Township of West Hempfield, PA Chapter 9 Construction Code Agreements

[HISTORY: Adopted by the Board of Supervisors of the Township of West Hempfield as indicated in article histories. Amendments noted where applicable.]

Article I Uniform Construction Code Board of Appeals

[Adopted 12-4-2007 by Ord. No. 7-07[1]]

[1] Editor's Note: This ordinance also superseded former Ch. 9, Construction Code Board of Appeals, adopted 6-1-2004 by Ord. No. 7-04.

§ 9-1 Background.

A. The Legislature of the Commonwealth of Pennsylvania has adopted legislation known as the "Uniform Construction Code," 35 P.S. § 7210.101 et seq. (UCC) The purpose of the UCC is to establish uniform standards for construction of buildings and structures and the administration and enforcement of such standards.

B. The UCC provides that individual municipalities may elect to administer the provisions of the UCC (by adoption of an ordinance) or allow the Department of Labor and Industry to administer the UCC within their municipal boundaries. Municipalities electing to administer the UCC must establish a board of appeals to hear appeals from the decision of the code administrator. The UCC allows for the establishment of a joint board of appeals by municipalities electing to administer the UCC pursuant to the terms of the Intergovernmental Cooperation Law, 53 Pa. C.S.A. § 2301 et seq.

C. The nine municipalities that are desirous of ratifying and confirming the creation and establishment of a joint Central Lancaster County Uniform Construction Code Board of Appeals (Appeals Board) are Columbia Borough, East Petersburg Borough, Manor Township, Millersville Borough, Mountville Borough, Pequea Township, Strasburg Borough, West Hempfield Township, and West Lampeter Township (collectively the participating municipalities). The participating municipalities, either concurrently herewith or prior to the date of this agreement, have elected to administer the UCC within their own individual municipal boundaries in accordance with the terms thereof. The participating municipalities desire to ratify and confirm the establishment of the Appeals Board to hear appeals from decisions of the individual municipalities' code administrators as provided for by the Uniform Construction Code.

D. The LIMC has developed the Restated and Amended agreement for the Establishment of a Central Lancaster County Uniform Construction Code Board of Appeals which is attached hereto as Exhibit A (the agreement).[1]

[1] Editor's Note: Exhibit A is on file in the Township offices.

E. The term of the agreement is indefinite, but is subject to the right of any participating municipality to terminate its participation in this agreement, at any time subject to the provisions thereof.

F. The purpose and objective of the agreement are to implement the provisions of the UCC with respect to multi-municipality boards of appeals.

G. The costs of the operation of the Appeals Board shall be shared in accordance with the provisions of the agreement.

H. The agreement provides for the formation of a joint Appeals Board to hear appeals from the decision of each participating municipality's code administrator.

I. It is not anticipated that any real or personal property will be acquired by the Appeals Board pursuant to the agreement.

J. Although it is not anticipated that the Appeals Board will hire regular employees, the Appeals Board shall be empowered under the agreement, but not required, to enter into contracts for policies for group insurance and employee benefits, including social security, for its employees, as applicable.

§ 9-2 Approval of agreement.

The agreement, a copy of which is appended hereto as Exhibit A, is hereby approved by West Hempfield Township, and the Chairman of the Board of Supervisors shall, on behalf of the Township, execute said agreement as appended hereto as Exhibit A.[1]

[1] Editor's Note: Exhibit A is on file in the Township offices.

§ 9-3 Obligations.

The Township's obligations to enter into the agreement and its obligations under the agreement are expressly conditioned upon all other participating municipalities, as referenced in said agreement, enacting and authorizing the entry into the agreement on the same terms and conditions as are applicable to the Township.

Article II Administration of Uniform Construction Code

[Adopted 4-1-2008 by Ord. No. 4-08]

§ 9-4 Authorization of agreement.

Authorization of intermunicipal agreement. This Township agrees that the City of Lancaster and West Hempfield Township shall join with each other in accordance with the Pennsylvania Intergovernmental Cooperation Act by entering into the municipal agreement which is adopted by reference with the same effect as if it had been set out verbatim in this section and a copy of which shall be filed with the minutes of the meeting at which this article was enacted.

§ 9-5 Authorization of action; purpose.

Authorization of action by Township officials. This Township is authorized to enter into the municipal agreement for the purposes contained therein. This action is to be taken by the officials or employees of the Township designated for this purpose, pursuant to general or specific instructions issued by the Board of Supervisors.

§ 9-6 Findings; City of Lancaster as construction code official.

Findings required by Intergovernmental Cooperation Act. As required by the Intergovernmental Cooperation Act, the following matters are specifically found and determined:

A. The conditions of the agreement are set forth in the municipal agreement referred to in § 9-4.

B. The municipal agreement shall commence upon execution by both West Hempfield Township and the City of Lancaster and shall continue until December 31, 2010, and annually thereafter. The municipal agreement may be terminated by any party at any time for cause or after December 31, 2010, upon 60 days notice to the other party.

C. The purposes and objectives of the municipal agreement are to authorize the City of Lancaster to serve as a registered construction code official to administer the Uniform Construction Code under and pursuant to the terms of the Ordinances of West Hempfield Township with respect to projects known as the Susquehanna Water Treatment Plant located at 900 South 15th Street and the Oyster Point Reservoir facility located at Oyster Point, Lancaster County, Pennsylvania.

D. No contribution of funds is anticipated or required by the municipal agreement.

E. No new organizational structure will be formed by the municipal agreement.

F. No property shall be acquired or disposed of under the municipal agreement.

G. No entity is created under the municipal agreement. The Township and the City are empowered to enter into contracts for group insurance and employee benefits.