 1" and "October
30."
H.
Section 602.3 shall be amended by the deletion of
the words "[DATE"] and the replacement thereof with "October 15" and
"April 15."
I.
Section 602.4 shall be amended by the deletion of
the words "[DATE"] and the replacement thereof with "October 15" and
"April 15."
J.
A new Chapter
9 shall be added which shall provide as follows:
[Added 6-15-2021 by Ord.
No. 8-2021]
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CHAPTER 9
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USE AND OCCUPANCY CERTIFICATE UPON TRANSFER OF RESIDENTIAL
PROPERTY
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SECTION 901
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DEFINITIONS
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AUTHORIZED AGENT — Any person who has legal authority
by contract to represent the owner of the property which is being
transferred for resale.
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BOARD OF APPEALS — An independent board established by
the West Chester Area Council of Governments to hear building code
and property maintenance code related appeals.
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MUNICIPAL RESALE CHECKLIST — The basic life safety checklist
used by the resale inspector prior to the issuance of a resale certificate.
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OWNER — Any person who has legal or equitable title to
the residential property which is being transferred for resale.
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RESALE CERTIFICATE — A document obtained from the Township
of West Goshen prior to the transfer of any residential property that
is being offered for resale.
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RESALE INSPECTOR — Any person authorized by the Township
of West Goshen's Department of Code Enforcement who will verify
the municipal resale checklist is complete.
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RESIDENTIAL PROPERTY — Single family dwellings.
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TEMPORARY RESALE USE AND OCCUPANCY PERMIT — A document
issued in accordance with Act 133 of 2016 that authorizes the purchaser
to fully utilize or reside in a property while correcting code violations
noted during the resale inspection. A temporary resale use and occupancy
permit shall be valid for a period of 12 months unless otherwise negotiated
with the Township and the buyer and will be issued in the case of
an as-is transfer or if a seller will not have the opportunity to
make the corrections prior to the transfer of the real property.
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SECTION 902
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APPLICATION AND PROCEDURE
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A.
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An application for a resale certificate shall be obtained from
the Township no less than 15 days prior to the transfer of residential
property.
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B.
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The application shall be filled out completely by the owner
or their authorized agent. The application shall be returned to the
Township with the appropriate inspection fee as set forth in the Township's
fee schedule.
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C.
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The owner or their authorized agent shall be responsible to
schedule the resale inspection with the Township's Department
of Code Enforcement and shall make themselves available for the resale
inspector during regular business hours.
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D.
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Resale inspections will only take place during regular business
hours.
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E.
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The resale inspection fee shall cover two inspections, an initial
inspection and a follow-up inspection. Additional visits shall result
in a re-inspection fee as set forth in the Township's fee schedule.
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F.
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If an owner or their authorized agent fails to show for the
scheduled inspection, no resale certificate will be issued and this
will count toward the initial visit.
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G.
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Once the resale inspector has completed the municipal resale
checklist, if warranted, a resale certificate will be issued by the
Township's Department of Code Enforcement within three business
days.
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H.
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If a temporary resale use and occupancy permit is required,
the Township and the buyer will negotiate a time frame for repairs
to be completed.
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I.
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If a temporary resale use and occupancy permit was issued and
the buyer has completed the repairs within the timeframe outlined
by the temporary permit, the Township will reinspect the property.
Upon reinspection, if all violations have been abated, the temporary
certificate will be replaced with a permanent resale use and occupancy
certificate.
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SECTION 903
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RESALE USE AND OCCUPANCY INSPECTION
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A.
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The resale inspector shall inspect for the following items:
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(1)
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Address Identification. The proper address shall be identified
with four-inch numbers on the house and mailbox. In the case of a
shared driveway, addresses shall be identified at any split in the
driveway.
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(2)
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Smoke Detectors. Electronic or battery-operated smoke detectors
shall be provided with a minimum of one single-station smoke detector
on each habitable floor level including the basement and one single-station
smoke detector within each bedroom. When activated, the smoke detector
shall provide an audible alarm to warn the occupants within the individual
room or unit.
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(3)
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Sump Pump and Condensate Lines. The sump pump and condensate
lines shall not be connected to the public sewer system and are required
to drain to the exterior of the home in accordance with local regulations.
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(4)
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Roof Drains. Roof drains shall not be connected to the public
sewer system and are required to discharge in accordance with local
regulations.
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(5)
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Sewer Vents and Cleanouts. The inspector will verify that the
sewer vent and cleanout are not broken and are properly capped to
prevent stormwater from entering the public sewer system.
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When necessary to ensure the proper implementation
of the provisions of the Code and its administration and enforcement,
the Board may, by resolution, establish a schedule of applicable fees.
