All services pertaining to review and approval of construction
plans, UCC applications for permits, inspection of construction, consideration
of requests for variances or extensions of time under the UCC, administrative
enforcement of the UCC and this Part 3, issuance of a UCC certificate
of occupancy, notices to the Township's Zoning Administrator and representation
in proceedings before the Board of Appeals and, as witness(es), in
civil or criminal enforcement proceedings prosecuted by the Township
shall be performed by the building code official(s), construction
code official(s) and other persons employed or contracted by the firm
retained by the Township under written contract to provide such services.
The Township shall not perform any such services itself or through
its employees.
The Board of Supervisors, by resolution, is authorized to establish
and amend fees and deposits for services provided by the Township
in the administration of this Part 3 and matters relating to applications
submitted and permits or certificates issued pursuant to this Part
3, and is authorized to specify the time period(s) by which such fees
or deposits shall be paid. The Board of Supervisors, by resolution,
is authorized to adopt forms for use in administration and enforcement
of this Part 3 and to establish and amend rules, regulations and procedures
to implement this Part 3.
A.
Permits for approval of construction under the UCC shall be on such
form(s) as are adopted for use by the Board of Supervisors, as may
in the future be amended.
B.
Except as expressly authorized in the UCC or in the administrative
regulations governing its implementation, no construction or other
activity regulated by the UCC shall be conducted or commence without
a permit therefor first being issued.
C.
A construction permit shall be valid for a period of one year from
the date of issuance, provided that construction shall commence within
six months after the date of issuance. Upon written request and with
good cause shown prior to the deadline for commencement of construction,
the building code official, in his or her discretion, may extend the
deadline for commencement of construction for a period not exceeding
six months. Upon written request and with good cause shown prior to
expiration of a permit's term, the Board of Supervisors, in its discretion,
may extend the validity of a permit for a period not to exceed one
year.
D.
Permits, applications for permits and actions on permits pertaining
solely to repair or replacement of equipment shall be administered
as set forth at 34 Pa. Code § 403.1 et seq., as may in the
future be amended.
Fees for review and approval of construction plans, inspections,
certifications and other services by a third-party firm retained by
the Township which are required under the UCC and this Part 3 with
respect to regulated construction activity shall be as established
in contract(s) entered into between the Township and such firm(s).
Such retained firm(s) shall further be entitled to assess fees for
additional services (including meetings, additional inspections, proceedings,
copies, etc.) required or requested as to particular matters, as authorized
by resolution adopted by the Board of Supervisors.
The Board of Supervisors by resolution is authorized to require
payment by applicants of deposits to be applied to payment of fees
as incurred by the Township and/or the firm(s) retained by the Township
for performance of services required by the UCC and this Part 3. Deposit
payments in excess of final fees shall be refunded to the payor upon
issuance of the final certificate required by the retained firm(s)
or the Township, as is applicable.
A.
Deposits payable to the Township shall be held by the Treasurer in
an interest-bearing account restricted to use for payment of fees
imposed for services provided by the Township. Interest on such funds
shall be retained by the Township.
B.
Deposits payable to the firm(s) retained by the Township for performance
of duties under the UCC shall be payable to said firm(s) and shall
be retained by said firm(s) for that specific purpose. Said firm(s)
shall be obligated to account to the payor for disposition of said
sums. No application for UCC construction permit shall be accepted
unless accompanied by payment of the required deposit or fees.
All fees and deposits imposed or required by resolution adopted
by the Board of Supervisors and/or under contract with the firm(s)
retained by the Township to perform services required by the UCC and
this Part 3 shall be payable in full to the proper entity by the date(s)
set forth in such resolution(s) and contract.
A.
No application for a permit, certificate or other service to be provided
by the Township shall be accepted unless all fees and deposits required
therefor are paid with the application or other request.
B.
No application for UCC construction permit or construction plan approval
shall be accepted or referred to the retained firm(s) unless all fees
and deposits required therefor are paid with such application.
C.
If an initial deposit fund has been or soon will be exhausted, the
Township's Zoning Administrator or the retained firm(s), as the case
may be, shall have authority to require that the applicant pay one
or more additional deposits toward fees for additional services.
