[HISTORY: Adopted by the Board of Supervisors of the Township of West Manheim as indicated in article histories. Amendments noted where applicable.]
Numbering of buildings — See Ch. 89.
Construction and materials specifications — See Ch. 105.
Floodplain management — See Ch. 141.
Plumbing — See Ch. 186.
Property maintenance — See Ch. 193.
Sewers — See Ch. 207.
Street openings and driveways — See Ch. 228.
Subdivision and land development — See Ch. 235.
Zoning — See Ch. 270.
Article I Administration and Enforcement
[Adopted 7-1-2004 by Ord. No. 2-2004]
This article shall be known as the "West Manheim Township Building Code."
The Township hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act (Act of November 10, 1999, P.L. 491, No. 45, 35 P.S. §§ 7210.101 to 7210.1103, as amended), and its regulations in 34 Pa. Code Chapters 401 to 405 (collectively referred to as the "code").
The code is hereby adopted and incorporated by reference as the Building Code of the Township.
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 of the Township from time to time by resolution:
By the designation of an employee of the municipality to serve as the Code Enforcement Officer to act on behalf of the Township;
By the retention of one or more Construction Code Officials or third-party agencies to act on behalf of the Township;
By agreement with one or more other municipalities for the joint administration and enforcement of this article through an intermunicipal agreement;
By entering into a contract with another municipality for the administration and enforcement of this article on behalf of the Township;
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 is hereby established by the Board of Supervisors 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 is undertaken jointly with one or more other municipalities, the Board of Appeals shall be established by joint action of the participating municipalities.
The West Manheim Township Occupancy Permit Ordinance, Ordinance 07-69, enacted 7-7-1969, together with any amendments thereto, is hereby repealed for all buildings for which permits are issued after the effective date of this article. It shall remain in full force and effect for any improvements for which complete permit applications were filed before the effective date of this article.
The West Manheim Township Building Permit Ordinance, Ordinance 02-67, enacted 10-5-1967, dated 10-5-1967, together with any amendments thereto, is hereby repealed to the extent of any conflicts with the subject ordinance for all buildings for which permits are issued after the effective date of this article. It shall remain in full force and effect for any permits for which complete applications were filed before the effective date of this article.
All other building code or building permit ordinances or portions of ordinances that are in effect as of the effective date of this article and whose requirements are less than the minimum requirements of the code are hereby amended to conform to the comparable provisions of the code.
All relevant ordinances, regulations and policies of the Township not governed by the code shall remain in full force and effect, and any permits required by Township ordinances, or state or federal statutes or regulations, which are not superseded by the code, including but not limited to zoning, subdivision, driveway, sewage, highway, occupancy or NPDES permits, as applicable, shall continue to be required.
Any ordinances of the Township, or parts thereof, which conflict with the terms hereof are hereby repealed as of the effective date hereof.
Fees assessable by the Township for all administration and enforcement undertaken pursuant to this article and the code shall be established by the Board of Supervisors by resolution from time to time. All fees for permits and inspections required by the UCC and this article and all other Township ordinances shall be paid before any permits are issued, and any additional fees which shall become due shall be paid before the issuance of a use and occupancy certificate.
No building permit shall be issued pursuant to the Township's Building Code for any new building or structure that will utilize an on-site sanitary sewer system until a permit for such system has been issued by the Township's Sewage Enforcement Officer. If the new building or structure will connect to a public or community sanitary sewer system, then the applicant must first provide to the Township's Code Enforcement Officer evidence satisfactory to the Township from the owner of such system of the applicant's irrevocable right to connect to the system in sufficient capacity for the proposed use.
Final inspections and occupancy certificates as required under or issued in conjunction with the UCC shall be conducted and issued with, and at the same time as, final inspections and use and occupancy certificates required by Chapter 270, Zoning, of the Code of the Township of West Manheim. No inspection shall be conducted or permit issued under either this article or Chapter 270 separately from the other. It shall be the responsibility of the applicant to request such inspections or permits from both the Township's Code Enforcement Officer and Zoning Officer, who shall be responsible between them for coordinating the inspections and the issuance of the required permits within the time set by the UCC and Chapter 270, Zoning.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.