City of Harrisburg, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 4-1986. Amendments noted where applicable.]
CROSS-REFERENCES
Adoption by reference: see Optional Third Class City Charter Law § 608(a) [53 P.S. § 41608(a)]; Third Class City Code § 2403(67) [53 P.S. § 37403(67)].
Emergency orders and appeals: see Ch. 8-301.
Local Agency Law: see Subchapter B of Chapters 5 and 7, Act of April 28, 1978, P.L. 202, as amended (2 Pa.C.S.A. §§ 105, 551 to 555 and 751 to 754).
Rent withholding: see Ch. 8-507.

§ 8-101.1 Intent and purpose.

It is the intent and purpose of this chapter to adopt a modern building code which will prescribe effective standards and minimum requirements for the construction of buildings in the City. This code is designed to cover every facet of building construction to ensure that the residents of Harrisburg are provided with safe, sanitary and well-constructed structures for all purposes and uses and to provide reasonable safeguards to protect the public health and safety against the hazards of inadequate, defective or unsafe mechanical installations.

§ 8-101.2 Adoption of standards.

[Ord. No. 17-1994; amended 9-23-2003 by Ord. No. 25-2003]
In accordance with Section 608 of the Optional Third Class City Charter Law, Act of July 15, 1957, P.L. 901, as amended, 53 P.S. § 41608, and Section 4130 of the Third Class City Code, Act of June 23, 1931, as amended, 53 P.S. § 39130(b), there is hereby adopted by the City, for the purpose of prescribing specifications and regulations to ensure the structural safety and noncombustibility of buildings and housing constructed, reconstructed, altered, enlarged, repaired or maintained within the City, that certain building code known as the "International Building Code, 2003 Edition," and all appendixes thereto, with the exception of Appendix A, B and D, as supplemented and published by the International Code Council, except such provisions which are in conflict with regulations promulgated by the Pennsylvania Department of Labor and Industry interpreting the Uniform Construction Code pursuant to Section 301 of the Pennsylvania Construction Code Act, Act of November 10, 1999, P.L. 491, 35 P.S. § 7210.301, or any other state law on the subject or regulations issued by a state agency by virtue of a state law. Ten copies of the adopted Building Code are presently on file in the office of the City Clerk, and such code is hereby incorporated as fully as if set forth at length herein. The provisions of the adopted Building Code shall be controlling within the limits of the City, except as amended by the provisions of this chapter.

§ 8-101.3 Amendments.

