[HISTORY:[1] Adopted by the Borough Council of the Borough of Denver 6-18-2004 by Ord. No.
539. Amendments noted where applicable.]
[1]
Editor's Note: Ordinance No. 633, adopted 11-14-2016, ratified,
confirmed, and readopted Ord. Nos. 539 and 602.
This chapter shall be known and may be cited
as the "Denver Borough Construction Code Ordinance."
By Act 45 of 1999, the Pennsylvania Legislature
provided for the adoption of a Pennsylvania Uniform Construction Code
and directed the Department of Labor and Industry to promulgate regulations
for the Uniform Construction Code. In 2002, the Department of Labor
and Industry adopted final regulations governing certification and
training of persons to administer the Uniform Construction Code, and
on January 10, 2004, the Department issued final regulations for the
administration of the Uniform Construction Code. The Uniform Construction
Code incorporates the International Building Code/2003, the International
Residential Code/2003, the International Existing Building Code/2003,
the standards incorporated into such publications by reference, and
other publications as set forth in the L & I Regulations. Borough
Council desires to adopt and administer the Pennsylvania Uniform Construction
Code and establish administrative and enforcement regulations. In
accordance with Section 302(a) of the Pennsylvania Construction Code
Act, this chapter does not adopt the International Property Maintenance
Code and shall not be considered as a property maintenance code. All
Borough regulations governing the maintenance of properties shall
be in ordinances separate and distinct from the Denver Borough Construction
Code.
[Amended 11-27-2006 by Ord. No. 563]
The Borough hereby adopts the standards which
the Pennsylvania Department of Labor and Industry has adopted as the
Pennsylvania Uniform Construction Code identified in Section 403.21
of the L & I Regulations, as such regulations and standard codes
adopted by such regulations may be amended from time to time, as the
Denver Borough Construction Code with the following additions to the
International Building Code/2006 or such future edition of the International
Building Code as may be adopted from time to time:
A.
BOROUGH
BOROUGH COUNCIL
BUILDING CODE OFFICIAL
CONSTRUCTION CODE OFFICIAL
(1)
(2)
(3)
(4)
(5)
DEP
INTERMUNICIPAL AGREEMENT
L & I
L & I REGULATIONS
PENNSYLVANIA CONSTRUCTION CODE ACT
THIRD PARTY AGENCY
UNIFORM CONSTRUCTION CODE
Section 202, Definitions, shall be amended by inserting
the following definitions in alphabetical order:
The Borough of Denver, Lancaster County, Pennsylvania.
The governing body of the Borough.
A Borough official certified by L & I under Section 103
of the Pennsylvania Construction Code Act. The term includes an individual
certified in a category established under Chapter 401 of the L &
I Regulations to manage building code enforcement activities, supervise
building inspectors or plans examiners, issue building permits, occupancy
permits, notice of violations and orders to vacate, and initiate prosecutions.
A third party agency registered with the Borough certified
by L & I under Section 103 of the Pennsylvania Construction Code
Act in an appropriate category established under Section 701(b) of
the Pennsylvania Construction Code Act to perform plan review of construction
documents, inspect construction or administer and enforce codes and
regulations in that category under the Pennsylvania Construction Code
Act or related statutes. Any third party agency desiring to register
as a Construction Code Official shall meet the following requirements:
The third party agency shall provide evidence
of certification by L & I under Section 103 of the Pennsylvania
Construction Code Act identifying all categories in which the third
party agency has obtained such certification.
The third party agency shall present evidence
that PPL Utilities has approved the third party agency to perform
electrical inspections within the Borough.
The third party agency shall submit to the Borough
annually, at the time of registration, a certificate of insurance
indicating that the third party agency has obtained insurance in the
amounts required by the L & I Regulations.
The third party agency shall pay an annual registration
fee to the Borough in the amount established by ordinance or resolution
of Council in order to review plans and/or perform inspections under
this Construction Code within the Borough. If one or more individuals
are employees or partners of a third party agency, payment of the
registration fee by the firm in the name of the firm shall satisfy
the requirement.
Each third party agency desiring to be registered
to serve as a Construction Code Official within the Borough must register
annually. Registration shall be valid from January 1 to December 31
of each calendar year.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
The agreement among Adamstown Borough, Denver Borough, and
West Cocalico Township dated as of July 8, 2004, establishing the
Cocalico Area Appeals Board.
The Department of Labor and Industries of the Commonwealth
of Pennsylvania.
All regulations adopted by L & I to implement the Pennsylvania
Construction Code Act.
