Township of Brecknock, PA
Lancaster County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Brecknock: Art. I, 7-10-1990 as Ord. No. 76. Amendments noted where applicable.]
GENERAL REFERENCES
Road construction standards — See Ch. 95, Art. III.
Zoning — See Ch. 110.
[Adopted 7-10-1990 as Ord. No. 76]
A certain document, three (3) copies of which have been and are presently on file in the office of the Secretary of the Township of Brecknock, Lancaster County, Pennsylvania, being marked and designated as "Building Officials and Code Administrators International, Inc., BOCA National Building Code/1990, Eleventh Edition," be and is adopted as the Building Code of the Township of Brecknock, controlling the design, construction, alterations, enlargements, removal, demolition, equipment, repair, conversion, use and maintenance of all buildings and structures as herein provided. Each and all of the regulations of the BOCA National Building Code/1990, Eleventh Edition, except as provided in § 40-2 of this Article, are hereby referred to, adopted and made a part hereof as if fully set forth in this Article, with the additions, insertions, deletions and changes, if any, set forth in § 40-2 of this Article.
Changes from the BOCA National Building Code/1990, Eleventh Edition, to the Building Code of the Township of Brecknock shall be as follows:
A. 
Section 100.1. Insert "Township of Brecknock, Lancaster County, Pennsylvania."
B. 
Section 103.4. Insert "July 16, 1990."
C. 
Section 109.3 shall provide as follows:
109.3 Organization: The Board of Supervisors shall appoint such other officers, technical assistants, inspectors and other employees as shall be necessary for the administration of this code.
D. 
Section 111.5 shall be amended by adding the following sentence to the existing section: "At the time of filing an application for a permit, the applicant shall present to the Code Official adequate evidence that he has obtained from all governmental authorities having jurisdiction, all permits, licenses, approvals and/or variances required in connection with the proposed use, occupancy, construction, enlargement, alteration or demolition. Such agencies shall include but not be limited to the Board of Supervisors, Sewage Enforcement Officer, Lancaster County Planning Commission, State Police Fire Marshal and the Pennsylvania Departments of Environmental Resources, Labor and Industry, and Transportation."
E. 
Section 113.5 shall provide as follows:
113.5 Change in site plan: A lot shall not be changed, increased or diminished in area from that shown on the official plot site plan, unless a revised subdivision plan has been finally approved by the agency having authority to approve subdivision and land development plans and such approved final plan has been recorded in the office of the Recorder of Deeds for Lancaster County.
F. 
Section 114.3 shall be deleted in its entirety.
G. 
Section 114.3.1 shall provide as follows:
114.3.1 Fee schedule: Applicants for permits under this code shall pay to the Township of Brecknock at the time of application the fee set forth in the then-current fee schedule which shall have been adopted by resolution or ordinance by the Board of Supervisors.[1] When a permit fee is based on the cost of construction, the valuation of the work shall be the fair market value of all the construction work. The Code Official shall evaluate the accuracy of the estimate both initially and at the final completion should changes occur as the work progresses. Other applicable fees for construction, including tapping and connection fees for water and sewer service, shall be paid prior to application for a building permit.
[1]
Editor's Note: Current fees are on file and available for public inspection in the office of the Township Manager.
H. 
Section 114.4 shall provide as follows:
114.4 Accounting: All the fees collected shall be received and accounted for by the Township Secretary. Such fees shall be deposited in the Township Treasury or otherwise handled as required by law.
I. 
Section 115.2 shall be amended by adding the following sentence to the existing section: "The permit holder is responsible for making arrangements for inspections and ensuring that required inspections have been performed by a township inspector. Construction shall not proceed until each phase of construction has been approved."
J. 
Section 117.0, Violations, shall provide as follows:
SECTION 117.0 VIOLATIONS
117.1 Unlawful acts: It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, use or occupy or permit the use or occupancy of any building or structure or equipment regulated by this code, or cause the same to be done, in conflict with or in violation of this code.
117.2 Notice of violation: The Code Official shall serve a notice of violation on any person responsible for the erection, construction, alteration, extension, repair, removal, demolition, use, permission to use, occupancy, or permission for occupancy of a building or structure or equipment in violation of the provisions of this code, or in violation of a detailed statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such notice shall order discontinuance of the illegal action or condition and the abatement of the violation.