[Added 9-23-2003 by Ord. No. 25-2003[1]]
The following sections of the International Building Code, 2003 Edition, as adopted herein, are hereby deleted in their entirety and replaced as indicated:
A. 
Chapter 1, Administration.
(1) 
Section 101.1 is amended to read as follows:
101.1 Title. These regulations shall be known as the "Building Code of the City of Harrisburg," hereinafter referred to in this chapter as "this code."
(2) 
Section 103.1 is amended to read as follows:
103.1 General. The City of Harrisburg Department of Building and Housing Development, Bureau of Codes Enforcement (also referred to in this code as "Department of Building Safety"), or any other department, bureau or division of the City designated by the Mayor shall administer and enforce this code or any part thereof, and the executive official in charge thereof shall be known as the "Codes Administrator" (also referred to in this code as "Building Official").
(3) 
Section 105.2 is amended to read as follows:
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
Building:
1.
Oil derricks.
2.
Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter or width does not exceed two to one.
3.
Sidewalks and driveways not located within a public right-of-way, not more than 30 inches (762 mm) above adjacent grade and not over any basement or story below and which are not part of an accessible route.
4.
Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
5.
Temporary motion-picture, television and theater stage sets and scenery.
6.
Prefabricated swimming pools accessory to a Group R-3 occupancy, as applicable in Section 101.2, which are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18,925 L) and are installed entirely above ground.
7.
Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.
8.
Swings and other playground equipment accessory to detached one- and two-family dwellings.
9.
Window awnings supported by an exterior wall which do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support of Group R-3, as applicable in Section 101.2, and Group U occupancies.
10.
Movable cases, counters and partitions not over five feet nine inches (1,753 mm) in height.
(4) 
Section 105.2.2 is amended to read as follows:
105.2.2 Repairs. Application or notice to the Building Official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles, provided that such repairs total less than $1,000 on a single project performed within a three-month period. Such repairs shall not include the cutting away of any wall, partition or portion thereof; the removal or cutting of any wall, structural beam or load-bearing support; the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirement; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent, or similar piping, electric wiring, or mechanical or other work affecting public health or general safety.
(5) 
Section 112, Board of Appeals. This section is deleted in its entirety. See § 8-101.7 of the City's Codified Ordinances for appeal procedures.
(6) 
Section 115.2 is amended to read as follows:
115.2 Unsafe building defined. The term "unsafe building or structure" shall apply to buildings or structures, or portions thereof, existing or hereafter erected as follows:
1.
Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
2.
Those which, exclusive of the foundation, show 33% or more of damage or deterioration of the supporting member or members or 50% of damage or deterioration of the nonsupporting, enclosing or outside walls or covering.
3.
Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.
4.
Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the City.
5.
Those which have become or are so dilapidated, decayed, unsafe, or unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause injury, sickness or disease to those living therein or to the general public.
6.
Those having inadequate light, air and sanitation facilities likely to cause injury, sickness or disease to those living therein or to the general public.
7.
Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of evacuation.
8.
Those which have parts thereof which are so attached that they may fall and injure members of the public or damage property.
9.
Those vacant buildings unguarded or open at a door or window shall be deemed a fire hazard, an attractive nuisance and unsafe within the meaning of this code.
10.
Those dwellings and premises existing in violation of the provisions of the City Building or Housing Codes[2] or other relevant ordinances of the City and the statutes of the Commonwealth of Pennsylvania which, because of their condition or the manner in which the same are maintained, are so unsafe, unsanitary or dangerous as to constitute a danger to the health and safety of those living therein or to the general public.
[2]
Editor's Note: See Title 8, Building and Housing Development Code, of these Codified Ordinances.
(7) 
Section 115.4 is amended to read as follows:
115.4 Method of service.
1.
Personal service, certified or registered mail. Such notice shall be deemed to be properly served upon such owner if:
(A)
A copy thereof is delivered to the owner personally; or
(B)
A copy of the notice is left at the owner's usual place of abode, in the presence of someone of suitable age and discretion who shall be informed of the contents thereof; or
(C)
A copy of the notice is sent by certified or registered mail, return receipt requested, addressed to the owner at his/her last known address.
2.
Posting and mailing. If service is not made under Subsection 1(A) or 1(B) above, or if the certified or registered letter is returned with receipt showing that it has not been delivered, service of any document hereunder shall be deemed to be properly served if:
(A)
A copy thereof is posted in a conspicuous place in or about the structure or property affected by such notice; and
(B)
A copy thereof is mailed to or left for the owner, the owner's attorney or the owner's appointed or authorized agent at said persons's last known address. Mailing hereunder is deemed to have occurred if said notice is mailed, via the United States Postal Service, postage prepaid, to the then last known address, and said mail is not returned within 15 days from the date of mailing.
(8) 
Section 115.6 is added to read as follows:
