[HISTORY: Adopted by the Board of Supervisors
of the Township of Hellam 5-25-2004 by Ord. No. 2004-4. Amendments noted where
applicable.]
The Township of Hellam hereby elects to administer
and enforce the provisions of the Pennsylvania Construction Code Act
of 1999 (72 P.S. § 7210.101 through 7210.1103), as amended
from time to time, and its regulations as promulgated.
The Uniform Construction Code, (hereinafter
referred to as "the Code" or "UCC") contained in 34 Pa. Code, Chapters
401 through 405, as may be amended from time to time, is hereby adopted
and incorporated herein by reference as the municipal building code
of the Township of Hellam.
Administration and enforcement of the Code within
the Township of Hellam shall be undertaken in any of the following
ways as determined by the Board of Supervisors of the Township of
Hellam by ordinance or resolution:
A.
By the designation of an employee of the municipality
to serve as the municipal code official to act on behalf of the municipality;
or
B.
By the retention of one or more construction code
officials or third-party agencies to act on behalf of the municipality;
or
C.
By agreement with one or more other municipalities
for the joint administration and enforcement of this Act through an
intermunicipal agreement; or
D.
By entering into a contract with another municipality
for the administration and enforcement of this Act on behalf of this
municipality; or
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.
The Township of Hellam shall establish a Board
of Appeals as required by Section 501(c) of the Act, either by resolution
of the municipality or, in the case of joint administration with other
municipalities, by joint action of the participating municipalities
as set forth in the intermunicipal agreement, or by participation
in a county board of appeals.
At the time of application for a building permit
the applicant shall pay an appropriate fee. A schedule of said fees
shall be established by resolution as adopted by the Board of Supervisors
of the Township of Hellam. The Board of Supervisors may from time
to time review the fee schedule and revise the schedule whenever it
is felt necessary. All revisions of the fee schedule shall be made
by resolution.[1] All fees for permits and inspections required by the UCC
and this chapter and all other ordinances shall be paid before the
issuance of a use and occupancy certificate.
[1]
Editor's Note: Current Fee Schedule is on file in the Township
offices.
Nothing in this chapter herein adopted shall
be construed to affect any suit, or proceedings now pending in any
court, or any rights acquired or liability incurred, or in any cause
or causes of action accrued or existing under any act or ordinance
repealed hereby. No right or remedy of any character shall not be
lost, impaired or affected by this chapter.
A.
The Building Permit Section, Section 701, of Ordinance
No. 1996-8,[1] as amended by Ordinance No. 1997-7, of the Township of
Hellam, 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.
[1]
Editor's Note: Ord. No. 1996-8 was a former Zoning Ordinance,
which was superseded by Ord. No. 2003-05.
B.
All other ordinances, regulations and policies of
the Township of Hellam not governed by the Code shall remain in full
force and effect, and any permits required by other borough ordinances,
or state or federal statutes or regulations, which are not superseded
by the Code, including but not limited to zoning, sewage, highway
or NPDES permits, as applicable, shall continue to be required.
C.
It is the intent of this chapter that, by adopting
the UCC, the Township adopts all building or other codes which have
been adopted and mandated by the UCC, including but not limited to
the International Fuel Gas Code, and as the UCC 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.
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 Chapter 490, Zoning. No inspection or permit shall be conducted or issued under either this chapter or Chapter 490, Zoning, 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 coordination the inspections and the issuance of the required permits within the time set by the Code and Chapter 490, Zoning.
Any owner or person, as those terms are defined
in the UCC who or which shall violate any of the provisions of this
chapter or of the UCC, or shall fail to comply with any of the requirements
thereof, or who shall erect, construct, alter or repair, demolish
a building or structure in violation of an approved plan or directive
of the Code Official or of a permit or certificate issued under the
provisions of the Code shall, upon conviction thereof, pay a fine
of not more than $1,000, plus all costs of prosecution which may be
collected as provided by law; or by imprisonment to the extent allowed
by law for summary offenses, or both such fine and imprisonment. Each
day that a violation continues shall be deemed a separate offense,
and each separate violation of this chapter or the UCC shall be considered
a separate violation.