D.
If a fee or deposit due under this Part 3, resolution of the Board
of Supervisors or contract with retained firm(s) is not paid in full
by the date required therefor, the Township or the retained firm,
as the case may be, shall not perform any inspection, review or other
service and shall not issue any permit, report or certificate until
such time as the required fee or deposit has been paid in full.
The Board of Supervisors is authorized to enter into one or
more intermunicipal agreements with other municipalities in Erie County,
to provide for enactment of consistent ordinances implementing, administering
and enforcing the UCC and for retention by said municipalities of
one or more firm(s) to provide plan review, inspection and administrative
enforcement services required under the Act and this Part 3.
[Amended 12-19-2023 by Ord. No. 2023-10]
A joint Board of Appeals shall be established in accordance
with 35 P.S. § 7210.501(c) and administrative regulations
adopted by the Department of Labor and Industry to hear appeals from
decisions of the building code official and/or construction code official.
A.
ECATO Joint Board of Appeals. The Erie County Association of Township
Officials ("ECATO") has established a Joint Board of Appeals in accordance
with the Act, at 35 P.S. § 7210.501(c), and the Regulations,
to hear appeals form decisions of the Building Code official and the
Construction Code official. The Township has entered into an Intergovernmental
Agreement with ECATO regarding the administration of the Joint Board
of Appeals, which is attached and incorporated hereto as Appendix
B.[1] The By-Laws governing the administration of the ECATO
Joint Board of Appeals are attached and incorporated hereto as Appendix
B.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
B.
The Joint Board of Appeals may not act upon appeals, requests for
variance or requests for extension of time which relate to accessibility
under the Act. Such appeals or requests shall be filed with the Accessibility
Advisory Board under administrative regulations of the Department
of Labor and Industry.
C.
The Joint Board of Appeals may not act upon appeals, requests for
variance or requests for extension of time which relate to matters
regulated and governed by state laws and Township ordinances other
than the UCC, regulations issued pursuant to the UCC ("Regulations")
and this Chapter.
A.
Requests for variance from or for extension of time as to regulations
of the UCC shall initially be submitted to the building code or construction
code official retained by the Township, who shall make a determination
with due regard for requirements and objectives of the UCC, its Regulations
on this Chapter.
[Amended 12-19-2023 by Ord. No. 2023-10]
B.
An owner or agent of the owner may appeal from the decision of the
building code or construction code official on a request for variance
or request for extension of time or other matter subject to the UCC,
its Regulations on this Chapter by filing a petition with the building
code official or that official's designee on a form as adopted by
the Township.
[Amended 12-19-2023 by Ord. No. 2023-10]
C.
The postmark date or date of personal service shall establish the
filing date of the appeal and request for variance or extension of
time.
D.
An appeal or request for variance or extension of time to the Joint
Board of Appeals shall automatically suspend an action to enforce
an order to correct until the matter is resolved; provided, that such
appeal shall not constitute any basis for the appellant's continuation
of unlawful construction or any excuse therefor.
[Amended 12-19-2023 by Ord. No. 2023-10]
E.
An action pertaining to an unsafe building, structure or equipment
or any other matter subject to the building code official's authority
at 34 Pa. Code §§ 403.81 through 403.84 shall not be
stayed by virtue of an appeal.
F.
The Joint Board of Appeals shall decide an appeal or request for
variance or for extension of time by reviewing documents and written
brief or argument, unless the owner requests a hearing. In the event
an owner requests a hearing, the owner shall with such request pay
all additional fees therefor as are imposed by resolution of the Board
of Supervisors.
[Amended 12-19-2023 by Ord. No. 2023-10]
[Amended 12-19-2023 by Ord. No. 2023-10]
A.
The Joint Board of Appeals shall hold a hearing within 60 days after
the date of an applicant's request and payment of required fees therefor
unless the applicant has agreed in writing to an extension of time.
The Joint Board of Appeals shall notify the owner, the building code
official and the respective municipality's Zoning Administrator of
the date, time and place of the hearing.