115.6 Disregard of unsafe notice. If a person served with a notice or order to remove or repair an unsafe building or structure or portion thereof should fail to do so within the time set forth in such notice or order, or after the expiration of any additional period or periods extended to such person by the Codes Administrator for the reasons set forth hereafter, the City, through its duly constituted representatives, may cause the order to be executed by private contractor or otherwise. The cost to the City on account of the execution of the order may be entered as a lien against the premises involved in accordance with the existing provisions of law where such notice or order was delivered to the owner thereof. The City may also collect such costs from the person to whom such notice or order was delivered in an action of assumpsit, together with a penalty of 10% thereof. Nothing herein shall preclude the City Solicitor from instituting an appropriate action on behalf of the City in a court of equity for the purpose of compelling an owner to comply with any such notice or order. If, due to an act of God or because of circumstances beyond the control of the person to whom such notice or order is directed, the notice or order is not completely executed within the thirty-day period, the Codes Administrator may grant, in writing, an additional period or periods of time for the execution of such notice or order.
B. 
Chapter 27, Electrical. Chapter 27 is hereby amended to provide that the Electrical Code of the City of Harrisburg is adopted by the City in Chapter 8-103 and shall govern all electrical installations.
C. 
Chapter 28, Mechanical Systems. Chapter 28 is hereby amended to provide that the Mechanical Code of the City of Harrisburg is adopted by the City in Chapter 8-109 and shall govern the installation and maintenance of mechanical appliances, equipment and systems.
D. 
Chapter 29, Plumbing Systems. Chapter 29 is hereby amended to provide that the Plumbing Code of the City of Harrisburg is adopted by the City in Chapter 8-105 and shall regulate all matters pertaining to plumbing.
E. 
Chapter 33, Safeguards During Construction, Section 3307, is amended to read as follows:
3307.1 Protection required. Adjoining public and private property shall be protected from damage during construction, remodeling and demolition work. Protection must be provided for footings, foundations, party walls, chimneys, skylights and roofs. Provisions shall be made to control water runoff and erosion during construction or demolition activities. Exception: Where the building adjoining a demolition site is in a state of disrepair, structurally unsound, has been condemned by the City or contains any other preexisting conditions that would preclude the proper protection or installation of a party wall, the individual or contractor overseeing the demolition shall not be required to protect or erect a party wall in compliance with this code or any other laws or ordinances of this jurisdiction.
3307.2 Notice of intent. The person intending to cause a demolition or excavation shall deliver written notice of such intent to the owner of each potentially affected adjoining lot, building or structure at least one week prior to the commencement of work. The notice shall request license to enter the potentially affected lot, building or structure prior to commencement of work and at reasonable intervals during the work to inspect and preserve the lot, building or structure from damage.
3307.3 Protection of adjoining property. If granted the necessary license to enter the adjoining lot, building or structure, the person causing the demolition or excavation to be made shall, at all times and at his or her own expense, preserve and protect the lot, building or structure from damage or injury. If the necessary license is not granted, it shall be the duty of the owner of the adjoining lot, building or structure to make safe his or her own property, for the execution of which said owner shall be granted necessary license to enter the premises of the demolition or excavation.
3307.4 Notice to the Building Official. If the person causing a demolition or excavation to be made is not granted license to enter an adjoining structure, that person shall immediately notify, in writing, both the Building Official and the owner of the adjoining property that the responsibility of providing support to the adjoining lot, building or structure has become the exclusive responsibility of the owner of the adjoining property.
F. 
Appendix K is added to read as follows:
APPENDIX K
FLOODPROOFING REQUIREMENTS FOR CONSTRUCTION IN THE FLOODPLAIN ZONING DISTRICTS
SECTION K-1
FLOOD DAMAGE CONTROL REGULATIONS
In order to prevent excessive damage to buildings and structures due to conditions of flooding, the following requirements apply to the erection, exterior structural addition or any substantial improvement or alteration of any building or structure or portion thereof within the floodplain zoning districts established by Chapter 7-329, Floodplain Overlay District, of the Codified Ordinances.
K-1.1 Dry basements and first floors of nonresidential structures.
1.
The lowest floor (including basement) in nonresidential buildings may be constructed below the height of the one-hundred-year flood, provided it is designed to remain completely dry or essentially dry during periods of flooding to at least two feet above the height of the one-hundred-year flood.
2.
The lowest floor (including basement) in nonresidential buildings constructed below the height of the one-hundred-year flood that is designed to either remain completely dry or essentially dry during periods of flooding in accordance with the provisions of Subsection 1 hereof shall be completely or substantially impermeable to the passage of external water and water vapor under the hydrodynamic and hydrostatic pressure of flooding to at least two feet above the height of the one-hundred-year flood. Large cracks, openings or other channels that could permit unobstructed passage of water shall not be permitted. However, sump pumps may be utilized to control seepage.
3.
Basements or lowest floor levels in nonresidential buildings constructed below the height of the one-hundred-year flood that are designed to either remain completely dry or essentially dry during periods of flooding in accordance with the provisions of Subsection 1 hereof shall be constructed with either a continuous membrane, integrally waterproofed concrete or a continuous inner lining.
4.
Enclosed areas below the lowest floor (including basement) are prohibited.
K-1.2 Floodproofing residential basements and first floors. Enclosed areas below the lowest floor (including the basement) are prohibited in residential buildings. The lowest floor (including basement) in residential structures shall be constructed at least two feet above the height of the one-hundred-year flood.
K-1.3 Elevation of structures by fill. If fill is used to raise the lowest floor (including basement) to two foot above the height of the one-hundred-year flood:
1.
Fill shall extend laterally 15 feet beyond the line from all points.
