[HISTORY: Adopted by the Board of Supervisors
of the Township of Lancaster 6-14-2004 by Ord. No. 2004-1; amended in its entirety
12-13-2010 by Ord. No. 2010-08. Subsequent amendments noted where
applicable.]
Lancaster Township hereby elects to administer and enforce the
provisions of the Pennsylvania Construction Code Act, Act 45 of 1999,
35 Pa. Code §§ 7210.101 through 7210.103, as amended
from time to time, and all regulations promulgated pursuant thereto
as herein provided.
The Uniform Construction Code ("Code") as 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 municipal building
code of Lancaster Township.
The administration and enforcement of the code within Lancaster
Township shall be undertaken in any of the following ways, or a combination
thereof, as determined by the Board of Supervisors of Lancaster Township,
from time to time, by resolution:
A.
By designation of an employee of Lancaster Township to serve as the
Municipal Code Official to act on behalf of the Township regarding
the administration and enforcement of this chapter and the code.
B.
By retention of one or more construction code officials or third-party
agencies to act on behalf of Lancaster Township regarding the administration
and enforcement of this chapter and the code.
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of this chapter and the code through
an intermunicipal agreement pursuant to 53 Pa.C.S.A. Chapter 23, Subchapter
A (relating to intergovernmental cooperation).
D.
By entering into a contract with the proper authorities of another
municipality for the administration and enforcement of this chapter
and the code on behalf of Lancaster Township.
E.
By entering into an agreement with the Pennsylvania Department of
Labor and Industry for plan reviews, inspections and enforcements
of structures other than one family or two family dwelling units and
utility and miscellaneous use structures.
The Township shall by resolution establish a Board of Appeals
in conformity with the requirements of the relevant provisions of
the code, as the same may be amended from time to time, for the purposes
set forth therein. If at any time enforcement and administration is
undertaken jointly with one or more other municipalities, said Board
of Appeals shall be established by the joint action of the participating
municipalities. No members of the Board of Supervisors of Lancaster
Township may serve as members of the Board of Appeals.
A.
All building code ordinances or such portions thereof which were
adopted by Lancaster Township on or before July 1, 1999, and are in
effect as of the effective date of this chapter, the provisions of
which are equal to 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, at which time, such provisions shall be deemed amended
to provide for the minimum requirements of the code. However, upon
transfer of ownership of any existing dwelling after the effective
date of this chapter, the seller shall be subject to the requirement
of inspection and certification of the smoke detectors as provided
in the code. Existing and new inspections and certifications shall
be effective for a period of 10 years.
B.
All building code ordinances or such portions thereof which were
adopted by Lancaster Township on or before July 1, 1999, and are in
effect as of the effective date of this chapter, and whose requirements
are less or the minimum requirements of all applicable state and municipal
codes or regulations are hereby amended to conform with the comparable
provision of the code.
C.
All relevant ordinances, regulations and policies of this Township
not governed by the code shall remain full force and effect.
The Township, by resolution adopted from time to time, shall
establish such fees as are assessable by the Township for the administration
and enforcement undertaken pursuant to this chapter and the code.
Any person who shall neglect, fail or refuse to comply with
any provisions of this chapter or the code incorporated herein, 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,
which fine and penalty shall 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 country jail for a period not to exceed
30 days. Each day that the violation of this chapter and the code
incorporated herein continues shall constitute a separate offense.
In the event that any of the code provisions incorporated herein prescribe
different penalties from the one imposed herein, the penalty contained
in the applicable code provision shall apply.
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.
