[HISTORY: Adopted by the Board of Supervisors of the Township of Mount Joy as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-21-2004 by Ord. No. CXCV]
This article shall be known and may be cited as the "Mount Joy Township Construction Code Ordinance."
By Act 45 of 1999, the Pennsylvania Legislature provided for the adoption of a Pennsylvania Uniform Construction Code and directed the Department of Labor and Industry to promulgate regulations for the Uniform Construction Code. In 2002, the Department of Labor and Industry adopted final regulations governing certification and training of persons to administer the Uniform Construction Code, and on January 10, 2004, the Department issued final regulations for the administration of the Uniform Construction Code. The Uniform Construction Code incorporates the International Building Code/2003, the International Residential Code/2003, the International Existing Building Code/2003, the standards incorporated into such publications by reference, and other publications as set forth in the L & I Regulations. The Board of Supervisors desires to adopt and administer the Pennsylvania Uniform Construction Code and establish administrative and enforcement regulations.
In accordance with Section 302 (a) of the Pennsylvania Construction Code Act, this article does not adopt the International Property Maintenance Code and shall not be considered as a property maintenance code. All Township regulations governing the maintenance of properties shall be in ordinances separate and distinct from the Mount Joy Township Construction Code.
[Amended 12-18-2006 by Ord. No. CCXXX]
The Township hereby adopts the standards which the Pennsylvania Department of Labor and Industry has adopted as the Pennsylvania Uniform Construction Code identified in Section 403.21 of the L & I Regulations, as such regulations and standard codes adopted by such regulations may be amended from time to time, as the Mount Joy Township Construction Code with the following additions to the International Building Code/2006 or such future edition of the International Building Code as may be adopted from time to time:
Section 202, Definitions, shall be amended by inserting the following definitions in alphabetical order:
- BOARD OF SUPERVISORS
- The governing body of the Township.
- BUILDING CODE OFFICIAL
- A Township official certified by L & I under Section 103 of the Pennsylvania Construction Code Act. The term includes an individual certified in a category established under Chapter 401 of the L & I Regulations to manage building code enforcement activities, supervise building inspectors or plans examiners, issue building permits, occupancy permits, notice of violations and orders to vacate, and initiate prosecutions.
- CONSTRUCTION CODE OFFICIAL
- A Township official or a third party agency appointed by the Township certified by L & I under Section 103 of the Pennsylvania Construction Code Act in an appropriate category established under Section 701(b) of the Pennsylvania Construction Code Act to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations in that category under the Pennsylvania Construction Code Act or related statutes.
- The Department of Environmental Protection of the Commonwealth of Pennsylvania.
- INTERMUNICIPAL AGREEMENT
- The agreement among Conoy Township, East Donegal Township, Elizabethtown Borough, Marietta Borough, Mount Joy Township and West Donegal Township dated as of July 1, 2002, establishing, inter alia, the Donegal-Elizabethtown Area Appeals Board.
- L & I
- The Department of Labor and Industries of the Commonwealth of Pennsylvania.
- L & I REGULATIONS
- All regulations adopted by L & I to implement the Pennsylvania Construction Code Act.
- PENNSYLVANIA CONSTRUCTION CODE ACT
- Act 45 of 1999, 35 P.S. § 7210.101 et seq., as amended.
- THIRD PARTY AGENCY
- A person or firm duly appointed by the Board of Supervisors to act as the Construction Code Official in the administration of this Construction Code.
- The Township of Mount Joy, Lancaster County, Pennsylvania.
- UNIFORM CONSTRUCTION CODE
- The Code adopted pursuant to the Pennsylvania Construction Code Act and the L & I Regulations.
Section 1612.3 is amended by inserting "Mount Joy Township" and "April 19, 2005," in the respective blanks.
Section 3410.2 is amended by inserting the date of "July 8, 2004," for residential dwellings and "July 8, 2004," for nonresidential structures.
The Township hereby adopts the provisions of Chapter 1, Administration, of the International Building Code/2003 and the provisions of the L & I Regulations set forth below to govern administration and enforcement of the Mount Joy Township Construction Code. The administrative provisions of other codes which L & I has made part of the UCC, including but not limited to the International Residential Code/2003, are not part of the Mount Joy Township Construction Code. The provisions of this Construction Code govern if there is a conflict with the provisions of the Codes set forth in Section 403.21 of the L & I Regulations or the L & I Regulations relating to administration or enforcement. Changes from the International Building Code/2003, Chapter 1, and the L & I Regulations to the Mount Joy Township Construction Code are as follows:
Section 101.1. Insert "Township of Mount Joy, Lancaster County, Pennsylvania."