Act 45 of 1999, 35 P.S. § 7210.101 et seq., as
amended.
A person, firm or corporation certified by L & I as a
Construction Code Official and which may be contracted to perform
plan review of construction documents, inspect construction or administer
and enforce codes under the Pennsylvania Construction Code Act.
The Code adopted pursuant to the Pennsylvania Construction
Code Act and the L & I Regulations.
B.
Section 1612.3 is amended by inserting "Denver Borough"
and "April 19, 2005," in the respective blanks.
C.
Section 3410.2 is amended by inserting the date of
January 7, 1980, for residential dwellings and January 7, 1980, for
nonresidential structures.
The Borough hereby adopts the provisions of Chapter 1, Administration, of the International Building Code/2003 and the provisions of the L & I Regulations set forth below to govern administration and enforcement of the Denver Borough Construction Code. The administrative provisions of other codes which L & I has made part of the UCC, including but not limited to the International Residential Code/2003, are not part of the Denver Borough Construction Code. The provisions of this Construction Code govern if there is a conflict with the provisions of the Codes set forth in Section 403.21 of the L & I Regulations or the L & I Regulations relating to administration or enforcement. Changes from the International Building Code/2003, Chapter 1, and the L & I Regulations to the Denver Borough Construction Code are as follows:
A.
Section 101.1. Insert "Borough of Denver, Lancaster
County, Pennsylvania."
B.
Section 101.2 shall provide as follows:
101.2. Scope. These regulations
shall control all matters concerning the construction, alteration,
addition, repair, removal, demolition, location, occupancy and maintenance
of all buildings and structures and shall apply to existing or proposed
structures except as such matters are otherwise provided for in other
ordinances or statutes, including but not limited to the Borough Zoning
Ordinance, Borough Stormwater Management Ordinance, and applicable
Subdivision and Land Development Ordinance or in the rules and regulations
authorized for promulgation under the provisions of this Construction
Code. Whenever there is a conflict between the provisions of this
Construction Code and any other Borough ordinance, including but not
limited to the Zoning Ordinance, it is the intent of Borough Council
that the more stringent requirement shall apply. All construction
which the Pennsylvania Construction Code Act or the L & I Regulations
exempt from compliance with the Uniform Construction Code are exempt
from the provisions of this Construction Code. Items exempted from
compliance with the Uniform Construction Code by Sections 403.1(b)
and 403.1(e) of the L & I Regulations do not have to comply with
the Construction Code but shall comply with all other applicable Borough
ordinances.
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C.
Section 101.3 shall be amended by adding the following
sentence to the existing section:
It is the further intent of Borough Council
that all construction within the Borough shall comply with the provisions
of the Americans with Disabilities Act and all applicable regulations
to implement the Americans with Disabilities Act promulgated by federal
and state regulatory agencies and with the Code Requirements for Housing
Accessibility, and this Code shall be interpreted in a manner which
fulfills this intent. It is also the further intent of Borough Council
to comply with the requirements of the Pennsylvania Construction Code
Act and the L & I Regulations.
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D.
Section 101.4.5 shall be deleted in its entirety.
E.
Section 103, Department of Building Safety, shall
be deleted in its entirety and a new Section 103, Administration,
shall be inserted which shall provide as follows:
103.1. Building official. Borough
Council shall appoint a person or persons to serve as a Building Code
Official and a Construction Code Official as those terms are defined
in the L & I Regulations. Both the Building Code Official and
the Construction Code Official shall be considered the building official
as such term is defined and used in this Construction Code.
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103.2. Powers and duties of Building Code
Official and Construction Code Official. The Building Code
Official shall have all powers set forth in the L & I Regulations
and shall have the powers and duties of the building official set
forth in this Construction Code. The Construction Code Official shall
have the powers set forth in the L & I Regulations and may also
have the powers of the building official set forth in this Construction
Code. The respective duties and responsibilities of the Building Code
Official and the Construction Code Official shall be determined by
Borough Council and shall be within the limitations of any certifications
required or issued by L & I.
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103.2.1. The Building Code Official
shall serve at the pleasure of Borough Council. The Building Code
Official shall provide supervision of the Construction Code Official,
receive Uniform Construction Code permit applications, address citizen
inquiries, concerns and complaints, issue building permits, occupancy
permits, and manage code enforcement activities, including but not
limited to issuing notice of violations and orders to vacate, and
initiation of prosecutions.
