[HISTORY: Adopted by the Board of Supervisors
of the Township of White as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Department of Code Enforcement — See Ch. 12.
Assessment permits — See Ch. 92.
Floodplain management — See Ch. 149.
Furnaces, outdoor — See Ch. 152.
Property maintenance — See Ch. 210.
Rental property — See Ch. 221.
Sewers and sewage disposal — See Ch. 235.
Subdivision and land development — See Ch. 275.
Water — See Ch. 311.
Article I Multifamily and Commercial Structures
§ 120-1 Statutory authority.
§ 120-2 Adoption of codes.
§ 120-3 Applicability.
§ 120-4 Definitions.
§ 120-5 Building Inspector.
§ 120-6 Code modifications.
§ 120-7 Fees.
§ 120-8 Certificate of occupancy.
§ 120-9 Plan submittal.
§ 120-10 Conflict with other regulations.
§ 120-11 Access for inspections and investigations.
§ 120-12 Construction Code Appeals Board.
§ 120-13 Enforcement; violations and penalties.
Article II Uniform Construction Codes
§ 120-14 Election to administer and enforce.
§ 120-15 Adoption and incorporation.
§ 120-16 Methods of administration and enforcement.
§ 120-17 Board of Appeals.
§ 120-18 Effect on other ordinances.
§ 120-19 Fees.
§ 120-20 Right of entry for inspections and investigations.
[Adopted 4-23-2003 by Ord. No. 984]
§ 120-1 Statutory authority.
This article is adopted under authority of § 1517
of the Second Class Township Code, as amended.
§ 120-2 Adoption of codes.
The White Township Board of Supervisors do hereby
adopt as the White Township Multifamily and Commercial Construction
Code the 2000 International Residential Code, the 2000 International
Building Code, the 2000 International Plumbing Code, the 2000 International
Mechanical Code, and the 2002 National Electrical Code (including
codes incorporated by reference therein), as amended from time to
time.
§ 120-3 Applicability.
[Amended 5-14-2003 by Ord. No. 984A]
A.
This article
shall apply to the construction, erection, fabrication, enlargement,
alteration, maintenance, repair, and electrical and plumbing installations
of all multifamily and commercial structures, and structures accessory
thereto, that are undertaken after the effective date of this article.
B.
This article
shall exclude and shall not apply to:
(1)
New
multifamily and commercial buildings or renovations to existing multifamily
and commercial buildings for which an application for a building permit
was made to White Township before June 1, 2003;
(2)
New
multifamily and commercial buildings or renovations to existing multifamily
and commercial buildings on which a contract for design or construction
was signed before June 1, 2003, provided that a building permit has
been issued and construction of the same shall commence before June
1, 2004; and
(3)
Any
agricultural buildings.
C.
Building
permits issued prior to June 1, 2003, shall remain valid and the construction
of the building or structure may be completed in accordance with the
approved permit, provided the construction commences within six months
of the issuance date and is completed within two years of the issuance
date. The permit holder shall acquire a new permit complying with
the terms of this article if the permit is not actively prosecuted
during this time period. Further, the legal occupancy of a structure
existing on June 1, 2003, may continue without change except where
the codes provide otherwise.
§ 120-4 Definitions.
As used in this article, the following terms
shall have the meanings indicated:
- AGRICULTURAL BUILDING
- A structure utilized to store farm implements, hay, feed, grain, or other agricultural or horticultural products or to house poultry, livestock or other farm animals. The term shall not include habitable space, spaces in which agricultural products are processed, treated or packaged and shall not be construed to mean a place of occupancy by the general public.
- BUILDING INSPECTOR
- An individual or agency employed by the White Township Board of Supervisors who manages, supervises and/or administers building enforcement activities.
- CODES
- The 2000 International Residential Code, the 2000 International Building Code, the 2000 International Plumbing Code, the 2000 International Mechanical Code, and the 2002 National Electrical Code; or the most current edition of the above-referenced code.
- COMMERCIAL STRUCTURE
- A building, structure or facility that is not a residential building.
- MULTIFAMILY STRUCTURE
- A building or group of buildings containing three or more living units, to include multiple single-family dwellings (townhouses) with separate means of egress, regardless of building's height or number of stories, but it shall not include detached one- and two-family dwellings.
- STOP-WORK ORDER
- A directive by the Township or the Building Inspector to cease construction activity of a construction project.
§ 120-5 Building Inspector.
The Township Supervisors may, by motion, appoint
a Building Inspector and Deputy Building Inspector(s), to administer
this article. Said Building Inspector(s) shall be empowered with the
authority to enforce all provisions of this article and the codes
being herein adopted by the Township.
§ 120-6 Code modifications.
The Township Supervisors may, from time to time,
by resolution, adopt, change, alter or amend various articles or sections
or chapters of the 2000 International Residential Code, the 2000 International
Building Code, the 2000 International Plumbing Code, the 2000 International
Mechanical Code, and the 2002 National Electrical Code, as the Township
Supervisors deem appropriate or necessary for the administration of
this article and the health, safety and welfare of its residents.
§ 120-7 Fees.
The Township Supervisors may, from time to time,
by resolution, adopt, change alter, or amend fees for any permits,
services, certificates, or inspections authorized by this article.
The owner of any property for which a permit is required, along with
the applicant for said permit, shall both be liable to the Township
for any such fees for permits and inspections.
§ 120-8 Certificate of occupancy.
