[Ord. 681-2004, 7/7/2004, § 1]
East Pennsboro Township, Cumberland County, hereby elects to
administer and enforce the provisions of the Pennsylvania Construction
Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 – 7210.1103,
as amended from time to time, and its regulations.
[Ord. 681-2004, 7/7/2004, § 2]
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401-405, as amended from time to time, is hereby adopted and incorporated
herein by reference as the municipal building code of East Pennsboro
Township.
[Ord. 681-2004, 7/7/2004, § 3]
1.
Administration and enforcement of the code within East Pennsboro
Township shall be undertaken in any of the following ways as determined
by the Board of Commissioners, the governing body of East Pennsboro
Township from time to time by resolution:
A.
By the designation of an employee of East Pennsboro Township to serve
as the municipal code official to act on behalf of East Pennsboro
Township.
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of East Pennsboro Township.
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of this Part through an intermunicipal
agreement.
D.
By entering into a contract with another municipality for the administration
and enforcement of this Part on behalf of East Pennsboro Township.
E.
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.
[Ord. 681-2004, 7/7/2004, § 4]
A Board of Appeals shall be established by resolution of the
Board of Commissioners, the governing body of East Pennsboro Township,
in conformity with the requirements of the relevant provisions of
the code, as amended from time to time, and for the purposes 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.
[Ord. 681-2004, 7/7/2004, § 5]
1.
All building code ordinances or portions of ordinances which were
adopted by East Pennsboro Township 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.
2.
All building code ordinances or portions of ordinances which 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 to the comparable provisions of the code.
3.
All relevant ordinances, regulations and policies of East Pennsboro
Township not governed by the code shall remain in full force and effect.
[Ord. 681-2004, 7/7/2004, § 6]
Fees assessable by East Pennsboro Township for the administration
and enforcement undertaken pursuant to this Part and the code shall
be established by the Board of Commissioners, the governing body of
East Pennsboro Township, by resolution from time to time.
[Ord. 681-2004, 7/7/2004, § 7; as added by Ord. 691-2005, 4/20/2005, § I]
1.
Pursuant to Pennsylvania Construction Code Act, 53 P.S. § 7210.503(c),
as amended by Act 92 of 2004, 53 P.S. § 7210.503(c), the
following regulations are hereby enacted to provide for municipal
regulations that are more stringent than standards contained in the
UCC administrative and enforcement regulations:
A.
The exclusion from UCC application to carports, detached private
garages, greenhouses, and sheds that are accessory to a detached one-family
dwelling, and having a building area less than 1,000 square feet,
contained in UCC, § 403.1(b)(3), is hereby amended to exclude
these same structures when the building area is less than 200 square
feet, provided that these same structures are not equipped with nonportable
heating or cooling equipment or electric, water or sewer service.
B.
The exclusion from UCC application to alterations to residential
buildings which do not make structural changes or changes to means
of egress, contained in § 104(B)(5) of Act 92 of 2004, 53
P.S. § 7210.104(B)(5), is hereby deleted. Permit exclusions
stated in § R105.2 of the IRC, 2003 edition, shall apply.
C.
The exclusions from UCC application to repairs to residential buildings,
contained § 104(B)(6) of Act 92 of 2004, 53 P.S. § 7210.104(B)(6),
is hereby deleted. Permit exclusions stated in § R105.2
of the IRC, 2003 edition, shall apply.
D.
The exemption from UCC applications to installation of residential
decks contained in UCC § 403.62(c)(xvii) is hereby amended
to read "Installation of a detached, uncovered deck where the entire
floor level of the deck is not more than 30 inches above grade."
[Ord. 681-2004, 7/7/2004, § 8; as added by Ord. 714-2006, 7/5/2006]
1.
Pursuant to UCC § 403.102(1), the following regulations
are hereby enacted to facilitate municipal administration and enforcement
of the UCC, including insertion of local climatic data and geographic
information.
A.
The text of the 2003 International Building Code, adopted as a referenced
standard by the UCC, is hereby amended as follows:
(1)
Section 1612.3 shall be amended to insert "East Pennsboro Township"
and "May 21, 1973" (referenced in East Pennsboro Township Ord. 258-73,
Part 3, § 53).
(2)
Section 1805.2.1 shall be deleted and replaced with the following
text:
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1805.2.1 Frost Protection. Extending below the frost line of
East Pennsboro Township, which shall extend a minimum of 36 inches
in depth, measured from the bottom of the footing to the grade surface.
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B.
The text of the 2003 International Residential Code for One- and
Two-Family Dwellings, adopted as a referenced standard by the UCC,
is hereby amended as follows:
(1)
Section 101.1, Title, shall be amended to insert "East Pennsboro
Township" in the relevant space.
