[HISTORY: Adopted by the Board of Supervisors of the Township
of West Manheim as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
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.
[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:
A.
By the designation of an employee of the municipality to serve as
the Code Enforcement Officer to act on behalf of the Township;
B.
By the retention of one or more Construction Code Officials or third-party
agencies to act on behalf of the Township;
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of this article through an intermunicipal
agreement;
D.
By entering into a contract with another municipality for the administration
and enforcement of this article 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 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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
