[Ord. 2004-6, 6/3/2004, § 1]
This Part shall be known as the "Hopewell Township Building Code."
[Ord. 2004-6, 6/3/2004, § 2]
1. 
The Township hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. § 7210.101 et seq., as amended from time to time, and its regulations, in 34 Pa. Code, Chapters 401-405 (collectively referred to as the "UCC"), together with the following, which will also be part of the UCC for purposes of this Part:
A. 
All uncovered decks, regardless of how far above grade or whether at grade, as authorized by the UCC at § 403.102(1)(8) of the regulations.
[Ord. 2004-6, 6/3/2004, § 3; as amended by Ord. 2016-1, 1/4/2016]
1. 
The UCC is hereby adopted and incorporated by reference as the Building Code of the Township.
2. 
The following provisions of building codes and ordinances enforced at the time of adoption of the UCC are hereby preserved:
A. 
Section 4(g) of the Building Permit Ordinance of Hopewell Township, Ord. 9/3/1981, which provides as follows:
"(g)
All dwellings, roofed accessory buildings, or structures in excess of 800 square feet of floor area shall construct and utilize roof drain seepage pits for stormwater. Farm buildings or structures are exempt. Such pits shall be constructed in accordance with criteria and specifications set forth in the Township's Construction and Materials Specifications for Subdivision and Land Development Manual adopted by the Board of Supervisors by resolution, as amended from time to time by the Board of Supervisors by resolution."
[Ord. 2004-6, 6/3/2004, § 4; as amended by Ord. 2004-14, 9/2/2004, § 1; and by Ord. 2012-5, 9/6/2012, § 1]
1. 
Administration and enforcement of the UCC 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 Township to serve as the Building Code Official 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 Part through an intermunicipal agreement.
D. 
By entering into a contract with another municipality for the administration and enforcement of this Part 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. The term "utility and miscellaneous use structures" as used in the UCC, and in the codes enacted pursuant to the UCC, shall include car ports, detached private garages, green houses and sheds having a building area less than 500 square feet.
F. 
By entering into an intergovernmental cooperation agreement pursuant to § 2304 of the Intergovernmental Cooperation Act, 53 Pa.C.S.A. § 2301 et seq. (the "Act") with another local government, as defined in the Act, for the delegation of all or any part of the foregoing powers and methods for administration or enforcement of the UCC or the appellate review of decisions or actions taken thereunder.
[Ord. 2004-6, 6/3/2004, § 5]
A Board of Appeals shall be established by the Board of Supervisors of the Township in conformity with the requirements of the relevant provisions of the UCC, as amended from time to time and for the purposes set forth therein. The Board of Appeals may be established by joint action of the Township and other participating municipalities, as provided by law.
[Ord. 2004-6, 6/3/2004, § 6]
1. 
The Hopewell Township Building Code Ordinances, dated March 6, 1980, and Ord. 1997-1, together with any amendments, is hereby repealed for all buildings for which permits are issued after the effective date of this Part. It shall remain in full force and effect for any improvements for which complete permit applications were filed before the effective date of this Part.
2. 
The Hopewell Township Building Permit Ordinance, dated September 3, 1981, together with any amendments, is hereby repealed for all buildings for which permits are issued after the effective date of this Part. It shall remain in full force and effect for any permits for which complete applications were filed before the effective date of this Part.
3. 
All other building code or building permit ordinances or portions of ordinances those are in effect as of the effective date of this Part and whose requirements are less than the minimum requirements of the UCC are hereby amended to conform to the comparable provisions of the UCC.
4. 
All relevant ordinances, regulations and policies of the Township not governed by the UCC 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 UCC, including but not limited to zoning, driveway, sewage, highway or NPDES permits, as applicable, shall continue to be required.
5. 
It is the intent of this Part that, by adopting the UCC, the Township adopts all building or other codes which have been adopted and mandated by the UCC, including but not limited to the International Fuel Gas Code, and, as the UCC is amended to include or adopt new or updated versions of any building or other codes, such codes automatically shall be updated as part of this Part.
[Ord. 2004-6, 6/3/2004, § 7]
Fees assessable by the Township for the administration and enforcement undertaken pursuant to this Part and the UCC 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 Part 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.
[Ord. 2004-6, 6/3/2004, § 8]
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 Building Code Official 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.
[Ord. 2004-6, 6/3/2004, § 9]
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 the Township's Zoning Ordinance [Chapter 27]. No inspection or permit shall be conducted or issued under either this Part or the Zoning Ordinance [Chapter 27] separately from the other. It shall be the responsibility of the applicant to request such inspections or permits from both the Township's Building Code Official and Zoning Enforcement 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 the Township's Zoning Ordinance [Chapter 27].
[Ord. 2004-6, 6/3/2004, § 10; as amended by Ord. 2016-1, 1/4/2016]
Any person, firm or corporation, as those terms are defined in the UCC, who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and reasonable attorney fees incurred by the Township in the enforcement proceeding and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 2012-5, 9/6/2012, § 2]
The Township hereby affirms and ratifies the York County UCC Agreement, and further grants and delegates powers and duties to York County, Pennsylvania, in the manner and to the extent set forth therein.