ORDINANCE No. 150

 

 

WHEREAS, the purpose of this ordinance is to promote the general health, safety and welfare of the citizens of Kennett Township and to conform to the requirements of the Pennsylvania Construction Code Act and regulations to the Act promulgated by the Pennsylvania Department of Labor and Industry (hereinafter sometimes collectively referred to as the “Code”); and

 

WHEREAS, the Pennsylvania Construction Code Act requires the enactment of an appropriate ordinance by municipalities electing to administer and enforce the building code provisions of the Code.

 

NOW, THEREFORE, it is hereby enacted and ordained as follows:

 

1. Election.  Kennett Township hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§7210.101-7210.1103, as amended from time to time, and its regulations.

 

2. Adoption of Standards.  The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401-405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of Kennett Township.

 

a. All building code ordinances or portions of ordinances which were adopted by Kennett 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 portions of ordinances which are in effect as of the effective date of this ordinance and whose requirements are less than the minimum requirements of the Code are hereby amended to conform to the comparable provisions of the Code.

 

  c. All relevant ordinances, regulations and policies of Kennett Township not governed by the Code shall remain in full force and effect.

 

3. Administration and Enforcement.  Administration and enforcement of the Code within Kennett Township shall be undertaken by the designation of a consultant to serve as the municipal code official to act on behalf of Kennett Township. 

 

 

4. Board of Appeals.  A Board of Appeals shall be established by resolution of the governing body of Kennett 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.

            Ordinance No. 150

            Page 2

 

 

 

 

5. Fees.  Fees assessable by Kennett Township for the administration and enforcement undertaken pursuant to this ordinance and the Code shall be established by the governing body by resolution from time to time.

 

6. Effective.  This ordinance shall be effective five days after the date of passage of this ordinance.

 

7. Saved Provisions.  If any section, subsection, sentence, or clause of this ordinance is held, for any reason, to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this ordinance.

 

8.  Refunds.  There shall be no refunds of any fees for any reason whatsoever once a permit has been issued without an express waiver of the Board of Supervisors.

 

9.  Complete Permit Applications.  A permit application pursuant to this Chapter shall not be considered complete and accepted by the Code Administrator unless and until all prerequisite approvals have been approved, including Zoning, Soil Erosion and Sediment Control, as applicable satisfaction of prerequisite agreements with Kennett Township and any applicable jurisdictional requirements of local, state and federal agencies.

 

DULY ENACTED AND ORDAINED this 19th day of April 2004, by the Board of Supervisors in public session duly assembled.

 

                                                                        KENNETT TOWNSHIP

                                                                        BOARD OF SUPERVISORS

 

ATTEST:

                                                                                                                                               

                                                                        Michael E. Elling

                                               

Secretary-Treasurer

                                                                                                                                               

                                                                        Thomas W. Nale, III

 

 

                                                                                                                                               

                                                                        Robert Hammaker