[HISTORY: Adopted by the Board of Supervisors of the Township
of Lancaster 12-13-2010 by Ord. No. 2010-07.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 105.
Uniform construction codes — See Ch. 126.
Mobile homes and mobile home parks — See Ch.
180.
Subdivision and land development — See Ch. 236.
Swimming pools — See Ch. 241.
Zoning — See Ch. 280.
[1]
Editor's Note: This chapter also repealed former Ch.
110, Building Construction, adopted 10-23-1995 by Ord. No. 1995-7,
as amended.
The title of this chapter shall be the "Building Code of Lancaster
Township."
The Uniform Construction Code, as contained in 34 Pa. Code,
Chapters 401 through 405, as amended from time to time, is hereby
adopted and incorporated as the Municipal Building Code of Lancaster
Township.
Administration and Enforcement of the code within Lancaster
Township shall be undertaken by any of the means set forth below,
as the governing body of the Township shall from time to time adopt
by resolution:
A.
By the designation of an employee of the Township to serve as the
Municipal Code Official to act on behalf of the Township;
B.
By the retention of one or more construction code officials with
third-party agencies to act on behalf of the Township;
C.
By agreement with of one or more other municipalities for the joint
administration and enforcement of this chapter through an intermunicipal
agreement;
D.
By entering into a contract by the other municipality for the administration
and enforcement of this chapter 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
governing body of the Township in conformity with the requirements
of the relevant provisions of the code, as amended from time to time,
and for the purposes set forth therein. If at any time enforcement
and administration of the code shall be undertaken jointly with one
or more other municipalities, the Board of Appeals shall be established
by the joint action of the participating municipalities by resolution.
A.
As of the effective date of this chapter, hard-wired smoke detectors
with battery backup shall be installed in all new dwellings either
under construction or approved for construction in accordance with
all applicable state and municipal building codes.
B.
As of the effective date of this chapter, hard-wired smoke detectors
with battery backup shall be installed in existing dwellings at the
time of any renovation, rebuilding, or addition to the dwelling in
accordance with all applicable state and municipal building codes.
C.
At the time of sale or transfer of ownership of any dwelling after
the effective date of this chapter, an inspection is required by the
seller thereof of all previously installed smoke detectors and an
acknowledgement of the proper working condition in conformity with
the Uniform Construction Code and any other applicable state and municipal
building codes of each such previously installed smoke detector shall
be forwarded to the Township. If no smoke detectors are installed
or if those installed are not certified as being in compliance with
the Uniform Construction Code and any other applicable building codes,
then the Owner of the dwelling at his or her own expense must install
smoke detectors as required by all applicable state and municipal
building codes and provide an acknowledgement of such installation
to the Township. Such inspection and certification shall be valid
for a period of 10 years.
Fees assessable by the municipality for the administration and
enforcement undertaken pursuant to this chapter and the code shall
be established by the governing body by resolution from time to time.
Any person who shall neglect, fail, or refuse to comply with
any provision of this chapter or applicable standard building codes
incorporated by this chapter shall, upon conviction thereof before
a District Justice, be sentenced to pay a fine or penalty of not more
than $1,000 and costs of prosecution, such fine and penalty to be
paid over to the Township treasury. In default of payment of such
fine or penalty, such person shall be sentenced and committed to the
county jail for a period not to exceed 30 days. Each day that the
violation of this chapter continues shall constitute a separate offense.
In the event that any of the building codes incorporated by this chapter
prescribe different penalties from the one imposed herein, the penalty
contained in the applicable standard building code shall apply.
A.
All Building Code ordinances or such portions thereof 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 to the comparable provision of the code.
B.
All relevant ordinances, regulations and policies of this Township
not governed by the code shall remain full force and effect.
In all matters that are regulated by the Laws of the Commonwealth
of Pennsylvania or the United States of America, or by regulation
of departments or agencies of the commonwealth or the United States
promulgated by authority of law, such laws or regulations, as the
case may be, shall control where the requirements thereof are the
same or in excess of provisions of this chapter. This chapter shall
control in all cases where the requirements of the Commonwealth of
Pennsylvania or the United States are not as strict as those contained
herein.
This chapter shall be effective five days after the date of
passage of this chapter.
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.