(2)
Sections 103.1, 103.2, and 103.3 shall be deleted in their entirety
and replaced with the following:
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103.1 Enforcement agency. The Department of Housing and Community
Development shall be charged with the task of administering this code.
The executive official in charge thereof shall be known as the "Building
Official." The Board of Commissioners shall appoint the Building Official
and his designees.
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(3)
Table R301.2(1) is amended to insert the appropriate climatic
data and geographic design criteria, as follows:
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Ground snow load = 30 psf.
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Wind speed = 90 mph.
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Seismic design category = B.
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Weathering of concrete probability = severe.
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Frost line depth = 36".
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Termite probability = moderate to heavy.
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Decay probability = slight to moderate.
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Winter design temperature = 10° F.
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Ice shield underlayment required = yes.
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Flood hazards = Consult (date) FIRM and FBFM.
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Air freezing index = 784.
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Mean annual temperature = 53.1° F.
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(4)
Section P2603.6.1 shall be deleted and replaced with the following:
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P2603.6.1 Sewer depth. Building sewer shall be a minimum of
36 inches below grade.
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(5)
Section P3103.1, Roof Extension, shall be amended to insert
"12" as the number of inches that a vent pipe shall extend above a
roof through which it penetrates, and also inserting "12" as the number
of inches that a roof-penetrating vent pipe shall extend above anticipated
snow accumulation.
C.
The text of the 2003 International Plumbing Code, adopted as a referenced
standard by the UCC, is hereby amended as follows:
(1)
Section 101.1, Title, is amended to insert "East Pennsboro Township"
in the relevant space.
(2)
Sections 103.1, 103.2, and 103.3 shall be deleted in their entirety
and replaced with the following:
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103.1 Enforcement agency. The Department of Housing and Community
Development shall be charged with the task of administering and enforcing
this code. The executive official in charge thereof shall be known
as the "Code Official." The Board of Commissioners shall appoint the
Code Official and his designees.
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(3)
Section 103.4 shall become Section 103.2.
(4)
Section 305.6.1 shall be deleted in its entirety and replaced
with the following:
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305.6.1 Sewer depth. Building sewers shall be a minimum of 36
inches below grade.
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(5)
Section 904.1 shall be amended by inserting "12" as the number
of inches that a vent pipe must extend beyond a roof through which
it penetrates.
D.
The text of the 2003 International Code Council Electrical Code,
adopted as a referenced standard by the UCC, is hereby amended as
follows:
(1)
Section 101.1, Title, shall be amended to insert "East Pennsboro
Township."
(2)
Sections 301.1, 301.2, and 301.3 shall be deleted in their entirety
and replaced with the following:
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301.1 Enforcement agency. The Department of Housing and Community
Development shall be charged with the task of administering and enforcing
this code. The executive official in charge thereof shall be known
as the "Code Official." The Board of Commissioners shall appoint the
Code Official and his designees.
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E.
The text of the 2003 International Mechanical Code, adopted as a
referenced standard by the UCC, is hereby amended as follows:
(1)
Section 101.1, Title, shall be amended to insert "East Pennsboro
Township" in the relevant space.
(2)
Sections 103.1, 103.2, and 103.3 shall be deleted in their entirety
and replaced with the following:
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103.1 Enforcement agency. The Department of Housing and Community
Development shall be charged with the task of administering and enforcing
this code. The executive official in charge thereof shall be known
as the "Code Official." The Board of Commissioners shall appoint the
Code Official and his designees.
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(3)
Section 103.4 shall become Sections 103.2 and 103.2.1, respectively.
F.
The text of the 2003 International Fire Code, adopted as a referenced
standard by the UCC, is hereby amended as follows:
(1)
Section 101.1, Title, shall be amended to insert "East Pennsboro
Township" in the relevant space.
(2)
Sections 103.1, 103.2, and 103.3 shall be deleted in their entirety
and replaced with the following:
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103.1 Enforcement agency. The Department of Housing and Community
Development shall be charged with the task of administering and enforcing
this code. The executive official in charge thereof shall be known
as the "Code Official." The Board of Commissioners shall appoint the
Code Official and his designees.
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(3)
Section 103.4 shall become Sections 103.2 and 103.2.1, respectively.
G.
The text of the 2003 International Energy Conservation Code, adopted
as a referenced standard by the UCC, is hereby amended as follows:
(1)
Section 101.1, Title, shall be amended to insert "East Pennsboro
Township" in the relevant space.
H.
The text of the 2003 International Existing Building Code, adopted
as a referenced standard by the UCC, is hereby amended as follows:
(1)
Section 101.1, Title, shall be amended to insert "East Pennsboro
Township" in the relevant space.
