[HISTORY: Adopted by the Board of Supervisors
of the Township of Lower Providence as indicated in article histories.
Amendments noted where applicable.]
[Adopted 4-3-2003 by Ord. No. 479[1]]
The Township hereby adopts a certain document, three copies of which are on file in the office of the Secretary of Lower Providence Township, being marked and designated as the "International Building Code, 2000 Edition," and Appendices B, E, F, and G, as published by the International Code Council, Inc., as the Building Code of Lower Providence Township in the Commonwealth of Pennsylvania (the "International Building Code"), for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code are hereby referred to, adopted and made part hereof as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 67-3 of this article.
Sections 3 and 4 of Ordinance 103 adopted on October 23, 1967, which is codified in Chapter 67 of the Code of Lower Providence Township, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
The following sections of the International
Building Code, 2000 Edition, are hereby amended and revised as follows:
A.
Section 101.1 is amended by the insertion of "Lower
Providence Township" in the [NAME OF JURISDICTION] blank.
B.
Section 108.2 is amended to read as follows:
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Section 108.2. Fee Schedule. The
Board of Supervisors of Lower Providence Township shall adopt a schedule
of fees which shall be kept on file with the Township Secretary, and
shall be revised from time to time by resolution of the Board of Supervisors.
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C.
Section 109.7 Inspections is amended by adding new
Subsection 109.7 which to read as follows:
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Section 109.7. Fee for Missed Inspections. The Board of Supervisors shall, by resolution, impose a fee to be
paid by the permit holder when the permit holder or his or her agent
has requested the Township Building Inspector to conduct any inspection
described in this Section 109.7, and the Building Inspector is unable
to conduct such inspection at the scheduled time due to any delay
in completion of the work to be inspected cased by the permit holder
or his or her agent.
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D.
Section 113.4 Violation penalties is amended to read
as follows:
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Section 113.4. Violation penalties. Any person who shall violate a provision of this code or shall fail
to comply with any of the requirement thereof or who shall erect,
install, alter or repair mechanical work in violation of the approved
construction documents or directive of the Code Official or of a permit
or certificate issued under the provisions of this code shall be guilty
of a summary offense, punishable by a fine of not less than $100 nor
more that $1,000 per day, plus costs and attorneys' fees, and upon
default of the payment of the fine and costs, imprisonment not exceeding
30 days. Each day that a violation continues after due notice has
been served shall be deemed a separate offense.
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E.
Section 118.4, “Fee as established by Township
resolution.”
[Added 6-16-2005 by Ord. No. 526]
F.
Section 118.5, “Fees as established by Township
resolution.”
[Added 6-16-2005 by Ord. No. 526]
G.
Section 123.2, “Fee as Established by Township
resolution.”
[Added 6-16-2005 by Ord. No. 526]
Nothing in this article or in the Building Code
hereby adopted shall be construed to affect any suit or proceeding
impending in any court, rights acquired, liability incurred or cause
or causes of action acquired or existing under any ordinance; nor
shall any just or legal right or remedy of character be lost, impaired
or affected by this article.
[Amended 6-16-2005 by Ord. No. 526]
Upon application for a building permit, impact
fees shall be due and payable as established by Township resolution.
Whenever any construction, demolition, excavation
or similar activity is to be undertaken upon any property within the
Township that is served or abutted by either public sidewalk, public
curbing or both, before a building permit, demolition permit, grading
permit, excavating permit, pool permit or any other construction permit
shall be issued by the Township Codes Enforcement Department or Building
Inspection Department or other appropriate Township official, a cash
escrow in the amount of $1,000 shall be deposited with the Township,
to assure that any damage, if any, to the public street, public curb
or public sidewalk occasioned as a result of the crossing of the street,
curb or sidewalk, shall be repaired by the owners of the property
or the contractor performing the job or project.
[Adopted 4-15-2004 by Ord. No. 511[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. II, Residential Building Code, adopted 4-3-2003 by Ord.
No. 485.
Lower Providence Township hereby elects to administer
and enforce the provisions of the Pennsylvania Construction Code Act,
Act 45 of 1999, 35 P.S. §§ 7210.101 through 7210.1103,
as amended from time to time, and its regulations.
The Uniform Construction Code, contained in
34 Pa. Code, Chapters 401 through 405, as amended from time to time,
is hereby adopted and incorporated herein by reference as the municipal
building code of Lower Providence Township.
Administration and enforcement of the Code within
Lower Providence Township shall be undertaken in any of the following
ways as determined by the governing body of Lower Providence Township
from time to time by resolution:
A.
By the designation of an employee of Lower Providence
Township to serve as the municipal code official to act on behalf
of Lower Providence Township;
B.
By the retention of one or more construction code
officials or third-party agencies to act on behalf of Lower Providence
Township;
C.
By agreement with one or more other municipalities
for the joint administration and enforcement of this Act through an
intermunicipal agreement;
D.
By entering into a contract with another municipality
for the administration and enforcement of this Act on behalf of Lower
Providence 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.
A Board of Appeals shall be established by resolution
of the governing body of Lower Providence 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. 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.
All building code ordinances or portions of
ordinances which are in effect as of the effective date of this article
and whose requirements are less than the minimum requirements of the
Code are hereby amended to conform with the comparable provisions
of the Code.
The following ordinances are repealed:
All relevant ordinances, regulations and policies
of Lower Providence Township not governed by the Code shall remain
in full force and effect.
Fees assessable by Lower Providence Township
for the administration and enforcement undertaken pursuant to this
article and the Code shall be established by the governing body by
resolution from time to time.
