[HISTORY: Adopted by the Borough Council of the Borough of
Kenhorst 4-1-2004 by Ord. No. 487 (Ch. 5, Part 8, of the 1973 Code of
Ordinances). Amendments noted where applicable.]
A.
The Borough of Kenhorst hereby elects to administer and enforce the
provisions of the Pennsylvania Construction Code Act, Act 45 of 1999,
35 P.S. §§ 7210.101 to 7210.1103, as amended from time
to time, and its regulations.
B.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401 to 405, as amended from time to time, is hereby adopted and incorporated
herein by reference as the municipal building code of this Borough.
[Amended 6-5-2008 by Ord. No. 522]
A.
Administration and enforcement of the Code within this Borough shall
be undertaken in any of the following ways as determined by the Council
of this Borough from time to time by resolution:
(1)
By the designation of an employee of the Borough to serve as the
municipal code official to act on behalf of the Borough.
(2)
By the retention of one or more construction code officials or third-party
agencies to act on behalf of the Borough.
(3)
By agreement with one or more other municipalities for the joint
administration and enforcement of this Act through an intermunicipal
agreement.
(4)
By entering into a contract with another municipality for the administration
and enforcement of this Act on behalf of this Borough.
(5)
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.
B.
In addition to all types of construction, placement of structures,
repairs, and alterations for which the Uniform Construction Code requires
a permit, the Borough, pursuant to the authorization of Act 92 of
2004, shall require persons to obtain permits under the Borough of
Kenhorst construction code for all of the following:
(1)
The construction, erection, or placement of any accessory structure,
which is equal to or greater than 400 square feet, whether or not
such accessory structure is connected to any utility.
(2)
The construction, erection, or placement of any accessory structure,
which is less than 400 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.
(3)
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:
(a)
Replacement of windows and doors when there is no change in
size of the existing opening.
(b)
Re-roofing of less than 25% of the total existing roof square
footage; however, when more than 25% of the roof must be replaced,
a permit is required and all existing roofing materials must be removed
to the sheeting, which must also be replaced if any defects are evident.
Sheeting replacement shall be minimum one-half-inch industrial plywood.
Other sheeting materials shall be replaced, in kind, to form finish
surface for replacement.
(c)
Replacement of 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.
(d)
Addition or replacement of siding on the exterior of the residential
structure.
(e)
Repair or replacement of any nonstructural portion of a deck
or porch stoop.
(f)
Replacement of an appliance switch or receptacle with a switch
or receptacle, which is the same or has a like rating.
(g)
The addition of one application switch or receptacle.
(h)
The repair or replacement of any nonstructural member.
(i)
The repair or replacement of any sink, toilet, tub, shower,
or similar plumbing fixture without relocation of any drain or venting
device.
A Board of Appeals shall be established by resolution of the
Council of the Borough of Kenhorst in conformity with the requirements
of the relevant provisions of the code, as amended from time to time,
and for the purpose set forth therein. If at any time enforcement
and administration is undertaken jointly with one or more other municipalities,
said Board of Appeals shall be established by joint action of the
participating municipalities.
A.
All building code ordinances or portions of ordinances which were
adopted by this Borough on or before July 1, 1999, and which equal
or exceed the requirements of the code shall continue in full force
and effect until such time as such provisions fail to equal or exceed
the minimum requirements of the code, as amended from time to time.
B.
All building code ordinances or portions of ordinances which are
in effect as of the effective date of this chapter and whose requirements
are less that the minimum requirements of the code are hereby amended
to conform with the comparable provisions of the code.
C.
All relevant ordinances, regulations and policies of this Borough
not governed by the code shall remain in full force and effect.
Fees assessable by the Borough for the administration and enforcement
undertaken pursuant to this chapter and the code shall be established
by the Council of the Borough of Kenhorst by resolution from time
to time.
