Municipality of Murrysville, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Municipality of Murrysville 12-15-2004 by Ord. No. 671-04.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 112.
Grading, excavations and filling — See Ch. 124.
Property maintenance — See Ch. 174.
Sewers — See Ch. 193.
Erosion and sediment control — See Ch. 197.
Stormwater management — See Ch. 198.
Streets and sidewalks — See Ch. 199.
Subdivision and land development — See Ch. 201.
Zoning — See Ch. 220.
[1]
Editor's Note: This ordinance also repealed and replaced former Ch. 96, Construction Codes, Uniform, adopted 6-16-2004 by Ord. No. 665-04.

§ 96-1 Adoption of code.

The Municipality of Murrysville hereby adopts the Uniform Construction Code (hereinafter referred to as "Code"), as designated and defined by the Pennsylvania Construction Code Act (hereinafter referred to as "Act"), as amended and supplemented, and the regulations promulgated by the Department of Labor and Industry thereunder (hereinafter referred to as "regulations"), as amended and supplemented from time to time, as provided in the Act and regulations, as the Municipality of Murrysville Building Code. The Uniform Construction Code, contained in 30 Pa. Code, Chapters 401-405, as amended from time to time, consists of the following. (All appendices adopted shall be utilized for supplementary and informational purposes only, as they relate to the interpretation of the respective codes to which they are associated):
A. 
The provisions of Chapters 2-29 and 31-35 of the "International Building Code 2003" and Appendix "E" ("Supplementary Accessibility Requirements") and Appendix "H" ("Signs") (first printing). This includes all errata issued by the International Code Council;
B. 
The "ICC Electrical Code - Administrative Provisions 2003" (first printing). This includes all errata issued by the International Code Council;
C. 
The "International Mechanical Code 2003" (first printing). This includes all errata issued by the International Code Council;
D. 
The "International Fuel Gas Code 2003," and its Appendices (first printing). This includes all errata issued by the International Code Council;
E. 
The "International Plumbing Code 2003," and its Appendices, except Appendix "A" (first printing). This includes all errata issued by the International Code Council;
F. 
The "International Residential Code 2003" Chapter 43, Referenced Standards and Appendices A, B, C, D, G and L (first printing). This includes all errata issued by the International Code Council;
G. 
The "International Fire Code 2003," (first printing). This includes all errata issued by the International Code Council;
H. 
The "International Energy Conservation Code 2003," and the Appendix (first printing). This includes all errata issued by the International Code Council;
I. 
Sections AE 501-AE 503 and AE 601-AE 605 of Appendix E of the "International Residential Code 2003" (first printing). This includes all errata issued by the International Code Council;
J. 
The "International Existing Building Code for Buildings and Facilities 2003," and the Appendix (first printing). This includes all errata issued by the International Code Council;
K. 
The "International Urban-Wildland Interface Code 2003,” (first printing). This includes all errata issued by the International Code Council.

§ 96-2 Revisions.

A. 
The hereinafter sections of the above-referenced codes, which form a part of the Uniform Construction Code, are hereby completed, modified or revised as follows:
(1) 
References to "Jurisdiction" shall be "the Municipality of Murrysville."
(2) 
The International Building Code § 1612.3 insert: "February 17, 1982," as date of issuance.
(3) 
The ICC Electrical Code § 404.2 insert: "fee prescribed in Chapter 112, Fees, as amended, as included in associated building permit fees."
(4) 
International Mechanical Code § 106.5 insert: "fee prescribed in Chapter 112, Fees, as amended, as included in associated building permit fees."
(5) 
International Mechanical Code § 106.5.3(2) and 106.5(3)(3) insert: "0%."
(6) 
International Mechanical Code § 108.4 insert: "summary offense" in the [specific offense] portion and insert "$300" for the amount of fine; and insert "five days" for the term of imprisonment.
(7) 
International Mechanical Code § 108.5 insert: "a fine of not less than $100 or more than $300."
(8) 
International Fuel Gas Code § 106.5.2 insert: "fee prescribed in Chapter 112, Fees, as amended, as included in associated building permit fees."
(9) 
International Fuel Gas Code § 106.5.3(2) and 106.5.3(3) insert: "0%."
(10) 
International Fuel Gas Code § 108.4 insert: "Summary offense, $300 and five fays."
(11) 
International Fuel Gas Code § 108.5 insert: "not less than $100 or more than $300."
(12) 
International Plumbing Code § 106.6.2 insert: "fee prescribed in Chapter 112, Fees, as amended, as included in associated building permit fees."
(13) 
International Plumbing Code § 108.4 insert: "Summary offense, $300 and five days."
(14) 
International Plumbing Code § 106.63 (2) and (3) insert: "0%."
(15) 
International Plumbing Code § 108.5 insert: "not less than $100 or more than $300."
(16) 
International Plumbing Code § 305.6.1 insert: "40” inches in both locations.
(17) 
International Plumbing Code § 904.1 insert: "24 inches."
(18) 
International Residential Code Table R 301.2(1) insert the following:
(a) 
Ground Snow Load: 40 lbs.
(b) 
Wind Speed (mph): 90.
(c) 
Seismic Design Category: D1.
(d) 
Weathering: severe.
(e) 
Frost Line Depth: 36 inches.
(f) 
Termite: moderate to heavy.
(g) 
Decay: slight to moderate.
(h) 
Winter Design. Temp.: 5° F.
(i) 
Ice Shield Underlayment: Yes.
(j) 
Flood Hazard Map dated October 4, 1995.
(k) 
Air Freezing index- 1,000.
(l) 
Mean Annual Temp: 25°F .
(19) 
International Residential Code § P2603.6.1 insert: "40" inches in both places.
(20) 
International Residential Code § P3103.1 insert: "24" inches in both places.
(21) 
International Fire Code § 109.3 insert: "summary offense, $300 and five days and $1,000 where a fire department must respond as a result of the violation."
(22) 
International Fire Code § 111.4 insert: "$100 and $300."
(23) 
International Fire Code § 3204.3.1.1, § 3404.2.9.5.1, § 3406.2.4.4 and § 3804.2 insert: "Any area mapped on the current FEMA Flood Mapping as a flood area (Maps are dated February 17, 1982)."
(24) 
International Existing Building Code § 1201.2 insert: "July 9, 2004."
(25) 
International Fire Code § 307.2 add: "Allowable burning shall be permitted from Tuesday through Saturday during the hours of 8:00 a.m. to 8:00 p.m. Bonfires for charitable and nonprofit social gatherings may have extended hours upon approval of the Fire Code Official."
(26) 
International Plumbing Code Table 710.1(1) Footnote A, remove "three inches" and insert: "four inches" for minimum building drain size. Insert: "six inches" for minimum building sewer size.
(27) 
All proposed utility and miscellaneous use structures (including but not limited to garages, carports, sheds, etc.) containing a building area of 500 square feet or more shall require a building permit subject to the review of all applicable codes.