2.
Fill shall consist of soil or small rock materials only. Fill material shall be compacted to 95% minimum dry density of the maximum dry density of material used. Soil or small rock material used for fill shall be placed in lifts and compacted in accordance with the ASTM Standard on Soil Compaction (D18-1993) to provide the necessary permeability and resistance to erosion or scouring. Sanitary landfills shall not be permitted.
3.
Fill slopes shall be no steeper than one vertical on two horizontal, unless substantiating data, justifying steeper slopes, is submitted to and approved by the Codes Administrator.
4.
Fill shall be used only to the extent to which it does not adversely affect adjacent properties.
K-1.4 Elevation of structures by alternative modes. If piles, columns, piers, walls or other similar members are used to raise the finished surface of the lowest floor (including basement) to two feet above the height of the one-hundred-year flood:
1.
The design must consider the hydrostatic, hydrodynamic and impact loads of the one-hundred-year flood upon the structure.
2.
Clear spacing of support members, measured perpendicular to the general direction of flood flow, shall not be less than eight feet apart at the closest point.
3.
Solid walls or walled-in columns should be oriented with the longest dimension of the member parallel to the flow.
4.
The potential of surface scour around members shall be recognized and protective measures provided as required.
K-1.5 Placement of buildings and structures.
1.
All buildings and structures shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
2.
The following shall not be placed or caused to be placed in the floodplain zoning districts: structures or other matter which may impede, retard or change the direction of the flow of water, or may catch or collect debris carried by such water, or is placed where the natural flow of the stream or floodwaters would carry the same downstream to the damage or detriment of either public or private property adjacent to the floodplain.
K-1.6 Anchoring.
1.
All new construction and substantial improvements shall be firmly anchored to prevent flotation, collapse and lateral movement, thus reducing the threat to life and property and decreasing the possibilities of the blockage of bridge openings and other restricted sections of the watercourse.
2.
All air ducts, large pipes and storage tanks located at or below the first-floor level shall be firmly anchored to prevent flotation.
K-1.7 Floors, walls and ceilings.
1.
Wood flooring used at or below the first-floor level, where such first floor is below two feet above the height of the one-hundred-year flood, shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without incurring structural damage to the building.
2.
All finished flooring used at or below the first-floor level, where such first floor is below two feet above the height of the one-hundred-year flood, shall be made of materials which are dimensionally stable and resistant to water damage resulting from submersion for at least a forty-eight-hour period.
3.
All carpeting or carpet cushions employed as a finished flooring surface at or below a first-floor level which is below two feet above the height of the one-hundred-year flood shall be made of materials which are resistant to water damage resulting from submersion for at least a five-day period.
4.
Plywood used at or below a first-floor level which is below two feet above the height of the one-hundred-year flood shall be of any exterior or marine grade and of a water-resistant or waterproof variety.
5.
Basement ceilings in nonresidential structures shall have sufficient wet strength and be so installed as to survive inundation.
6.
Window frames, door frames and door jambs used at or below a first-floor level which is below two feet above the height of the one-hundred-year flood shall be made of metal.
K-1.8 Electrical systems.
1.
All electric water heaters, electric furnaces, air-conditioning and ventilating systems and other critical electrical installations shall be permitted only at elevations of two feet or more above the height of the one-hundred-year flood.
2.
No electrical distribution panels shall be allowed at an elevation less than three feet above the height of the one-hundred-year flood.
3.
Separate electrical circuits shall serve lower levels and shall be dropped from above.
K-1.9 Plumbing.
1.
Water heaters, oil- and gas-fired furnaces and other critical mechanical installations shall be permitted only at elevations of two feet or more above the height of the one-hundred-year flood, except where the structural characteristics of an existing building make it impractical to place such equipment in accordance with the provisions of this subsection.
2.
No part of any on-site sewage disposal system shall be constructed within the floodplain zoning districts.
3.
Water supply systems and sanitary sewage systems shall be designed to preclude infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
4.
All gas and oil supply systems shall be designed to preclude the infiltration of floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
K-1.10 Paints and adhesives.
1.
Adhesives used at or below a lowest floor level which is below two feet above the height of the one-hundred-year flood shall have a bonding strength that is unaffected by inundation.
2.
Doors and all wood trim at or below a lowest floor level which is below two feet above the height of the one-hundred-year flood shall be sealed with a waterproof paint or similar product.
3.
Paints or other finishes used at or below a lowest floor level which is below two feet above the height of the one-hundred-year flood shall be capable of surviving inundation.
K-1.11 Storage.
1.
No materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life shall be stored below an elevation two feet above the height of the one-hundred-year flood, except where such storage occurs within a building floodproofed in accordance with the requirements of Subsection 1.1 of these regulations.
2.
Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored.
K-1.12 Openings into buildings. The lowest opening to all new construction and substantial improvements shall be at least one foot above the crown of the nearest street.
SECTION K-2
ADMINISTRATION
K-2.1 Provided information. To ensure that the aforementioned flood damage controls are being employed in the erection of any building, structural addition or any substantial improvement or alteration of any building or structure or portion thereof within the floodplain zoning districts, the City Codes Administrator shall provide the applicant with the approximate height of the one-hundred-year flood at the proposed construction site and the location of the proposed construction with regard to the same.