Section 101.2 shall provide as follows:
Section 101.3 shall be amended by adding the following sentence to the existing section: "It is the further intent of the Board of Supervisors that all construction within the Township shall comply with the provisions of the Americans with Disabilities Act and all applicable regulations to implement the Americans with Disabilities Act promulgated by federal and state regulatory agencies and with the Code Requirements for Housing Accessibility, and this Code shall be interpreted in a manner which fulfills this intent. It is also the further intent of the Board of Supervisors to comply with the requirements of the Pennsylvania Construction Code Act and the L & I Regulations."
Section 101.4.5 shall be deleted in its entirety.
Section 103, Department of Building Safety, shall be deleted in its entirety and a new Section 103, Administration, shall be inserted which shall provide as follows:
Section 104.4 shall be amended by inserting the following language after the first sentence: "The Building Official shall have the right to reject any report performed by any individual or agency unless the permit holder has requested and obtained the prior approval of the Building Official for such individual or agency to perform such inspection. Any individual or agency performing such inspection and providing such report shall demonstrate to the satisfaction of the Building Official that such individual or agency has obtained all necessary certifications from L & I."
Section 104.8 shall provide as follows:
Sections 105, Permits, 106, Construction Documents, and 111, Service Utilities, of Chapter 1 of the International Building Code/2003 shall not be a part of the Township Construction Code. The Township hereby adopts and incorporates Sections 403.41, 403.42, 403.42a, 403.43, 403.44, 403.47, 403.48, 403.61, 403.62, 403.62a, 403.63 and 403.66 of the L & I Regulations to govern applications for and issuance of Construction Code permits for nonresidential and residential construction with the changes set forth below:
Sections 403.42(a) and 403.62(a) shall be amended by inserting the following at the end of the existing sections: "It shall be the joint responsibility of the owner, lessee, if any, and the contractor to determine that a Construction Code permit (and all other required permits and approvals) has been obtained before performing any work. It shall be unlawful for any contractor or subcontractor to perform any work for which a Construction Code permit is required unless the owner and contractor obtain and post a Construction Code permit as required by this Construction Code."
Sections 403.42a(b) and 403.62a(b) shall be amended by inserting the following at the end of the existing sections: "At the time of filing an application for a Construction Code permit, the applicant shall present to the Building Code Official adequate evidence that the applicant has obtained from all governmental authorities having jurisdiction, all permits, licenses, approvals and/or variances required in connection with the proposed use, occupancy, construction, enlargement, alteration or demolition. Such agencies shall include but not be limited to the Zoning Officer, Zoning Hearing Board, Lancaster County Conservation District, public water service provider (where public water service is proposed), Sewage Enforcement Officer (where on-lot sewage disposal is proposed) or public sewage service provider (where public sewer service is proposed), State Police Fire Marshal, DEP, L & I, and the Pennsylvania Departments of Community and Economic Development and Transportation. No application for a Construction Code permit is complete without a copy of any required zoning permit and proof of any required subdivision and/or land development approval, stormwater management plan approval."
Sections 403.43(h) and 403.63(h) shall be amended by inserting the following at the end of the existing sections: "The applicant shall post a copy of the Construction Code permit at a location on the property clearly visible to members of the public."
A new Section 108.1.2 shall be inserted which shall provide as follows:
Section 108.4 shall be revised to provide:
Section 108.6 shall be deleted in its entirety.
Sections 109.3, 109.4, 109.5, and 109.6 of the International Building Code/2003 shall be deleted and the Township hereby adopts Sections 403.45, 403.64, and 403.86 of the L & I Regulations governing inspections with the changes set forth below:
Sections 403.64(g) shall be deleted in its entirety.
Section 110, Certificate of Occupancy, of the International Building Code/2003 is deleted. The Township adopts Sections 403.46 and 403.65 of the L & I Regulations governing certificates of occupancy. Sections 403.46 and 403.65 of the L & I Regulations are amended as follows:
Section 112, Board of Appeals, shall be amended in its entirety to provide as follows:
Section 113, Violations, shall provide as follows:
Section 114.3 shall provide as follows:
Section 115, Unsafe Structures and Equipment, of the International Building Code/2003 is deleted. The Township adopts Section 403.84 of the L & I Regulations governing unsafe buildings, structures, or equipment.
Table R301.2(1) of the International Residential Code/2003 is hereby completed by inserting the following information:
Ground snow load: 30 pounds per square foot.
Wind speed (mph): 90 miles per hour.
Seismic design category: A, B, C, D.
Frost line depth: 30 inches.
Termite: moderate to heavy.
Decay: slight to moderate.
Winter design temperature: 10°.
Ice shield underlayment required: Yes.
Flood hazard: May 16, 1981, as revised in 2004-2005.
Air freezing index: 1,000.
Mean annual temperature: 50°.