Township of Penn, PA
York County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of Penn Township 6-21-2004 by Ord. No. 612 (Ch. 67 of the 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 100.
Building permits — See Ch. 105.
Fire prevention — See Ch. 160.
Floodplain management — See Ch. 166.
Mobile homes — See Ch. 200.
Plumbing — See Ch. 218.
Property maintenance — See Ch. 225.
Subdivision of land — See Ch. 280.
Zoning — See Ch. 325.
A. 
Penn 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, 34 Pa. Code, Chapters 401 to 405.
B. 
The Uniform Construction Code (UCC) is hereby adopted and incorporated herein by reference as the Township Building Code.
Administration and enforcement of the code within this Township shall be undertaken in any of the following ways, as determined by the Board of Commissioners of Penn Township from time to time by resolution:
A. 
By the designation of an employee of the Township to serve as the municipal code official to act on behalf of the Township for administration and enforcement of the code.
B. 
By the retention of one or more construction code officials or third-party agencies to act on behalf of the Township for administration and enforcement of the code.
C. 
By agreement with one or more other municipalities for the joint administration and enforcement of this Act through intermunicipal agreement under 53 Pa.C.S.A. Ch. 23, Subchapter A (relating to intergovernmental cooperation).
D. 
By entering into a contract with the proper authorities of another municipality for the administration and enforcement of this Act on behalf of this Township. When such contract has been entered into, the municipal code official shall have all powers and authority conferred by law in the municipality which has contracted to secure such services.
E. 
By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan reviews, inspections and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous-use structures.
A board of appeals shall be established by the Board of Commissioners of Penn 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. The board of appeals may be established by joint action of the Township and other participating municipalities as provided by law. If at any time enforcement and administration is undertaken jointly with one or more other municipalities, said board of appeals shall be established by joint action of the participating municipalities.
A. 
The Penn Township Building Code Ordinance No. 539-98, together with any amendments, is hereby repealed for all buildings for which permits are issued after the effective date of this chapter. It shall remain in full force and effect for any improvements for which complete permit applications were filed before the effective date of this chapter.
B. 
The Penn Township Building Permit Ordinance No. 190-75, together with any amendments, is hereby repealed for all buildings for which permits are issued after the effective date of the chapter. It shall remain in full force and effect for any permits for which complete applications were filed before the effective date of this chapter.
C. 
All building code ordinances or portions of ordinances which were adopted by this Township on or before July 1, 1999, and which equal or exceed the requirements of the code, shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the code, as amended from time to time, at which time the provisions of such ordinances shall be amended to provide for the minimum requirements of the regulations promulgated under the code.
D. 
All building code ordinances or portions of ordinances which are in effect as of the effective date of this chapter, and whose requirements are less then the minimum requirements of the code, are hereby amended to conform to the comparable provisions of the code.
E. 
All relevant ordinances, regulations and policies of this Township not governed by the code shall remain in full force and effect, and any permits required by the Township ordinances or state or federal statutes or regulations which are not superseded by the code, including but not limited to zoning, driveway, sewage, highway or NPDES permits, as applicable, shall continue to be required.
It is the intent of this chapter that, by adopting the code, the Township adopts all building or other codes which have been adopted and mandated by the UCC, including but not limited to: the provisions of Chapters 2 through 29 and 31 through 35 of the International Building Code; the ICC Electrical Code; the International Mechanical Code; the International Fuel Gas Code; the International Plumbing Code; the International Residential Code; the International Fire Code; the International Energy Conservation Code; Sections AE501 through AE503 and AE601 through AE605 of Appendix E of the International Residential Code; the International Existing Building Code; the International Urban-Wildland Interface Code; Appendixes E and H of the International Building Code; Appendix G of the International Residential Code, and, as the code 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 chapter.
Fee assessable by the Township for the administration and enforcement undertaken pursuant to this chapter and the code and time periods for payment of the fees shall be established by the Board of Commissioners by resolution from time to time.
Final inspections and occupancy certificates as required under or issued in conjunction with the code 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. No inspection or permit shall be conducted or issued under either this chapter or the Zoning Ordinance 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 code and the Township's Zoning Ordinance.
Any owner or person, as those terms are defined in the code, who violates or permits the violation of any provision of this chapter or the code shall commit a summary criminal offense and, upon conviction by a Magisterial District Judge, shall be subject to a fine of up to $1,000 plus costs and imprisonment to the extent allowed by law for summary offenses for each violation. Each day of a violation and each separate violation of the chapter or the code shall be considered a separate violation.