K-2.2 Required information. The Codes Administrator shall require the following specific information to be included as part of an application for a building permit within the one-hundred-year floodplain:
1.
A plan which details the size of the structure, finished ground elevation, finished floor elevation, hydrostatic flood load on walls and floors, condition of soil under and around foundation, types of wall and floor construction, materials and finishes, power source and elevations, water supply, sanitary facilities and all floodproofing measures.
2.
A document certified by a registered professional engineer or architect that adequate precautions against flood damage have been taken with respect to the design of any building or structure and that the plans for the development of the site adhere to the provisions of the City Building Code, as amended.
SECTION K-3
SPECIAL DEFINITIONS
As used in this appendix, certain terms are defined as follows:
FILL. The placing, storing or dumping of any material, including but not limited to earth, clay, sand, or rubble, upon the surface of the ground which results in increasing the natural ground surface elevation.
FLOODPLAIN ZONING DISTRICTS. The flood hazard areas of the City delineated by the one-hundred-year flood and includes the floodway, fringe, approximate floodplain and shallow floodplain.
FLOODPROOFING. A combination of structural changes and/or adjustments incorporated in the design and/or construction and alteration of individual buildings, structures or properties subject to flooding, primarily for the reduction or elimination of flood damage.
HEIGHT OF ONE-HUNDRED-YEAR FLOOD. The highest level of the one-hundred-year flood at a particular point or location within the floodplain zoning districts.
HYDRODYNAMIC LOADS. Those loads or pressures which are primarily lateral in nature. As the floodwaters flow around a structure at moderate to high velocities, they impose additional loads on the structure. These loads consist of frontal impact by the mass of moving water against the projected width of the obstruction represented by the structure, drag effect along the sides of the structure and eddies or negative pressures on the downstream side.
HYDROSTATIC LOADS. Those loads or pressures, at any point of floodwater contact with the structure, which are equal in all directions and always act perpendicular to the surface on which they are applied. Pressures increase in direct proportion to the depth of headwater above the point under consideration. The summation of pressures over the surface under consideration represents the load acting on that surface. For structural analysis purposes, hydrostatic loads are defined to act vertically downward on structural elements such as roofs, decks and similar overhead members having a depth of water above them; vertically upward, causing uplift, when they act at the underside of generally horizontal members such as slabs and footings, so the net effect is upward; and laterally when they act in a horizontal direction on walls, piers and similar vertical structural elements. It is assumed that hydrostatic conditions prevail for still water and water moving with a velocity of less than five feet per second.
IMPACT LOADS. Those loads which are induced on the structure by solid objects and masses carried by or floating on the moving water surface. These loads are the most difficult to predict and define with any degree of accuracy, yet reasonable allowances must be made for these loads in the design of affected buildings and structures. Consideration should be given to existing and potential debris problems at the site and to the degree of exposure of the structure in relationship to its general setting.
ONE-HUNDRED-YEAR FLOOD The highest level of flooding that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year).
STRUCTURE. Anything constructed or erected on the ground, or attached to the ground, including but not limited to docks, dikes, fences, mobile homes, sheds and buildings.
SUBSTANTIAL IMPROVEMENT OR ALTERATION. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement is started; or, if the structure has been damaged and is being restored, the value before the damage occurred. A substantial improvement is started when the first alteration of the structure commences.
SECTION K-4
VARIANCES
K-4.1 General. If compliance with any of the requirements of this appendix would result in an exceptional hardship to a prospective builder, developer or landowner, the City may, upon request, grant relief from the strict application of the requirements.
K-4.2 Procedures. Requests for variances shall be considered by the City in accordance with the following procedures:
1.
No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-hundred-year-flood elevation.
2.
Except for a possible modification of the two-foot freeboard requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit or to development which may endanger human life.
3.
If granted, a variance shall involve only the least modification necessary to provide relief.
4.
In granting any variance, the City shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this appendix.
5.
Whenever a variance is granted, the City shall notify the applicant, in writing, that:
A.
The granting of the variance may result in increased premium rates for flood insurance; and
B.
Such variances may increase the risks to life and property.
6.
In reviewing any request for a variance, the City shall consider, at a minimum, the following:
A.
That there is good and sufficient cause;
B.
That failure to grant the variance would result in exceptional hardship to the applicant; and
C.
That granting of the variance will neither result in an unacceptable or prohibited increase in flood heights, or additional threats to public safety or extraordinary public expense, nor create nuisances, cause fraud on, or victimize the public or conflict with any other applicable state or local ordinances and regulations.
7.
A complete record of all variance requests and related actions shall be maintained by the City. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.
K-4.3 Flood resistance. Notwithstanding any of the above, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood.
SECTION K-5
ZONING CODE
Nothing herein shall be construed to repeal or supersede Chapter 7-329, Floodplain Overlay District, of the Codified Ordinances.
[1]
Editor's Note: This ordinance also repealed former § 8-101.3, Amendments to adopted code, as amended by Ord. Nos. 54-1990, 1-1992, 17-1994 and 9-1996.