B.
The Joint
Board of Appeals shall hold a hearing within thirty (30) days after
the date of an applicant's request and payment of required fees for
construction of a one or two family residential building, unless that
applicant has agreed in writing to an extension of time. The Joint
Board of Appeals shall notify the owner, the Building Code official,
and the Township's Zoning Administrator of the date, time, and place
of the hearing.
C.
An application for appeal shall be based on a claim that the true
intent of the UCC, its Regulations on this Chapter have been incorrectly
interpreted; that the provisions of the UCC, its Regulations on this
Chapter do not fully apply; or that an equivalent form of construction
is to be used. In considering appeals under this section [which recites
Act Section 501(c)(2)[1]], the Board of Appeals shall only consider the following
in making its decision:
(1)
Whether the true intent of the UCC, its Regulations on this Chapter
have been correctly interpreted by the building code or construction
code official.
(2)
Whether provisions of the UCC, its Regulations on this Chapter do
not apply.
(3)
Whether an equivalent form of construction is to be used.
[1]
Editor's Note: See 35 P.S. § 7210.501(c)(2).
D.
The Joint Board of Appeals may consider the following factors when
ruling upon a request for extension of time or a request for variance
from regulations:
(1)
The reasonableness of application of the UCCC, its Regulations on
this Chapter additional standards to the particular case.
(2)
The extent to which the granting of a variance or an extension of
time will pose a violation of the UCCC, its Regulations on this Chapter
or an unsafe condition.
(3)
The availability of professional or technical personnel needed to
come into compliance.
(4)
The availability of materials and equipment needed to come into compliance.
(5)
The efforts being made to come into compliance as quickly as possible.
(6)
Compensatory features that will provide an equivalent degree of protection
to the UCC, its Regulations and this Chapter.
E.
Economic cost shall not furnish justification for granting an appeal
or a variance or extension of time.
F.
In considering an appeal or a request for variance, the Joint Board
of Appeals may: deny the request in whole or in part; grant the request
in whole or in part; grant the request upon certain conditions being
satisfied; or grant other appropriate relief as necessary.
G.
The Joint Board of Appeals shall provide written notice of its decision
to the owner and the building code official. The building code official
shall provide a copy of the decision to the Township's Zoning office
within seven days after its receipt thereof.
H.
The Joint
Board of Appeals shall provide written notice of its decision to the
owner of a one- or two- family residential building and the Building
Code official within five (5) days of the date of the hearing. The
Building Code official shall provide a copy of said decision to the
Township Zoning Administrator within seven (7) days of their receipt
thereof.
The Board of Supervisors by resolution may impose fees for appeals.
Such fees shall be paid contemporaneously with submission of an appeal
petition.
A.
The firm(s) retained by the Township may by schedule approved by
the Board of Supervisors establish fees for additional services required
of it in appeals.
B.
The Board of Supervisors by resolution is authorized to establish
fees to be paid to members of the Board of Appeals for services rendered.
C.
The municipality involved in a proceeding before the Board of Appeals
shall be responsible for payment of fees due to board members for
such proceeding. Fees established for appeals may include such costs
as the Board of Supervisors deems reasonable.
A.
Any person or entity committing any act(s) prohibited herein (or
in the Uniform Construction Code as adopted by this Part 3) shall
violate this Part 3 and commit a summary offense.
B.
Each day that a violation continues shall be considered a separate
violation.
D.
A fine in an amount not more than $1,000 per violation and per day
of violation is hereby prescribed for violations of this Part 3. The
fine for violations which involve failure or refusal to comply with
orders or directives of the building code official shall be in an
amount not less than $500 and not more than $1,000 per violation and
per day of violation.