I.
The text of the 2003 International Fuel Gas Code, adopted as a referenced
standard by the UCC, is hereby amended as follows:
(1)
Section 101.1, Title, shall be amended to insert "East Pennsboro
Township" in the relevant space.
(2)
Sections 103.1, 103.2, and 103.3 shall be deleted in their entirety
and replaced with the following:
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103.1 Enforcement agency. The Department of Housing and Community
Development shall be charged with the task of administering and enforcing
this code. The executive official in charge thereof shall be known
as the "Code Official." The Board of Commissioners shall appoint the
Code Official and his designees.
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(3)
Section 103.4 shall become Section 103.2.
[Ord. 738-2007, 5/16/2007; as amended by Ord. 757-2009, 7/1/2009]
The text of the 2006 International Property Maintenance Code®,
First Printing, is hereby revised to read as follows:
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CHAPTER 1
ADMINISTRATION
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SECTION 101
GENERAL
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101.1 Title. These regulations shall be known as
the "Property Maintenance Code of the Township of East Pennsboro,"
hereinafter referred to as "this code."
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101.4 Severability. The provisions of this Part
and of the Property Maintenance Code hereby adopted are declared to
be severable; and if any provision thereof is held or adjudged to
be unconstitutional, illegal or invalid, any such decision shall not
be construed as affecting or impairing any other provision of this
Part or of the Property Maintenance Code hereby adopted, it being
the intent of the Board of Commissioners that this Part and Property
Maintenance Code would have been adopted had such unconstitutional,
illegal or otherwise invalid provision not been included therein.
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101.5, 101.6 and 101.7 are hereby added:
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101.5 Repeal. All ordinances or parts of ordinances
that are inconsistent herewith are hereby repealed.
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101.6 Saving Clause. Nothing in this Part or in
the Basic Property Maintenance Code hereby adopted shall be construed
to affect any suit or proceeding impending in any court and any rights
acquitted, or liability incurred, or any cause or causes of action
acquired or existing, under any act or ordinance; nor shall any just
or legal right or remedy of any character be lost, impaired or affected
by this Part.
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101.7. Adoption. That certain document, one copy
of which is on file in the office of the Secretary of the Township
of East Pennsboro, at the Community and Municipal Center, 98 South
Enola Drive, Enola, Pennsylvania, being marked and designated as the
2006 International Property Maintenance Code®, First Printing,
as published by the International Code Council, Inc., be and is hereby
adopted as the Property Maintenance Code of the Township of East Pennsboro,
Cumberland County, Pennsylvania, for the control of the buildings
and structures as herein provided; and each and all of the regulations,
provisions, penalties, conditions and terms of said Property Maintenance
Code are hereby referred to, adopted, and made a part hereof, as if
fully set out in this Part, with the additions, insertions, deletions
and changes, if any, prescribed in this Part.
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101.8 State Law and Regulations. Whenever any provision
or requirement of the regulations of the Commonwealth of Pennsylvania
is more stringent or stricter than a provision or requirement of this
ordinance, the applicable provision or requirement of the regulations
of the said Commonwealth of Pennsylvania shall supersede any such
provision or requirement of this ordinance.
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SECTION 102
APPLICABILITY
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102.3 Application of Other Codes. Repairs, additions,
or alterations to a structure, or change of occupancy, shall be done
in accordance with the procedures and provisions in the latest edition
of the International Building Code, International Residential Code,
International Existing Building Code, International Plumbing Code,
International Mechanical Code, International Fire Code, International
Fuel Gas Code, and the National Electric Code, NFPA-70/2005, and any
amendments and changes set forth in the latest adopted form of the
Pennsylvania Uniform Construction Code.
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SECTION 103
EAST PENNSBORO DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
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103.1 General. The Department of Housing and Community
Development is hereby created and the executive official in charge
shall be known as the "Code Official."
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103.5 Fees. Reference the most current schedule
of fees and charges as adopted by the Board of Commissioners of East
Pennsboro Township.
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SECTION 104
DUTIES AND POWERS OF THE CODE OFFICIAL
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104.1 General. The Code Official shall enforce
the provisions of this code. The term Code Official shall include,
but not be limited to, the Director of Housing and Community Development,
Zoning Officer, Building Code Official, Building Inspector, Code Compliance
Officer, Code Enforcement Officer, Health Officer, Maintenance Code
Officer, Police Officer, and Community Service Officer. Code Official
shall also include Township Engineer and Fire Marshall or their legal
representatives designated by the Board of Commissioners for enforcement
of §§ 109.1, "Imminent Danger," and § 110.1,
"General Demolition," of this Part.
