Township of Birmingham, PA Chapter 47 Construction Codes, Uniform

[HISTORY: Adopted by the Board of Supervisors of the Township of Birmingham 6-7-2004 by Ord. No. 04-02. Amendments noted where applicable.]

§ 47-1 Repealer.

Except as specified in § 47-5 of this chapter, former Chapter 47 of the Birmingham Township Code (the "Code") is deleted in its entirety and replaced with the provisions adopted herein.

§ 47-2 Election to administer and enforce.

A. The Township hereby elects to administer and enforce the Act and the regulations promulgated under the Act which are found at 34 Pa. Code Chapters 401 through 405 (“the regulations”), as the same are amended from time to time, as the Township's Building Code. The Township shall notify the Department within 30 days of adoption of this chapter that the Township has elected to administer and enforce the Act in accordance with this chapter.

B. By electing to adopt, administer and enforce the Act, the Township hereby adopts and incorporates as fully as if set out at length herein Chapters 1 through 29 and 31 through 35 of the International Building Code, 2018 Edition ("IBC 2018") as now and as hereafter supplemented, reissued, amended and revised and its successor building codes, as published by the International Code Council, Inc., as the Township's Building Code. Not fewer than three copies of the International Building Code, 2018 Edition, have been and now are filed in the office of the Secretary of the Township of Birmingham and may be examined there without charge. If any provision in Chapter 1 of the IBC 2018 which governs the administration of the Building Code is inconsistent with the regulations, the provisions in the regulations shall govern the administration and enforcement of the Building Code.

C. The Township hereby adopts and incorporates as fully as if set out at length herein the following Appendices of the IBC 2018, as now and as hereafter supplemented, reissued, amended and revised, and its successor appendices as published by the International Code Council, Inc.:

Appendix E - titled, "Supplementary Accessibility Requirements"; and

Appendix G - titled, "Flood Resistant Construction."

§ 47-3 Additions, insertions and changes.

The following sections of the IBC 2018 are hereby amended and revised as follows:

A. Section 101.1 is amended by the insertion of "Birmingham Township" in the "[NAME OF JURISDICTION]" blank.

B. The title to Section 103 shall be amended to read as follows:

"SECTION 103 BUILDING CODE OFFICIAL."

C. Section 103.1 shall be amended to read as follows:

“103.1 Creation of enforcement agency. The Board of Supervisors shall by resolution appoint a Building Code Official who shall be certified by the Commonwealth of Pennsylvania under the Act. The Building Code Official shall be responsible for administration and enforcement of this code."

D. Section 103.2 shall be deleted.

E. Section 103.3 shall be revised to read as follows:

“103.3 Deputies. The Board of Supervisors shall appoint such number of officers, technical assistants, inspectors and other employees as shall be necessary for the administration of this code. The Board may designate one or more deputies who shall and may exercise all of the powers of the Building Code Official during the temporary absence or disability of the Building Code Official."

F. Section 108.2 is amended to read as follows:

"108.2 Schedule of permit fees. Fees for each plan examination and building permit, including the moving or demolition of buildings and structures, shall be paid in advance in accordance with the fee schedule established by resolution duly adopted by the Board of Supervisors of Birmingham Township as the same may from time to time be amended."

G. Section 113.4 shall be amended to read as follows:

"113.4. Violation penalties. Any person who violates or permits the violation of any provision of this chapter or who shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair any building or structure in violation of either an approved plan, a directive of the Building Official or of a permit or certificate issued under the provisions of this chapter shall, upon conviction thereof in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be subject to the payment of a fine of not less than $100 and not more than $1,000, plus the costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. Each section or provision of this chapter that is violated shall constitute a separate offense, and each day or portion thereof in which a violation of this chapter is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the Magisterial District Judge of not less than $100 and not more than $1,000, plus the costs of prosecution, or upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. All fines and penalties collected for the violation of this chapter shall be paid to the Township Treasurer."

H. Section 1612.3 is amended by the insertion of "Birmingham Township" in the "[NAME OF JURISDICTION]" blank and "November 20, 1996," in the "[DATE OF ISSUANCE]" blank.

I. Section 3410.2 is amended by the insertion of "February 1, 1973," in the "[DATE TO BE INSERTED BY THE JURISDICTION]" blank.

§ 47-4 Administration.

The Building Code shall be administered and enforced by the Building Code Official who shall be appointed by resolution of the Board of Supervisors.

§ 47-5 Provisions of existing Building Code which shall remain in effect.

Pursuant to Section 104(d)(1) of the Act, the Township may keep in full force and effect any provisions of the Township's existing Building Code which were in effect on or before July 1, 1999, or reenactments of simultaneously repealed ordinances which were originally adopted before July 1, 1999, provided that such provisions meet or exceed the Act. Under such authority, the Township intends to keep in full force and effect the following provision in its existing Building Code which meets or exceeds the standards in the Act:

A. Section 1805.4.2.1 of the IBC 2018 shall be amended to read as follows:

"1805.4.2.1 Concrete strength. Concrete in footings shall have a specified compressive strength of not less than 3,000 pounds per square inch at 28 days."

B. Section 1805.4.2.3 of the IBC 2018 shall be amended by deleting the exception.

C. Section 1806.1 shall be amended by adding the following sentence: "All retaining walls supporting the lateral pressure of earth shall be designed by a Pennsylvania registered engineer."

§ 47-6 Building permit required for structures and buildings accessory to single-family dwelling.

[Added 12-15-2008 by Ord. No. 08-04]

Notwithstanding the provisions of the Uniform Construction Code, 34 Pa. Code § 403.1(b)(3), a building permit shall be required for all structures and buildings which are accessory to a single-family dwelling which have an area greater than 250 square feet.

§ 47-7 Building permit required for all unenclosed decks.

[Added 12-15-2008 by Ord. No. 08-04]

Notwithstanding the provisions of the Uniform Construction Code and the regulations issued pursuant thereto, a building permit shall be required for all unenclosed decks.