§ 8-101.4 Fees.

A. 
No permit as required by this code shall be issued until the fee prescribed in this section has been paid. No amendment to a permit shall be approved until the additional fee, if any, due to an increase in the estimated cost of the construction or alteration has been paid.
B. 
For a permit for the construction, alteration or repair of any building or structure, there shall be a permit fee. The permit fee shall be at the rate of $50 for the first $1,000 of estimated cost, and $8 for each $1,000 of estimated cost exceeding $1,000. The fee for a renewal of a permit shall be equal to 1/2 of the original permit fee.
[Ord. No. 17-1994; amended 11-12-2002 by Ord. No. 25-2002; 6-11-2013 by Ord. No. 8-2013]
C. 
For a permit for the removal of a building or structure from one lot to another or to a new location within the same lot, the fee shall be $100, plus $5 per $1,000 of the estimated cost of new foundation and of work necessary to put the building or structure in usable condition in its new location.
D. 
For a permit for the demolition of a building or structure, the fee shall be at the rate of $40 for the first $1,000 of the estimated cost and an additional $30 for each additional estimated cost of $1,000.
[Amended 11-12-2002 by Ord. No. 25-2002; 6-11-2013 by Ord. No. 8-2013]
E. 
In cases of abandonment or discontinuance, the cost of work performed under a permit shall be estimated, an adjustment of the fee made and the portion of the fee for uncompleted work returned to the permit holder, provided that no refund of a prescribed minimum fee shall be made. If discontinuance is due to the lawful revocation of a permit, a similar adjustment and return shall be made. No refund shall be made until all penalties lawfully incurred or imposed have been collected. After a refund has been made, work shall not be resumed until a new application has been made and a new permit has been issued.
F. 
The term "estimated cost," as used in this section, means the reasonable value of all services, labor, materials, and use of scaffolding and other appliances or devices for entering into and necessary to the execution and completion of the work so that the building or structure is readily usable, provided that the cost of excavation or grading and of painting, decorating or other work that is merely for embellishment or not necessary for the safe and lawful use of the building or structure is not deemed a part of such estimated cost.
G. 
If work has been performed prior to the application for a building permit required by this code being filed, the applicant shall pay an administrative fee equal to the amount charged for a permit to cover costs for review and inspection of work already performed.
[Ord. No. 17-1994]