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104.4 Right of Entry. The Code Official of East
Pennsboro or his/her designated legal representative is authorized
to enter the building, structure or premises at reasonable times to
inspect, subject to constitutional restrictions on unreasonable searches
and seizures. Prior to entering into a space not otherwise open to
the general public, the Code Official of East Pennsboro Township or
his/her designated representative shall make every reasonable effort,
by telephone or letter, to locate the owner or other person having
charge or control of the building, structure or premises, present
proper identification, and request entry. If requested entry is refused
or not obtained, the Code Official shall pursue recourse as provided
by law.
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SECTION 106
VIOLATIONS
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106.4. Violation Penalties. Fines shall be not
more than $1,000. Each day that a violation continues after due notice
has been served, in accordance with the terms and provisions hereof,
shall be deemed a separate offense. If the violation or avoidance
to correct such violation continues, the owner or corporation shall
be prosecuted as defined under 18 Pa.C.S.A. § 7510, "Municipal
Housing Code Avoidance."
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SECTION 111
MEANS OF APPEAL
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111.2 Membership of Board. In order to protect existing structures and properties within East Pennsboro Township by vigorous enforcement of the provisions of this code, there shall be a Board of Appeals which has been set forth in Chapter 1, Part 4B, § 1-411, of the Code of Ordinances of the Township of East Pennsboro. The Board shall consist of five members of the Board of Commissioners of East Pennsboro Township.
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CHAPTER 2
DEFINITIONS
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SECTION 202
GENERAL DEFINITIONS
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Section 202 is hereby revised to include the following
definitions:
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STRICT LIABILITY OFFENSE is hereby deleted from
this chapter.
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CHAPTER 3
GENERAL REQUIREMENTS
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SECTION 302
EXTERIOR PROPERTY AREAS
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302.4 Weeds. The first sentence is hereby revised
to read as follows: All premises and exterior property shall be maintained
free from weeds or plant growth in excess of six inches in height.
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302.8 Motor Vehicles. Except as provided in other
regulations, no inoperable or unlicensed motor vehicle shall be parked,
kept or stored on any premises, and no vehicle shall at any time be
in the state of major disassembly, disrepair or in the process of
being stripped or dismantled. Painting of vehicles is prohibited unless
conducted inside an approved spray booth.
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Exception: A vehicle of any type is permitted to
undergo major overhaul, including body work, provided that such work
is performed inside a building or structure or similarly enclosed
area designed and approved for such purposes.
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The term "premises" in this section shall only apply to the
exterior grounds of a property and shall not include the interior
of an enclosed structure such as a garage or pole building that can
be observed by the public at large. The term "unlicensed" in this
section shall apply to a motor vehicle without a currently valid safety
inspection, license and/or registration.
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SECTION 304
EXTERIOR STRUCTURE
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304.14 Insect Screens. During the period from April
1 to December 15, every door, window and other outside opening required
for ventilation of habitable rooms, food preparation areas, food service
areas or any areas where products to be included or utilized in food
for human consumption are processed, manufactured, packaged or stored
shall be supplied with approved tightly fitting screens of not less
than 16 mesh per inch (16 mesh per 25 mm) and every swinging door
shall have a self-closing device in good working condition.
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Exception: Screens shall not be required where
other approved means, such as air curtains or insect-repellant fans,
are employed.
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CHAPTER 5
PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
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The following section shall be added:
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[P] SECTION 508
SUMP PUMP DISCHARGE
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508.1 General. Pump discharge shall not be discharged
or day lighted upon adjacent private property, public right-of-way,
Township road or Township sanitary sewer system. Sump pump discharge
must be controlled on the lot or property on which the sump pump is
located. Such discharge shall not be in a manner that creates a public
nuisance or hazard. Sump pump discharges may be contained to existing
or proposed stormwater sewers upon written approval of the Township
Engineer.
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CHAPTER 6
MECHANICAL AND ELECTRICAL REQUIREMENTS
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SECTION 602
HEATING FACILITIES
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602.3 Heat Supply. Every owner and operator of
any building who rents, leases or lets one or more dwelling unit,
rooming unit, dormitory or guest room on terms, either expressed or
implied, to furnish heat to the occupants thereof shall supply heat
during the period from September 15 to June 1 to maintain a temperature
of not less than 68° F. (20° C.) in all habitable rooms, bathrooms,
and toilet rooms.
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602.4 Occupiable Work Spaces. Indoor occupiable
work spaces shall be supplied with heat during the period from September
15 to June 1 to maintain a temperature of not less than 65° F.
(18° C.) during the period the spaces are occupied.
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SECTION 606
ELEVATORS, ESCALATORS AND DUMBWAITERS
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Section 606 is hereby deleted.
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CHAPTER 7
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