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103.2.2. The third party agencies
who have registered with the Borough may serve as a Construction Code
Official. A Construction Code Official shall perform plan review of
construction documents. A Construction Code Official may also inspect
construction, provide the Building Code Official with reports of inspections
and recommendations upon issuance or denials of certificates of occupancy,
and if requested by the Building Code Official, assist in administration
and enforcement of this Construction Code.
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103.3. Organization. Borough Council
shall appoint such other officers, technical assistants, inspectors
and other employees as shall be necessary for the administration of
this Construction Code.
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F.
Section 104.4 shall be amended by inserting the following
language after the first sentence:
The building official shall have the right to
reject any report performed by any individual or agency unless the
permit holder has requested and obtained the prior approval of the
building official for such individual or agency to perform such inspection.
Any individual or agency performing such inspection and providing
such report shall demonstrate to the satisfaction of the building
official that such individual or agency has obtained all necessary
certifications from L & I.
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G.
Section 104.8 shall provide as follows:
104.8. Liability. The Borough and
the building official shall have all immunities and rights granted
by the Pennsylvania Judicial Code, including but not limited to Chapter
85.
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H.
Sections 105, Permits, 106, Construction Documents, and 111, Service Utilities, of Chapter 1 of the International Building Code/2003 shall not be a part of the Borough Construction Code. The Borough hereby adopts and incorporates Sections 403.41, 403.42, 403.42a, 403.43, 403.44, 403.47, 403.48, 403.61, 403.62, 403.62a, 403.63 and 403.66 of the L & I Regulations to govern applications for and issuance of Construction Code permits for nonresidential and residential construction with the changes set forth below:
(1)
Sections 403.42(a) and 403.62(a) shall be amended
by inserting the following at the end of the existing sections:
It shall be the joint responsibility of the
owner, lessee, if any, and the contractor to determine that a Construction
Code permit (and all other required permits and approvals) has been
obtained before performing any work. It shall be unlawful for any
contractor or subcontractor to perform any work for which a Construction
Code permit is required unless the owner and contractor obtain and
post a Construction Code permit as required by this Construction Code.
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(2)
Sections 403.42a(b) and 403.62a(b) shall be amended
by inserting the following at the end of the existing sections:
At the time of filing an application for a Construction
Code permit, the applicant shall present to the Building Code Official
adequate evidence that the applicant 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 Zoning Officer, Public Works
Department, Zoning Hearing Board, Lancaster County Conservation District,
State Police Fire Marshal, DEP, L & I, and the Pennsylvania Departments
of Community and Economic Development and Transportation. No application
for a Construction Code permit is complete without a copy of any required
zoning permit and proof of any required subdivision and/or land development
approval and/or stormwater management plan approval.
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(3)
Sections 403.43(h) and 403.63(h) shall be amended
by inserting the following at the end of the existing sections:
The applicant shall post a copy of the Construction
Code permit at a location on the property clearly visible to members
of the public.
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(4)
In addition to all types of construction, placement
of structures, repairs, and alterations for which the Uniform Construction
Code requires a permit, the Borough shall require persons to obtain
permits under the Denver Borough Construction Code for all of the
following:
[Added 2-28-2005 by Ord. No. 549; amended 10-31-2011 by Ord. No.
602]
(a)
The
construction, erection, or placement of any accessory structure which
is equal to or greater than 200 square feet, whether or not such accessory
structure is connected to any utility.
(b)
The
construction, erection, or placement of any accessory structure which
is less than 200 square feet if such accessory structure is provided
with any utility service. The applicant shall obtain a permit only
for the purpose of inspection for the utility or utilities being installed
or provided to the accessory structure.
(c)
All
alterations or repairs to residential buildings which are exempt from
the UCC by Act 92 of 2004; provided, however, that the following types
of alterations and repairs shall continue to be exempt and no permit
will be required:
[1]
Replacement of windows and doors when there is no change in the size
of the existing opening.
[2]
Re-roofing of less than 25% of the total existing roof square footage.
[3]
Replacement of a hot water heater, boiler, or furnace, or the replacement
of any part of a hot water heater, boiler or furnace with the same
efficiency rating, electrical and plumbing requirements.
[4]
Addition or replacement of siding on the exterior of the residential
structure.
[5]
Repair or replacement of any nonstructural portion of a deck, porch
or stoop.
[6]
Replacement of an appliance switch or receptacle with a switch or
receptacle which is the same or has a like rating.
[7]
The addition of one appliance switch or receptacle.
[8]
The repair or replacement of any nonstructural member.
[9]
The repair or replacement of any sink, toilet, tub, shower or similar
plumbing fixture without relocation of any drain or venting device.
I.