[Amended 2-8-2022 by Ord. No. 2022-2]
Actions to enforce the UCC and/or this Part 3 and actions to enjoin unlawful construction or activities or compel action to remedy violations brought in the Magisterial District Judge Court or Court of Common Pleas of Erie County shall be instituted and prosecuted in the name of the Township. The building code official retained by the Township under contract shall assume responsibility for and assist in prosecution of such actions, including but not limited to filing of complaints and providing testimonial and documentary evidence. If the Township is required to commence an action for enforcement of this Part 3 or for other relief in equity or at law as a consequence of a violation, the Township's Zoning Administrator and Solicitor are authorized to prosecute said actions, and the Township, in addition to fines for violation and other relief, shall be entitled to recover from the violator all costs and all attorney's fees incurred in the proceeding, in accordance with Section 1601(c.1)(1) of the Second Class Township Code, as may in the future be amended,[1] and other ordinances of the Township. The Township's remedies
shall be deemed to be cumulative. Election of one remedy shall not
foreclose any alternative remedy.
A.
This section is not intended to modify provisions of the administrative
regulations at 34 Pa. Code §§ 403.1 and 403.81 through
403.84, pertaining to authority of the building code official.
[1]
Editor' s Note: See 53 P.S. § 66601(c.1)(1)
Municipal code, zoning and other municipal officers or employees
charged with the civil or criminal enforcement of this code, while
acting for the municipality and within the scope of their employment,
shall not thereby be rendered liable personally, and are hereby relieved
from all personal liability for any damage accruing to persons or
property as a result of an act required or permitted in the discharge
of official duties.
Building code officials and construction code officials (including
inspectors) charged with administration and administrative enforcement
of this code, while acting for the retained firm(s) under contract
with the Township and within the scope of their employment, shall
not thereby be rendered liable personally, and are hereby relieved
from personal liability for any damage accruing to persons or property
as a result of an act required or permitted in the discharge of such
duties.
Notwithstanding the foregoing, the Township shall not be liable
for claims, actions, actions or causes of action, demands or expenses
of any nature whatsoever arising from performance of plan review,
inspection, administration, administrative enforcement, issuance of
inspection reports or UCC occupancy certificates or other matters
within the scope of duties of the firm(s) retained by the Township
for performance of such services. All contracts with firms or persons
for performance of such services shall specify that such person(s)
or firm(s) shall be independent contractors solely responsible for
the proper performance of such services, and that such retained person(s)
or firm(s) shall hold the Township harmless against and indemnify
the Township for any and all claims, actions, actions or causes of
action, demands or expenses of any nature whatsoever arising from
performance of plan review, inspection, administration, administrative
enforcement, issuance of inspection reports or UCC occupancy certificates
or other matters performed under contract with the Township.
This Part 3 is not intended and shall not be interpreted to
amend or limit the Township's authority to administer and enforce
other ordinances governing development, land use or stormwater management.
In the event of a violation of any other Township ordinance in connection
with development of land, construction or use which pertains to matters
other than construction standards governed by the UCC, the Township
shall have full authority to enforce such other ordinances without
regard to the owner's compliance with the UCC. Where authorized by
such other ordinances, the Township shall issue stop work, cease and
desist and other orders necessary to ensure compliance with other
regulations, such orders to control when in conflict with regulations
of the UCC and this Part 3.
The person(s) or firm(s) retained by the Township under contract
to provide services under the UCC and this Part 3 shall retain for
the Township and as property of the Township all documents received
and generated in performance of its duties, and shall provide to the
Zoning Administrator such reports and documents as are required in
the contract(s), these to include, at a minimum:
A.
Written certification of approval of construction plan.
B.
Copy of site plan after foundation inspection certifying location
of all buildings.
C.
Monthly report of inspections conducted.
D.
Weekly reports of building activity.
E.
Decisions of Board of Appeals pertaining to the municipality.
F.
Final inspection reports.
G.
UCC certificate of occupancy.
The building code official(s) and construction code official(s)
retained under contract with the Township shall not be obligated to
perform inspections of construction of improvements other than are
subject to the UCC and additional standards of this Part 3. Said retained
officials shall, however, provide to the Township, water and sewer
authorities and other entities responsible for regulating construction
of improvements or connections to water and sewer lines such notices
of scheduled inspections and construction status as is deemed necessary
by the Township to put such other entities on notice so that they
may inspect matters subject to their authority in timely fashion as
construction activities proceed.
