Part 1 Commercial Occupancy Certificates
Editor's Note: Original Part 1 of Ch. 11, Certificate of Disclosure Required Prior to Sale of Property, adopted by Ord. 323, 4/11/1977, as amended; original Part 2 of Ch. 11, Tenant Registration Reports, adopted by Ord. 578, 6/13/2002; and original Part 4 of Ch. 11, Sex Offender Residency Restrictions, adopted by Ord. 638, 12/13/2007, were repealed by Ord. 737, 1/19/2017. Original Part 3, Commercial Occupancy Certificates, was redesignated as Part 1.
[Ord. 279, 2/3/1975, § 4:401; as amended by Ord. 322, 4/11/1977, § 1; Ord. 578, 6/13/2002, § 1; Ord. 737, 1/19/2017]
No property that is to be used as a nonresidential property shall be rented, leased, sold, or otherwise transferred without first obtaining an occupancy certificate from the Department of Licenses and Inspections.
This section shall pertain and apply to owner-occupied premises, as well as tenant-occupied premises. In the case of owner-occupied premises, either the former owner or the new owner and/or agent thereof may apply for the occupancy certificate. If the property is occupied without such a certificate, both the new and the old owner and/or agent thereof shall be liable under the penalty provisions of this Part 1. In the case of tenant-occupied premises, either the landlord or agent or tenant may apply for the occupancy certificate. If the premises is occupied without an occupancy certificate, both the landlord, the agent, and tenant will be liable under the penalty provisions of this Part 1.
It shall be the duty of the Department of Licenses and Inspections to issue an occupancy certificate if the premises are found to comply with Chapter 5, Part 3, Property Maintenance and Housing Standards; Chapter 5, Part 4, Fire Prevention and Life Safety Standards; Chapter 27, Zoning; and all other applicable laws, ordinances, and regulations in effect.
Any additions or alterations to the original construction must comply with all applicable laws, ordinances, and regulations in effect at the time of such addition or alteration. Any new construction necessary to ensure compliance with the applicable laws, ordinances, and regulations pursuant to this Part 1 shall comply with the Pennsylvania Uniform Construction Code and its successor codes.
The following shall be provided to the Department of Licenses and Inspections prior to the issuance of an occupancy certificate:
An electrical inspection certification, completed by a Pennsylvania Department of Labor and Industry third-party inspection agency, dated within the last 12 months.
An annual inspection certificate for all fire-protection and detection systems contained within the premises, completed within the last 12 months. Such form shall be that of the applicable National Fire Protection Association.
A heater and chimney certification, completed by a Warminster Township licensed mechanical contractor of the applicant's choosing, on a form provided by the Township, completed within the last 12 months.
A floor plan in an acceptable digital format (PDF or JPG), indicating the location of all entrances and exits, electrical panels, gas meters, fire-protection systems (FDC, fire alarm panels, sprinkler controls, standpipe connections, etc.) and storage locations of hazardous materials. The Department of Licenses and Inspections may request additional information be provided from time to time.
A list of emergency contacts and contact information for at least three employees who are able to gain access to as well as authorized to deactivate any alarm systems.
A hazardous materials inventory statement.
Material safety data sheets for all materials contained on the hazardous materials inventory statement stored or produced on the premises.
If the premises are in violation of the aforementioned codes or ordinances, the Department of Licenses and Inspections shall notify the applicant, in writing, of the code or ordinance violations, and further that the premises are not to be occupied until the violations are abated and the certificate issued.
The Department of Licenses and Inspections may, from time to time, issue a temporary occupancy certificate to applicants based on the nature and severity of the outstanding violations. Such temporary occupancy certificates shall be valid for only a period of 30 days. Failure to correct any and all outstanding violations shall be subject to the penalty provisions of this Part 1.
[Ord. 737, 1/19/2017]
Applicants for an occupancy certificate must first complete, in full, a form supplied by the Department of Licenses and Inspections, as well as pay a fee set forth in the Warminster Township Fee Schedule, as established by the Warminster Township Board of Supervisors from time to time, prior to any inspection taking place.
[Ord. 279, 2/3/1975, § 4:402; as amended by Ord. 578, 6/13/2002, § 1]
Any person, firm or corporation who shall violate any provision of this Part 1, 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, 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 1 continues or each section of this Part 1 which shall be found to have been violated shall constitute a separate offense.