A new Section 108.1.2 shall be inserted which shall
provide as follows:
108.1.2. Time of payment of fees. Applicants for permits under this Construction Code shall pay to
the Borough at the time of application all administrative fees. Applicants
shall pay directly to the Construction Code Official costs incurred
for the review of an application and construction documents prior
to the issuance of a permit. Applicants shall pay to the Construction
Code Official costs incurred for all inspections required during the
costs of construction prior to the issuance of a certificate of use
and occupancy for the structure for which the permit has been issued.
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J.
Section 108.4 shall be revised to provide:
108.4. Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical,
gas, mechanical or plumbing system before obtaining the necessary
Construction Code permits shall be subject to an additional fee for
expedited processing which shall be equal to the fee which should
have been paid at permit application. The expedited processing fee
shall be paid in full in addition to the normal application fee prior
to the issuance of a Construction Code permit.
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K.
Section 108.6 shall be deleted in its entirety.
L.
Sections 109.3, 109.4, 109.5, and 109.6 of the International
Building Code/2003 shall be deleted and the Borough hereby adopts
Sections 403.45, 403.64, and 403.86 of the L & I Regulations governing
inspections with the changes set forth below:
(1)
Sections 403.64(g) shall be deleted in its entirety.
M.
Section 110, Certificate of Occupancy, of the International
Building Code/2003 is deleted. The Borough adopts Sections 403.46
and 403.65 of the L & I Regulations governing certificates of
occupancy. Sections 403.46 and 403.65 of the L & I Regulations
are amended as follows:
(1)
Section 403.46(b) is amended by adding the following
subsection:
(10) A statement that the issuance of a certificate
of occupancy shall not be deemed permission to occupy the structure
or commence a use if any other ordinance requires the issuance of
a permit or certificate prior to use and occupancy.
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(2)
Section 403.65(b) is amended by adding the following
subsection:
(9) A statement that the issuance of a certificate
of occupancy shall not be deemed permission to occupy the structure
or commence a use if any other ordinance requires the issuance of
a permit or certificate prior to use and occupancy.
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N.
Section 112, Board of Appeals, shall be amended in
its entirety to provide as follows:
112.1. Board of Appeals. The Borough
hereby appoints the Cocalico Area Appeals Board as the Board of Appeals
under the Denver Borough Construction Code. Members of the Cocalico
Area Appeals Board shall be selected in accordance with the Intermunicipal
Agreement.
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112.2. Authority of Board of Appeals. The Board of Appeals shall hear and rule on appeals, requests for
variances and requests for extensions of time. An application or appeal
shall be based upon, and the Board of Appeals in making its decisions
shall consider, those factors set forth in the L & I Regulations.
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112.3. Membership of Board of Appeals. A member of the Board of Appeals shall be qualified by training
and experience to pass on matters pertaining to building construction.
Members of the governing body may not serve on the Board of Appeals.
A Board of Appeals member may not cast a vote or participate in a
hearing in any appeal, request for variance or request for extension
of time in which the member has a personal, professional or financial
interest.
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112.4. Operation of Board. The
Board of Appeals may establish policies and procedures necessary to
carry out its duties in accordance with the Intermunicipal Agreement.
The Board shall annually select one of its members to serve as Chairperson
and one of its members to serve as Vice Chairperson. The Board of
Appeals shall keep minutes of its meetings and file a written decision
on all appeals under this Construction Code. The Board of Appeals
shall provide notice of and conduct its meetings in accordance with
the Sunshine Act, 65 Pa.C.S.A. § 701 et seq.
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112.5. Procedures for applications and
appeals. Any person desiring to file an application or appeal
to the Board of Appeals may file such appeal with the Building Code
Official. All applications and appeals to the Board of Appeals shall
be in writing and shall specify the section of this Construction Code
from which relief is sought or the action of the building official
which is the subject of the appeal. The written application or appeal
shall state all of the grounds for the application or appeal and shall
include any necessary plans or specification to provide the Board
of Appeals with information to evaluate the application or appeal
and shall include the fee. No application appeal will be considered
complete without the necessary appeal fee. Any appeal from a determination
of the building official shall be filed within 20 calendar days of
the determination.
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112.5.1. Hearings. An applicant
or appellant who desires to present testimony to the Board of Appeals
shall request a hearing in the application or appeal. If the applicant
or appellant does not request a hearing, it will be assumed that the
Board of Appeals may render its determination based on the written
information submitted with the application or appeal and any additional
information available to members of the Board of Appeals.