§ 96-2.1 Revisions concerning open burning and recreational fires.

[Added 12-21-2005 by Ord. No. 697-05]
A. 
The International Fire Code 2003, Chapter 3, General Precaution Against Fire, Section 307, Open Burning and Recreational Fires, is herein amended to prohibit the burning of leaf waste as a means of disposal in lieu of compliance with Murrysville's leaf recycling program enacted by Ordinance No. 673-04.[1] A limited burning of yard waste as defined by law or regulations of the Commonwealth of Pennsylvania, or as exempted by state law, regulations or this Ordinance, shall not be deemed a violation of the leaf waste burning prohibition. This leaf waste burning prohibition is being implemented as an amendment of Section 307.2.1, Authorization, by expanding it to include the following additional language as contained in italics:
Section 307
Open Burning and Recreational Fires
307.1 General (No change)
307.2 Permit Required (No change)
307.2.1 Authorization. Where required by State or local law or regulations, openburning shall only be permitted with prior approval from the State or local air and water quality management authority, provided that all conditions specified in the authorization are followed.
No permit issued hereunder shall allow for the open burning of leaves or in a container as a means of disposal in lieu of compliance with Murrysville's leaf recycling program enacted at Ordinance No. 673-04. A limited burning of yard waste as defined by law or regulations of the Commonwealth of Pennsylvania or as exempted by State law, regulations or this ordinance, shall not be deemed a violation of this ordinance.
307.2.2. Prohibited open burning. Open burning that will be offensive or objectionable because of smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. The Fire Code Official is authorized to order the extinguishment by the permit holder or the Fire Department of open burning which creates or adds to a hazardous or objectionable situation. (No change.)
[1]
Editor's Note: See Ch. 182, Recycling, Art. III, Leaf Recycling Program.
B. 
The International Fire Code 2003, Chapter 3, General Precaution Against Fire, Section 307, Open Burning and Recreational Fires, is herein further amended by the addition of three (3) new subsections, as follows:
307.2.3. Prohibited leaf waste burning. Open burning of leaf waste (including the burning of leaf waste in a container), is prohibited throughout the Municipality, except for the following:
A.
Incident to a limited burning of yard waste, conditioned, however, it is the legislative intent[2] of the Municipality of Murrysville that a limited burning of yard waste shall not be of such magnitude or frequency to be deemed a violation of the leaf waste burning prohibition of Section 307.2.3, and thereby jeopardize any grant due the Municipality of Murrysville. See, The Municipal Waste Planning, Recycling and Waste Reduction Act, as set forth at Volume 53 P.S. § 4000.905(c), a copy of which is attached hereto and made a part hereof as Exhibit A.[3]
B.
Incident to an agricultural use or purpose recognized by the Commonwealth of Pennsylvania, Department of Environmental Protection, as having a lawful exemption for such burning.
C.
Incident to any other lawful exemption for the burning of leaf waste provided for in this ordinance, or any statute or regulations of the Commonwealth of Pennsylvania as now in force or hereafter enacted or promulgated.
307.2.4 "Yard waste.” "Yard waste" for purposes of this ordinance shall be deemed to conform to the definition established by statute and/or regulations of the Commonwealth of Pennsylvania as now in force or as amended from time to time. Yard waste is currently defined by the Commonwealth of Pennsylvania, Department of Environmental Protection, as follows:
"Yard Waste: leaves, grass clippings, garden residue, tree trimmings, chipped shrubbery and other vegetable material."
[2]
Editor's Note: The Municipality of Murrysville’s declaration of legislative intent is for the sole purpose of aiding in the enforcement of this ordinance by Murrysville’s code enforcement officers. The enactment of this ordinance and declaration of intent is not to be construed as the conferring of any legal authority for any enforcement action against the Municipality of Murrysville or its residents by any federal or state agency or department or for the withholding of any grant funding accruing to the Municipality of Murrysville.
[3]
Editor's Note: Said Exhibit A is on file in the Municipality's offices.

