[Ord. 2004-02, 6/15/2004, § 1]
Plumstead Township, Bucks County, Pennsylvania, hereby elects
to administer and enforce the provisions of the Pennsylvania Construction
Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 through
7210.1103, as amended from time to time, and its regulations.
[Ord. 2004-02, 6/15/2004, § 2]
The Uniform Construction Code, contained within Title 34 Pa.
Code, Chapters 401 through 405, as amended from time to time, is hereby
adopted and incorporated herein by reference as the municipal Building
Code for Plumstead Township, Bucks County, Pennsylvania.
[Ord. 2004-02, 6/15/2004, § 3]
Administration and enforcement of the Code within Plumstead
Township shall be undertaken, as determined by the Board of Supervisors
for Plumstead Township, Bucks County, Pennsylvania, in accordance
with the regulations of the Pennsylvania Construction Code Act.
[Ord. 2004-02, 6/15/2004, § 4]
1.
Creation of Appeals Board. A Building Code Board of Appeals (hereinafter
"Appeals Board") is hereby established in conformity with the requirements
of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S.
§§ 7210.101 through 7210.1103; Section 501(c) and Title
34 Pa. Code, § 403.121. The Appeals Board shall hear and
rule on appeals, request for variances and requests for extensions
of time.
2.
Appointment of Members. The Appeals Board shall consist of five members
appointed by the Board of Supervisors as follows. After the initial
appointments, each new member shall serve for five years or until
a successor has been appointed.
3.
Qualification of Members. The members of the Appeals Board shall,
in the discretion of the Board of Supervisors, 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 or training or experience
as an inspector or plan reviewer. No member of the Board of Supervisors
nor any code inspector employed by the Township may serve on the Appeals
Board. If the Board of Supervisors is unable to find a sufficient
number of qualified individuals who reside within the Township, it
may appoint a qualified person who resides outside of the Township
to fill a position.
4.
Alternate Members. The Board of Supervisors shall appoint two alternate
members who shall be called by the Appeals Board Chairperson to hear
appeals in the event of the absence of disqualification of a member.
Alternate members shall possess the qualifications required for board
membership and shall be appointed for five years or until a successor
has been appointed.
5.
Intergovernmental Cooperation. The Board of Supervisors is hereby
authorized to enter into an intergovernmental cooperation agreement
with one or more municipalities to create an Appeals Board.
6.
Chairperson and Secretary. The Appeals Board shall annually select
one of its members to serve as Chairperson and Secretary. The Secretary
shall file a detailed record of all proceedings in the office of the
Township Manager.
7.
Disqualification of Member. A member of the Appeals Board shall not
hear an appeal in which that member has any personal, professional
or financial interest.
8.
Operation of Board of Appeals. The procedure for conduct of hearing
and notices of hearings, shall be established by resolution of the
Board of Supervisors and shall be consistent with Pennsylvania law
and regulations of the Pennsylvania Department of Labor and Industry.
[Ord. 2004-02, 6/15/2004; § 5]
1.
All ordinances and/or resolutions, or parts thereof, which have previously
been adopted by Plumstead Township on or before July 1, 1999, and
which are equal to or exceed the requirements of the Code shall remain
in full force and effect until such time as the provisions of these
ordinances fail to equal or exceed the minimum requirements of the
Code, as amended from time to time. The ordinance provisions, which
are hereby saved from repeal, but are not limited to:
A.
Ordinance 96-4-2, adopted on April 23, 1996, and codified as Chapter 5, Part 1, of the Plumstead Township Code adopting the BOCA National Building Code, 1993 Edition, the BOCA National Fire Prevention Code, 1993 Edition, the BOCA National Mechanical Code, 1993 Edition, the BOCA National Plumbing Code, 1993 Edition, the NFPA National Electrical Code, 1996 Edition and the CABO One- and Two-Family Dwelling Code, 1992 Edition. Ordinance 96-4-23 specifically includes, but is not limited to, the following regulations:
(1)
BOCA National Building Code.
(a)
Ordinance 96-4-23, § 4.(15) which requires one-hour
fire resistance protection in private garages;
(b)
Ordinances 96-4-23, § 4.(16) which requires 3/4-hour
fire door assemblies in private garages;
(c)
Ordinance 96-4-23, § 4.(17) which requires panic hardware
in special amusement building and weekly inspections thereof;
(d)
Ordinance 96-4-23, § 4.(18) which requires alarm devices
with primary and battery power for private swimming pools, spas and
hot tubs;
(e)
Ordinance 96-4-23, § 4.(19) which requires tenant
space for one-hour fire separations.