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112.5.2. Parties. The Borough shall
be considered a party to all appeals or applications filed with the
Board of Appeals. Other persons affected by the appeal or application
who have made timely appearances of record may also be recognized
as parties to the appeal or application.
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112.5.3. Decision. The Board of
Appeals shall render its decision in writing within any time periods
imposed in state laws or L & I Regulations. The Board of Appeals
shall provide the applicant or appellant, the building official and
the Borough with copies of the appeal.
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O.
Section 113, Violations, shall provide as follows:
113.1. Unlawful acts. It shall
be unlawful for any person, firm or corporation to erect, construct,
alter, extend, repair, remove, demolish, use or occupy, or to permit
the erection, construction, alteration, extension, repair, removal,
demolition, use or occupancy of, any building or structure or equipment
regulated by this Construction Code, or cause same to be done, in
conflict with or in violation of this Construction Code. It shall
also be unlawful for any person to place inaccurate or misleading
information on an application or plan or to omit relevant information
from an application or a plan submitted to the Borough.
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113.2. Notice of violation. The
building official may 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 Construction 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 Construction Code. Such notice
shall order discontinuance of the illegal action or condition and
the abatement of the violation. Notwithstanding the foregoing, it
shall not be a defense to an enforcement action that the building
official did not serve or that the defendant did not receive a written
notice of violation prior to the institution of the enforcement action.
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113.2.1. If an inspection reveals
a violation of this Construction Code, the Construction Code Official
shall discuss the inspection results with the permit holder at the
completion of the inspection.
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113.2.2. When a violation relates
to an unsafe building, structure, or equipment, the building official
shall proceed in accordance with Section 403.84 of the L & I Regulations.
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113.3. Prosecution of violation. If the Building Code Official has served a notice of violation and
the notice of violation is not complied with within the time specified
by the building official, or if the Building Code Official determines
that there is insufficient time to serve a notice of violation or
that such notice of violation will have no practical or beneficial
effect, the Building Code Official shall notify Borough Council of
the violation and shall request Borough Council to authorize institution
of enforcement proceedings against the violator and/or authorize the
Borough 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 Construction Code
or of the order or direction made pursuant thereto. Notwithstanding
the foregoing, the Building Code Official may institute summary enforcement
proceedings without prior authorization of Borough Council.
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113.4. Violation penalties. Any
person who shall violate a provision of this Construction 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 Construction Code in violation of the
provisions of this Construction Code or of an approved plan or of
a directive of the building official or of a permit or certificate
issued under the provisions of this Construction 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 being found guilty in an enforcement
proceeding commenced by the Borough, pay a penalty of not less than
$200 and not more than $1,000 for each violation plus all costs of
prosecution, which fines and penalties may be collected as provided
by law. Each day that a violation continues shall be deemed a separate
offense, and each section of this Construction Code which is violated
shall be deemed a separate offense. The building official may request
the Police Department to make arrests for any offense against this
Construction Code or orders of the building official affecting the
immediate safety of the public. Upon summary conviction or in a civil
action, the defendant may be assessed reasonable attorneys’
fees incurred by the Borough in the enforcement proceedings in accordance
with Section 3321(6) of the Borough Code.[1]
[Amended 7-29-2013 by Ord. No. 612] | |
113.5. Abatement of violation: The
imposition of the penalties herein prescribed shall not preclude the
Borough Solicitor or the building 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.
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[1]
Editor’s Note: See 53 P.S. § 48321(6).
P.
Section 114.3 shall provide as follows:
114.3. 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 condition,
shall commit a violation of this Construction Code and shall be subject
to penalties or fines as provided in Section 113.4 and remedies as
provided in Section 113.5.
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Q.
Section 115, Unsafe Structures and Equipment, of the
International Building Code/2003 is deleted. The Borough adopts Section
403.84 of the L & I Regulations governing unsafe buildings, structures,
or equipment.
R.
Table R301.2(1) of the International Residential Code/2003
is hereby completed by inserting the following information:
Ground snow load: 30 pounds per square foot.
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Wind speed (mph): 90 mph.
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Seismic design category: A, B, C, D.
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Weathering: severe.
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Frost line depth: 30 inches.
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Termite: moderate to heavy.
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Decay: slight to moderate.
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Winter design temperature: 10°
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Ice shield underlayment required: Yes
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Flood hazard: October 15, 1980
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Air freezing index: 1,000
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Mean annual temperature: 50°
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This chapter shall take effect and be in force
five days after its enactment by Borough Council of the Borough of
Denver as provided by law. The Uniform Construction Code adopted by
this chapter shall take effect on July 8, 2004.