[HISTORY: Adopted by the Board of Supervisors of the Township of Hanover 4-27-2004 by Ord. No. 04-07; amended in its entirety 1-24-2012 by Ord. No. 12-01.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Construction standards — See Ch. 67.
Floodplain management — See Ch. 86.
Impact fees — See Ch. 102.
Sewers — See Ch. 140.
Stormwater management — See Ch. 152.
Subdivision and land development — See Ch. 159.
Zoning — See Ch. 185.
[1]
Editor’s Note: This ordinance also specifically repealed Ord. No. 09-17 which amended former Ch. 53.
This chapter shall be known as the "Hanover Township Construction Code."
Pursuant to the authority given by the Pennsylvania Construction Code Act, Act 45 of 1999 (the "Act"), it is hereby adopted, to be effective within the Township of Hanover, Northampton County, Pennsylvania, the Uniform Construction Code contained in 34 Pa. Code, Chapters 401 to 405 as amended from time to time (the "PA U.C.C.").
In order to complete this chapter, the following information shall be inserted in the International Building Code/2009:
A. 
Insert "Township of Hanover" at the following location: first line, Section 101.1 (Page 1).
B. 
Add Section 104.7.1:
104.7.1 Reports. The Building Code Official shall submit to the Hanover Township Board of Supervisors a monthly report listing permits issued, and the valuation of the respective intended improvements. He or she shall submit to the Hanover Township Board of Supervisors, prior to the 10th of January of each year, an annual report fully descriptive of the work done by his office during the preceding year.
C. 
Replace Section 109.3 as follows:
109.3 Construction costs. The Building Code Official may require an estimate of the construction costs to be submitted, in writing, by the applicant, upon application for a building permit. Such estimate is to be in sufficient detail, as determined by the Building Code Official, to confirm the accuracy of the estimated total construction cost.
D. 
Change Section 105.5 (Page 5) to read:
105.5 Time limit of permit. A properly issued building permit shall be valid and applicable for a period of one year from the date of its issuance, and shall thereafter automatically expire and be of no force and effect, unless construction (as hereinafter defined) shall be commenced.
Within the period of the pendency of a valid permit, the original applicant may, for cause shown, appeal to Hanover Township, at a regular or special meeting of the Board of Supervisors, for an extension of the expiration date of the permit. The Board of Supervisors of Hanover Township may, at its sole discretion, for cause shown, by recognizing a hardship condition, extend the expiration date by a majority vote unconditionally or upon such additional conditions as said Supervisors shall impose, for a period not to exceed six months from the expiration date. No permit shall be extended for longer than one six-month period, and all provisions herein shall be applicable if an extension is given; however, the new expiration date shall become the "expiration date" as used herein.
"Construction" as used herein shall mean the visible excavation of the foundation of the building for which permission has been given pursuant to the plan submitted, and shall neither include grading, engineering, surveying, financing arrangements, nor any other act which shall have or may have been undertaken in reliance of the building permit.
E. 
Change Section 109.2 (Page 7) to read:
109.2 Approved building fees for each plan examination, building permit and inspection shall be in accordance with the current resolution, as resolved and enacted by the Board of Supervisors of Hanover Township, Northampton County, Commonwealth of Pennsylvania.
F. 
Change Section 109.6 (Page 8) to read:
109.6 Refunds. Within six months after the expiration date of a permit, where such permit is not in force, where no work has been performed and where no inspection is necessary, the original applicant for such permit may apply, in writing, to the Secretary-Treasurer of Hanover Township for a refund. Such refund shall be paid forthwith, after approval of the Board of Supervisors at a regular or special meeting, showing the original applicant as payee. Such refund shall be 75% of the application fee less any plan review expenses incurred by Hanover Township. In the event application for such refund is not made in writing as above, within the application period, the entire fee shall be forfeited.
G. 
Replace Section 109.7:
109.7 Fee receipt. All fees paid shall be described and tabulated on the permit from or by separate receipt with date, permit number covered by such fees, and Hanover Township representative's signature acknowledging receipt of the required fees.
H. 
Add Section 113.1.1 (Page 9):
113.1.1 Membership of Board. The Board of Appeals shall consist of five members, each appointed for a term of one year by the Board of Supervisors of Hanover Township.
I. 
Add Section 113.1.2:
113.1.2 Compensation. The members of the Board of Appeals shall not be compensated for services.
J. 
Delete Section 113.4 (Page 10) Violation Penalties, in its entirety.
K. 
Change Section 115.3 (Page 10) to read:
115.3 Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be considered in violation of this chapter.
L. 
Change Section 1612.3 to insert "Hanover Township, Northampton County, Pennsylvania" and "April 6, 2001" for the Official Flood Insurance Study References (Effective April 6, 2001 — Flood Insurance Study established flood hazard date for the Commonwealth of Pennsylvania and specifically for all jurisdictions in Northampton County as provided by the Federal Emergency Management Agency.)
M. 
Add to Section 1809.5 (2009 IBC, Page 402), Frost Protection: "The frost line in the Township of Hanover shall be 36 inches below finished grade line."