117.3 Prosecution of violation: If the notice of violation is not complied with promptly, the Code Official shall notify the Board of Supervisors of the failure to comply and shall request the Board of Supervisors to authorize institution of summary criminal proceedings against the violator and/or authorize the Township Solicitor to institute the appropriate proceedings at law or in equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
117.4 Violation penalties: Any person who shall violate a provision of this code or who shall fail to comply with any of the requirements thereof or who shall erect, construct, alter, extend, repair, remove, demolish, use or occupy, or permit the use or occupancy of, any building or structure or equipment regulated by this code in violation of an approved plan or of a directive of the Code Official or of a permit or certificate issued under the provisions of this code or who shall permit the use, occupancy, erection, construction, alteration, extension, removal, demolition or repair of the building or structure or equipment in violation thereof shall, upon summary conviction, be liable to pay a fine or penalty of not less than one hundred dollars ($100.) nor more than one thousand dollars ($1,000.), which fines and penalties may be collected as provided by law. Each day that a violation continues shall be deemed a separate offense.
117.5 Abatement of violation: The imposition of the penalties herein prescribed shall not preclude the Township Solicitor or the Code Official from instituting appropriate action to prevent the unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises or to stop an illegal act, conduct, business or use of a building or structure on or about any premises.
K. 
Section 118.2 shall provide as follows:
118.2 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 commit a violation of this code and shall be subject to penalties or fines as provided in Section 117.4 and remedies as provided in Section 117.5.
L. 
Section 120.6 shall provide as follows:
120.6 Disregard of unsafe notices: Upon refusal or neglect of the person served with an unsafe notice to comply with the requirements of the order to abate the unsafe condition, the Township Solicitor shall be advised of all the facts and shall, upon the direction of the Board of Supervisors, institute appropriate action to compel compliance.
M. 
Section 121.5 shall provide as follows:
121.5 Costs of emergency repairs: Costs incurred in the performance of emergency work shall be paid from the Township Treasury on certificate of the Code Official. The Township Solicitor shall file a municipal claim against the property where the repairs were performed and may, upon direction of the Board of Supervisors, institute any other appropriate action against the owner of the property for the recovery of such costs.
N. 
Section 122.2.1 shall be amended by deleting the last sentence.
O. 
Section 123.0, Board of Survey, shall be deleted in its entirety.
P. 
Section 124.0, Means of Appeals, shall be deleted in its entirety. A new Section 124.0, Appeals, shall provide as follows:
SECTION 124.0 APPEALS
124.1 Appeals: An appeal from any decision of the Code Official may be taken to the Board of Supervisors. Such appeal shall be made in writing within ten (10) days after such decision has been made. The appeal shall be verified by an affidavit and shall be filed with the Township Secretary. The appellant or his representative shall have the right to appear and be heard, if such right is requested in the written appeal. A prompt decision of such appeal shall be made by the Board of Supervisors. In making a decision, the Board of Supervisors may vary or modify any provision of this code where there are practical difficulties in the way of executing the strict letter of the law so that the spirit of the law shall be observed, public safety secured and substantial justice done. Such variation or modification shall be minimum necessary in order to grant relief. Every action of the Board of Supervisors on such appeal shall be by resolution, copies of which shall be certified to the Code Official and the appellant.
Q. 
Section 311.1 shall be amended by deleting the words "sheds and agricultural buildings" and inserting the words "and sheds" in the replacement thereof in the last two (2) lines.
R. 
Section 1015.1 shall be amended by deleting the words "fire department" and inserting the words "volunteer fire company serving the Township of Brecknock, Lancaster County, Pennsylvania" in the replacement thereof each time the words "fire department" appear.[2]
[2]
Editor's Note: Former Subsection S, which dealt with Section 1020.2 of the BOCA Code, and which immediately followed this subsection, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
S. 
Section 2807.0, Private Sewage Disposal, shall be deleted in its entirety.
T. 
Section 2906.0, Bonds and Liability Insurance, shall be deleted in its entirety.
The provisions of this Article, so far as they are the same as those of ordinances and codes in force immediately prior to the enactment of this Article, are intended as a continuation of such ordinances and/or codes. Nothing in this Article shall be construed to affect any suit or proceeding pending in any court, or any rights acquired or liability incurred, or any permit issued or approval granted or any cause or causes of action, including actions to enforce any right or penalty or punish any offense under the repealed ordinance arising prior to the enactment of this Article.