§ 96-3 Administration and enforcement.

A. 
The Municipality of Murrysville hereby elects to administer and enforce the provisions of this chapter and the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210-1,01 - 7210-1.103, as amended from time to time, the regulations promulgated thereunder, and the code.
B. 
Administration and enforcement of the code within the Municipality of Murrysville shall be undertaken in any of the following ways, as determined by the governing body of the Municipality of Murryville from time to time by resolution:
(1) 
By the designation of an employee of the Municipality to serve as the Building Code Official to act on behalf of the Municipality;
(2) 
By the retention of one or more construction code officials or third-party agencies to act on behalf of the Municipality;
(3) 
By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of this Municipality;
(4) 
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.
(5) 
Third-party electrical inspection agencies shall be registered with the Municipality of Murrysville and the Department of Labor and Industry, prior to performing inspections within the Municipality.
C. 
Administration and enforcement of the code within the Municipality of Murrysville may also be undertaken by entering into an agreement with one or more municipalities to provide for the joint administration and enforcement of this Act by the adoption of an ordinance approving an intermunicipal agreement pursuant to 53 Pa.C.S.A. Chapter 23 Sub ch. A, relating to intergovernmental cooperation.

§ 96-4 Board of Appeals.

A. 
Pursuant to 35 P.S. § 7210.501(c) and 34 Pa. Code § 403.121, the Municipality of Murrysville hereby establishes a Board of Appeals consisting of five members.
B. 
The composition of the Board of Appeals is governed by the following:
(1) 
All members of the Board of Appeals shall be qualified by training and experience to pass on matters pertaining to building construction. Training and experience may consist of licensure as an architect or engineer, experience in the construction industry, and training or experience as an inspector or plan reviewer.
(2) 
All members of the Board of Appeals hold office at the pleasure of the Municipality of Murrysville's governing body and without compensation.
(3) 
Members of the Municipality of Murrysville's governing body and its code administrators may not serve on a board of appeals.
(4) 
The Municipality of Murrysville may fill a position on the Board of Appeals with a qualified person who resides outside of the Municipality when it cannot find a person within the Municipality who satisfies the requirements of this section.
C. 
The Municipality of Murrysville shall, by separate resolution, appoint the initial members to the Board of Appeals who shall serve on an annual basis. After the initial appointment to the Board of Appeals, the Municipality shall annually at its reorganization meeting appoint members to said Board of Appeals.
D. 
The Municipality of Murrysville may, at any time, establish a joint board of appeals through an intermunicipal agreement pursuant to 53 Pa.C.S.A. §§ 2301-2315 (relating to intergovernmental cooperation).

§ 96-5 Repealer.

A. 
This chapter repeals Ordinance No. 611-02, Ordinance No. 220A-88, Ordinance 665-04, and the entirety of the following chapters and all subsequent amendments thereto: Chapters 85 (Building Construction), 115 (Fire Prevention Code), 149 (Mechanical Standards), 162 (One- and Two-Family Dwelling Code), 174 (Plumbing) and 203 (Swimming Pools). Where any portion of Chapter 193 (Sewers) may conflict with the Uniform Construction Code, the Uniform Construction Code shall prevail.
B. 
All ordinances, resolutions, regulations and policies of the Municipality of Murrysville not affected, modified or repealed by this chapter, the code, Act or regulations shall remain in full force and effect.

§ 96-6 Fees and costs for administration and enforcement.

The Municipality of Murrysville hereby imposes and assesses fees and costs for the administration and enforcement of said code, Act, regulations, and this chapter, which fees and costs shall be established by the Municipality of Murrysville's governing body.

§ 96-7 Violations and penalties.

Any person, firm or corporation that violates any of the provisions of this chapter, the code, Act and/or regulations commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $300 in costs incurred by the Municipality in enforcement of said violation. Each day that a violation exists and continues shall be a separate violation.

§ 96-8 Effective date.

This chapter shall be effective January 1, 2005.