N. 
Add Section 1811.1 (Page 416) to read:
1811.1 Sinkholes. If a sinkhole, settlement, washout, or other soil failure occurs at, under or within 15 feet of any foundation or footing which, in the opinion of the Building Code Official, may cause a danger to the public safety of the occupants, the Building Code Official may require the owner to submit plans and specifications prepared by a professional engineer or the proposed method for correcting the soil failure problem. The Building Code Official shall withhold issuance of building or occupancy permits until the failure is corrected in accordance with the submitted plans and specifications. If the building is occupied at the time of soil failure, the Building Code Official may order the building to be vacated in accordance with Sections 110.5 and 115.
O. 
Change the following sections in Chapter 31, Section 3107, Signs:
(1) 
Add Section 3107.2 (Page 652):
3107.2 Zoning Ordinance. Where more restrictive, the limitations of Chapter 185, Zoning, shall take precedence over the regulations of this Code.
In order to complete said chapter, the following information shall be inserted in the International Plumbing Code/2009 as adopted by the PA U.C.C.
A. 
Insert "Township of Hanover" in the second line of Section 101.1 (Page 1).
B. 
Add Section 104.7.1 (Page 2) to read:
104.7.1 Reports. The Building Code Official shall submit to the Hanover Township Board of Supervisors a monthly report listing permits issued. He or she shall submit to the Township Board of Supervisors prior to the 10th of January of each year an annual report fully descriptive of the work done by his or her office during the preceding year.
C. 
Change Section 106.5.3 (Page 4) to read:
106.5 Time limit of permit. A properly issued plumbing permit shall be valid and applicable for a period of one year from the date of its issuance, and shall thereafter automatically expire and be of no force and effect, unless plumbing installation shall be commenced. Within the period of the pendency of valid permit, the original applicant may, for cause shown, appeal to the Board of Supervisors of Hanover Township, at a regular or special meeting of the Board of Supervisors of Hanover Township, for an extension date of the permit. The Board of Supervisors of Hanover Township may, in its sole discretion, for cause shown by recognizing a hardship condition, extend the expiration date by majority vote unconditionally, or upon such additional conditions as said Supervisors shall impose, for a period of six months from the expiration date. No permit shall be extended for longer than one six-month period, all provisions herein shall be applicable if an extension is given; however, the new expiration date shall become the "expiration date," as used herein.
D. 
Change Section 106.6.3, Refunds, to read as follows:
106.6.3 Refunds. Within six months after the expiration date of a permit, where such permit is not in force, where no work has been performed and where no inspection is necessary, the original applicant for such permit may apply, in writing, to the Secretary-Treasurer of Hanover Township for a refund. Such refund shall be paid forthwith, after approval of the Board of Supervisors at a regular or special meeting showing the original applicant as payee. Such refund shall be 75% of the application fee, except as hereinafter provided. Twenty-five percent thereof shall be retained by Hanover Township; however, in no event shall the amount retained by Hanover Township be less than $25, in which event the balance, if any, in excess, even though less than 25% of the application fee, shall be returned to the original applicant. In the event application for such refund is not made in writing as above, within the application period, the entire fee shall be forfeited. There shall be no affirmative duty on the part of Hanover Township to give any notice or refund, or notice regarding the expiration of any permit, whether extended or not.
E. 
Change Section 106.6.2 (Page 5) to read:
106.6.2 Fee Schedule. Plumbing fees shall be in accordance with an ordinance enacted by the Board of Supervisors of Hanover Township, Northampton County.
F. 
Delete Section 108.4 (Page 6), Violation Penalties, in its entirety.
G. 
Add Section 111, Abandonment:
111.1 General. Should any on-lot well or sewage disposal system remain out of service for a period of three years or more or be replaced by an alternative system, the same shall be rendered abandoned and made safe as set forth in this section.
111.2 Wells. All abandoned wells must be filled and sealed by a PaDCNR licensed water well driller according to the PaDEP/DCNR Water Well Abandonment Guidelines. A copy of the PaDEP/DCNR Water Well Abandonment Form shall be submitted to Hanover Township within 30 days of abandonment.
111.3 Sewage disposal systems. It shall be the responsibility of the owner(s) to properly render safe and nuisance free any individual or community on-lot sewage system which has been taken out of service by replacement with another on-lot sewage system or retaining tank. Components such as treatment tanks, holding tanks, privies, pump chambers, seepage pits, and cesspools must be pumped out by a licensed sewage hauler, collapsed and back filled with clean fill material.
111.4 Other tanks. Where tanks were used to store flammable liquids, the liquids shall be removed from the tank and connecting lines, suction, inlet gauge and vent lines shall be disconnected, tank and all pipe lines connected thereto shall be completely filled with liquid concrete and all exposed tank inlets and outlets shall be capped tightly.
H. 
Insert "18 inches" in the second and fifth lines of Section 305.6.1 (Page 18).
I. 
