[HISTORY: Adopted by the Board of Supervisors of the Township of East Manchester 6-8-2004 by Ord. No. 2004-3. Amendments noted where applicable.]
The Township hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, as amended from time to time, and its regulations, in 34 Pa. Code Chapters 401 through 405 (collectively referred to as the "UCC").
Editor's Note: See 35 P.S. § 7210.101 et seq.
The UCC is hereby adopted and incorporated by reference as the building code of the Township, and shall be known as the East Manchester Township Building Code.
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:
By the designation of an employee of the Municipality to serve as the Municipal Code Official to act on behalf of the Municipality;
By the retention of one or more Construction Code Officials or third-party agencies to act on behalf of the Municipality;
By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement;
By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of the municipality;
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.
Editor's Note: A Building Code Official and Code Administrator were appointed 6-8-2004 by Res. No. 2004-9, effective 7-8-2004.
A Board of Appeals shall be established by resolution of 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 also be established by joint action of the Township and other participating municipalities as provided by the UCC.
All building code or building permit chapters of this Code which are in effect as of the effective date of this chapter and whose requirements are less than the minimum requirements of the UCC are hereby amended to conform to the comparable provisions of the UCC.
All relevant chapters of this Code, and 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 land use, driveways, sidewalks, streets, sewage, wells, or NPDES permits, as applicable, shall continue to be required.
Fees assessable by the Township for the administration and enforcement undertaken pursuant to this chapter 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 chapter and all other chapters of this Code 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.
Editor's Note: The fee schedule is on file in the Township offices.
No building permit shall be issued pursuant to this chapter 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 of the applicant's irrevocable right to connect to the system in sufficient capacity for the proposed use.
Final inspections and occupancy permits as required under the UCC shall be conducted or issued in conjunction with, and at the same time as, final inspections and use and occupancy certificates required by Chapter 255, Zoning, of the Code of the Township of East Manchester at section § 255-77. No inspection shall be conducted or certificate issued under either this chapter or § 255-77 separately from the other. It shall be the responsibility of the applicant to request such inspections or certificates from both the Township's Building Code Official and Zoning Officer, who shall be responsible between them for coordinating the inspections and the issuance of the required certificates within the time set by the UCC and Chapter 255, Zoning.
Any owner or person, as those terms are defined in the UCC, who or which violates or permits a violation of this chapter or the UCC shall, upon conviction by a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense, and shall be punishable by a of not more than $1,000, plus costs of prosecution. In default of payments thereof, the defendant may be sentenced to imprisonment for a term not to exceed 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 chapter or the UCC that is violated shall also constitute a separate offense.