§ 8-101.5 More restrictive provisions to control.

Whenever any provision or requirement of the Commonwealth Department of Labor and Industry is more stringent or stricter than a provision or requirement of the City Building Code, the applicable provision or requirement of the regulations of the Department of Labor and Industry shall supersede any such provision or requirement of the Building Code.

§ 8-101.6 Conditions on issuance of building permit.

[Ord. No. 52-1991]
A. 
Prior to receipt of a building permit, any new developer who is mandated by law to submit a stormwater management plan to the City shall apply for approval of the same to the City Engineer.
B. 
No building permit shall be issued without said plan receiving the final approval of the City Engineer.
C. 
This requirement is in addition to and not a substitute for any other conditions currently imposed by law upon the issuance of said building permit.

§ 8-101.7 Appeals.

[Ord. No. 15-1995]
Any person, firm, corporation, association or other entity who is aggrieved with the ruling, decision, or action of any department, bureau, or division of the City in regard to the administration or enforcement of this code may appeal the ruling, decision or action complained of to the Building and Housing Code Board of Appeals in the manner and in accordance with the procedures set forth in Chapter 8-501.

§ 8-101.99 Penalty.

[Ord. No. 17-1994; amended 9-23-2003 by Ord. No. 25-2003]
A. 
Any person, whether individually or as a member or employee of a partnership, or any officer, agent or employee of a corporation who directs or knowingly permits any violation of any of the provisions of the sections of this Building Code, or who aids or assists therein, either on his/her own behalf or in the interests of his/her employer or principal, or who fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved in accordance with this code or any certificate of approval issued thereto and from which no appeal has been taken, or who fails to comply with such order as affirmed or modified by the City shall, upon conviction thereof, severally and for each violation and noncompliance, respectively, be fined not less than $50 nor more than $1,000, plus costs, or shall be imprisoned in the Dauphin County Prison for not more than 90 days for each separate violation, or both. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all persons required to do so shall correct and remedy violations or defects within a reasonable time, and, when not otherwise specified, each five days that the prohibited conditions are maintained shall constitute a separate offense.
[Amended 4-9-2013 by Ord. No. 3-2013]
B. 
The application of the above penalty shall not prevent the enforced removal of the prohibited conditions or device, or any other remedy at law or equity available to the City for enforcement of this chapter.