Change Section 1002.6 (Page 73) to read:
1002.6 Building traps. Building (house) traps shall be provided, except where connected to an on-lot sewage treatment facility. Each building trap shall be provided with a cleanout and with a relief vent or fresh air intake on the inlet side of the trap. The size of the relief vent or fresh air intakes shall not be less than 1/2 the diameter of the drain to which it connects. Such relief vent or fresh air intake shall be carried above grade and terminate in a screened outlet located outside the building.
In order to complete said chapter, the following information shall be inserted in the International Mechanical Code/2009:
A. 
Insert "Township of Hanover" in the second line of Section 101.1 (Page 1).
B. 
Add to Section 103.2 (Page 2): "The Building Code Official maintaining the appropriate U.C.C. certifications shall be the Building Code Official."
C. 
Add to Section 106.1: "In addition, it is noted a permit shall be required for the installation of any permanently installed heating or air-conditioning system and of any factory-built fireplace stove consisting of a freestanding fire chamber."
D. 
Change Section 106.5.2 Fee Schedule (Page 4) to read: "The fee for a permit shall be in accordance with an Ordinance enacted by the Board of Supervisors of Hanover Township, Northampton County."
E. 
Delete Section 108.4 Violation Penalties in its entirety.
F. 
Change Section 108.5 (Pages 5 and 6) Stop-Work Order to read (last sentence of section): "Any person who shall continue any work in or about the structure after having been served with a stop-work order, except such work as that person is directed to perform, to remove a violation or unsafe conditions, shall be considered in violation of this chapter."
In order to complete said chapter, the following information shall be inserted in the International Residential Code for One- and Two-Family Dwellings/2009.
A. 
Change Section R108.2 to read: "Permit fees and plan review.Building permit fees and plan reviews shall be required in accordance with the International Residential Code for One- and Two-Family Dwellings/2009, and this chapter in accordance with an ordinance enacted by the Board of Supervisors of Hanover Township, Northampton County."
B. 
Add the following section to read:
R-112.5 Right of appeal. All persons shall have the right to appeal the Building Code Official's decision to the Board of Appeals.
C. 
Add Section R303.9:
R303.9 Radon control methods. Hanover Township hereby adopts Appendix F of the International Residential Code, 2009.
A. 
Hanover Township, Northampton County, Pennsylvania (the "Township") hereby elects to administer and enforce the provisions of the PA U.C.C. as required by the Act.
B. 
The administration and enforcement of the Code within the Township shall be undertaken in any of the following ways as determined by the Board of Supervisors of Hanover Township from time to time by resolution;
(1) 
By the designation of an employee of the Township to serve as Municipal Code Official to act on behalf of the Township;
(2) 
By the retention of one or more construction code official or third party agencies to act on behalf of the Township;
C. 
Stop-work order.
(1) 
The Code Official, as determined pursuant to § 65-3, may issue a written stop-work order when the Code Official determines that construction violates the Code or is being performed in a dangerous or unsafe manner. The stop-work order shall contain the reasons for the order and list the required conditions for construction to resume.
(2) 
The Code Official shall serve the stop-work order on the permit owner or the owner's agent by certified mail or personal service.
(3) 
A person who continues construction after service of a stop-work order, except for construction work that is necessary to remove a violation or unsafe condition, shall be subject to the penalties under Section 903 of the Act and § 65-8 herein. The Code Official may seek enforcement of a stop-work order in a court of competent jurisdiction.
D. 
Penalties.
(1) 
Any person who violates any provision of the Act commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $1,000 plus costs, including those set forth pursuant to § 65-6.
(2) 
Each day that a violation of the Act continues shall be considered a separate violation.
The Township hereby establishes a Board of Appeals pursuant to the provisions of the Act and the PA U.C.C. The Board of Supervisors of Hanover Township shall from time to time, by resolution, appoint members to the Board of Appeals as required by the PA U.C.C. If at any time enforcement and administration is undertaken jointly with one or more other municipalities, the Board of Appeals shall be established by joint action of such participating municipalities.
A. 
All building code ordinances or portions of ordinances which were adopted by Hanover Township on or before July 1, 1999, and which equal or exceed the requirements of the Act shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the Act, as amended from time to time.
B. 
All building code ordinances or portions of ordinances of Hanover Township which are in effect as of the effective date of this chapter and which requirements are less than the minimum requirements of the Act are hereby amended to conform with the comparable provisions of the Act and the Code.
All relevant fees and costs assessable by Hanover Township for the administration and enforcement undertaken pursuant to this chapter, the Code or the Act shall be established by resolution of the Board of Supervisors from time to time.
If any section, clause, provision, or portion of this chapter or regulation incorporated herein shall be held to be invalid or unconstitutional by any Court of competent jurisdiction, such decision shall not affect any other section, clause, provision, or portion of this chapter or regulation.
All ordinances and parts of ordinances inconsistent herewith be and same are hereby amended and specifically Chapter 53 of Ordinance No. 02-01.
This chapter and the Code and regulations adopted herewith, shall become effective five days after the adoption of this chapter.