Dingman Township
                           Pike County, PA        

 


                      

Legal Notice:  While every attempt has been made to be as accurate as possible, the material found on these pages represents an unofficial copy of the Dingman Township Building Ordinance.  When in conflict, the original signed official documents kept in the Township Building shall prevail.  Persons relying on this version shall do so at their own risk.

Building Ordinance

 

ORDINANCE NO: __02-2004__

 

WHEREAS, the purpose of this ordinance is to promote the general health, safety and welfare of the citizens of Dingman 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.     Dingman 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.     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 Dingman Township.

3.     Administration and enforcement of the Code within Dingman Township shall be undertaken in any of the following ways as determined by the governing body of this Municipality from time to time by resolution:

a. By the designation of an employee of the Township to serve as the municipal code official to act on behalf of the Municipality;

b. By the retention of one or more construction code officials or third-party agencies to act on behalf of the Municipality;

c. By agreement with one or more other municipalities 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 this Municipality;

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.

4.     A Board of Appeals shall be established by resolution of the governing body of this Municipality in conformity with the requirement 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.

5.a.  All building code ordinances or portions of ordinances which were adopted by this Municipality 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 with the comparable provisions of the Code.

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

6.     The Board of Supervisors reserves the power to establish policies and procedures for the implementation of this Ordinance from time to time as it deems appropriate.

7.     Fees assessable by the Municipality 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.

8.     This ordinance shall be effective beginning on JULY 1, 2004.

9.     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.

10.   Changes to State Provisions

Definitions:

Utility & Miscellaneous Use Structures: Buildings or structures (attached or detached) of an accessory character and miscellaneous structures not classified by the Building Officials and Code Administrators International, Inc. in any specific use group, that is less than 200 square feet in building area.

i. The term shall not include swimming pools or spas.

ii. The alteration, expansion, or connection of two or more Utility and Misc. Use structures that result in a total combined building area of 200 square feet or more shall result in the structure no longer qualifying as a Utility & Misc. Use Structure.

                    Section 106      Violations and Penalties

106.1    Unlawful action.   It shall be unlawful for any person, firm or corporation whether as owner, lessee, sub-lessee, agent, contractor or subcontractor or occupant to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy or maintain any building and their accessory structures in the jurisdiction or cause or permit the same to be done, contrary to or in violation of any of the other provisions of this code.

106.2    Violations.    It is hereby declared that any violation of this code constitutes a public nuisance, and in addition to any other remedies provided by this code for its enforcement, the township may bring civil suit to enjoin the violation of any of the provisions of this code.

106.3    Partial invalidity.    If for any reason any one or more sections, sentence clauses or parts of this code are held invalid, such judgment shall not affect, impair or invalidate the remaining provisions.

106.4    Penalty.    Any person, firm or corporation violating any of the provisions of this code shall upon conviction be sentenced to pay a fine and not more than One Thousand ($1,000.00) Dollars.  In default of payment of the fine, such persons, members of firms shall be liable to imprisonment for not more than sixty (60) days.

 

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