No multifamily or commercial structure shall
be occupied until a certificate of occupancy is issued by the Building
Inspector. No such certificate of occupancy shall be issued until
all inspections as required by this article, or the codes adopted
herein, have been completed and all associated fees have been paid
to the Township.
§ 120-9 Plan submittal.
The property owner or permit applicant shall
be required to submit a plan, prepared in accordance with the requirements
of the herein adopted codes, showing the improvements requested. Said
plans shall be for information purposes only for the Township, and
the issuance of any permit after such submission does not constitute
approval of any plan so submitted, which plans are deemed to be solely
for the purpose of assisting the Township during inspections, and
review of the application.
§ 120-10 Conflict with other regulations.
In the event that any other law or ordinance
of the Township, state or federal governments provides for a stricter
standard than provided in this article or the codes adopted herein,
the stricter standard shall apply.
§ 120-11 Access for inspections and investigations.
The Building Inspector, or his authorized representative,
is hereby authorized to enter upon private property at all reasonable
times for the purpose of conducting inspections and investigations
to assure compliance with this article or the codes adopted herein.
§ 120-12 Construction Code Appeals Board.
The White Township Supervisors hereby create the White Township Construction Code Appeals Board. Said appeals board shall be established in accordance with the 2000 International Building Code, "Chapter 1, Section 112 — Board of Appeals." The Board of Appeals shall have five members and two alternate members. Further, the White Township Supervisors hereby adopt Appendix B of the 2000 International Building Code by reference, except that "Section B101.2.2 — Qualifications," shall not be adopted. Qualifications of the appeals board membership shall comply with "Chapter 1, Section 112.3 — Qualifications," of the 2000 International Building Code.
§ 120-13 Enforcement; violations and penalties.
The Township shall respond to violations of
this article as follows:
A.
If at any time the Building Inspector determines that
a property owner, contractor, permit applicant, or any other person
connected with the construction, installation, or renovation has violated
any provision of this article, or standards established by the codes
or any amendments thereto, the said Building Inspector shall have
the right to suspend any permit issued, issue a stop-work order, deny
an occupancy permit, and/or refuse to permit any further construction
or installation. The Building Inspector shall have all the rights
provided for in the codes adopted hereunder.
B.
In the event of a violation of any provisions of this
article, no certificate of occupancy shall be issued for any such
structure determined to be in violation by the Building Inspector,
and no such structure shall be occupied by any person until such violation
is abated.
C.
The Township may proceed with an action at law and/or
in equity to enforce the provisions of this article, and the proceeding
with legal action shall not prohibit the Township from seeking to
impose other penalties prescribed by this ordinance nor from suspending
construction or issuing a stop-work order as provided for in this
article.
D.
In addition to or separate from the actions set forth in Subsections A through C above, any person violating this article, or any part thereof, may be charged with a summary offense and shall, upon conviction before a Magisterial District Judge or other Court of the Commonwealth of Pennsylvania, pay a fine of not more than $1,000, and in default of the payment of such fine, shall be imprisoned as permitted or provided for in the enforcement of summary offenses. Each day a violation continues shall be deemed to be a separate offense and shall be subject, in all respects, to the same penalties as the first offense, and separate proceedings may be instituted and separate penalties imposed for each day's offense.
[Adopted 3-24-2004 by Ord. No. 993]
§ 120-14 Election to administer and enforce.
White Township hereby elects to administer and
enforce the provisions of the Pennsylvania Construction Code, Act
45 of 1999, 35 P.S. §§ 7210.101 through 7210.1103,
as amended from time to time, and its regulations.
§ 120-15 Adoption and incorporation.
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 White Township.
§ 120-16 Methods of administration and enforcement.
Administration and enforcement of the code within
White Township shall be undertaken in any of the following ways as
determined by the White Township Board of Supervisors from time to
time by resolution:
A.
By the designation of an employee of White Township
to serve as the municipal code official to act on behalf of White
Township;
B.
By the retention of one or more construction code
officials or third-party agencies to act on behalf of White Township;
C.
By agreement with one or more other municipality 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 White
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.
§ 120-17 Board of Appeals.
The White Township Construction Code Appeals Board, created by § 120-12 on April 23, 2003, as amended, is hereby recognized and reestablished as the White Township Construction Code Board of Appeals which shall continue its duties uninterrupted and 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 Construction Code Board of Appeals shall be established by joint action of the participating municipalities.
§ 120-18 Effect on other ordinances.
With regard to any previously established ordinances,
regulations, or policies relating to construction codes:
A.
All building code ordinances or portions of ordinances
which were adopted by White Township on or before July 1, 1999, and
which equal or exceed the requirements of the code shall continue
in full force and effect until such time as such provisions fail to
equal or exceed the minimum requirements of the code, as amended from
time to time.
B.
All building code ordinances or portion 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.
C.
All relevant ordinances, regulations and policies
of White Township not governed by the code shall remain in full force
and effect.
§ 120-19 Fees.
Fees for the administration and enforcement
undertaken pursuant to this article and the code shall be established
by White Township by resolution from time to time. The owner of any
property from which a permit is required, along with the applicant
for said permit, shall both be liable to White Township for any such
fees for permits and inspections.
§ 120-20 Right of entry for inspections and investigations.
Building code officials of White Township are
herein authorized to enter upon private property at all reasonable
times for the purpose of conducting inspections and investigations
to assure compliance with this article and the codes adopted herein.