(f)
Ordinance 96-4-23, § 4.(21) which requires fire suppression
systems in Use Group A-2;
(g)
Ordinance 96-4-23, § 4.(23) which requires fire suppression
systems in Use Group M, S-1 and F-1;
(h)
Ordinance 96-4-23, § 4.(24) which requires fire suppression
systems in Use Group B;
(i)
Ordinance 96-4-23, § 4.(25) which requires fire suppression
systems in Use Group R-1, R-3 and R-4, except single-family detached
dwellings and individual buildings containing less than two dwelling
units which are separated by at least 30 feet; and
(j)
Ordinance 96-4-23, § 4.(28) which requires fire detection
systems in Use Groups A-1, A-2, A-3, A-4, B, E, F-1, F-2, M, S-1 and
S-2 with certain exceptions.
B.
Ordinance 98-11-17-3 codified at the Plumstead Township Code Chapter 5, Part 1, § 5-104 F through N which requires site plans, first floor as-builts and certificates, erosion and sediment control plans, grading plans, site plan review, sets forth general grading requirements and further requires a compliance escrow and contractor registration.
2.
All ordinances and/or resolutions, or parts thereof, which have previously
been adopted by Plumstead Township that are in effect as of the effective
date of this Part and whose requirements are less than the minimum
requirements of the Code are hereby amended to conform with the comparable
provisions of the Code.
3.
All other ordinances, resolutions, regulations and policies of Plumstead
Township not governed by the Code shall remain in full force and effect.
[Ord. 2004-02, 6/15/2004, § 6]
This code may be changed and/or modified by the Board of Supervisors
of Plumstead Township in accordance with the Pennsylvania Construction
Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 through
7210.1103, Section 503.
[Ord. 2004-02, 6/15/2004, § 7]
A Fee Schedule assessable by Plumstead Township for the administration
and enforcement undertaken pursuant to this Part and the Code shall
be established by the Board of Supervisors of Plumstead Township by
resolution, from time to time.[1]
[1]
Editor's Note: The Fee Schedule is on file in the Township
offices.
[Ord. 2004-02, 6/15/2004, § 8]
In accordance with Section 403.102(1) of Title 34, Part XIV,
Chapter 403, the following regulations set forth in the Pennsylvania
Code are amended as set forth below:
A.
Section 403.43(g), delete the words "5 years" and replace with the
words "3 years."
B.
Section 403.43(h), "The permit holder shall keep a copy of the permit
on the work site until the completion of the construction or the issuance
of a use and occupancy permit, whichever comes later."
C.
Section 403.62(c).(1).(xvii) is deleted in its entirety.
D.
Section 403.64(d), delete numbers 1 through 4 and replace with the
following:
E.
34 Pa. Code § 403.82 is hereby amended to read as follows:
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A building code official shall follow the following procedures
if an inspection of an occupied building reveals a violation of the
Uniform Construction Code:
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(1)
A construction code official shall discuss the inspection results
with the permit holder at the completion of the inspection.
(2)
The Building Code Official may issue a written notice of violations
to the permit holder. The notice is to contain a description of the
violations and an order requiring correction of the violations within
a reasonable period determined by the Building Code Official. When
a violation relates to an unsafe building, structure or equipment,
a Building Code Official shall act in accordance with Section 403.84
(relating to unsafe building, structure or equipment).
(3)
After the compliance date contained in the order, the Building Code
Official shall inspect the building, structure or equipment to determine
whether the violation was corrected. The Building Code Official shall
close the order if the violation was corrected. The Building Code
Official may issue an order to show cause under Section 403.83 (relating
to order to show cause/order to vacate) to the owner for a violation
that was not corrected.
[Ord. 2004-02, 6/15/2004, § 9]
All other ordinances and/or resolutions, or parts thereof, which
are in conflict with this Part are hereby repealed.
[Ord. 2004-02, 6/15/2004, § 10]
Nothing in this Part or in the Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action required or existing, under any Act or ordinance hereby repealed as cited in § 5-209 of this Part, nor shall any just or legal right of remedy of any character be lost, impaired or affected by this Part.
