The Municipality of Murrysville hereby adopts the Uniform Construction
Code (hereinafter referred to as "Code"), as designated and defined by the
Pennsylvania Construction Code Act (hereinafter referred to as "Act"), as
amended and supplemented, and the regulations promulgated by the Department
of Labor and Industry thereunder (hereinafter referred to as "regulations"),
as amended and supplemented from time to time, as provided in the Act and
regulations, as the Municipality of Murrysville Building Code. The Uniform
Construction Code, contained in 30 Pa. Code, Chapters 401-405, as amended
from time to time, consists of the following. (All appendices adopted shall
be utilized for supplementary and informational purposes only, as they relate
to the interpretation of the respective codes to which they are associated):
A. The provisions of Chapters 2-29 and 31-35 of the "International
Building Code 2003" and Appendix "E" ("Supplementary Accessibility Requirements")
and Appendix "H" ("Signs") (first printing). This includes all errata issued
by the International Code Council;
B. The "ICC Electrical Code - Administrative Provisions
2003" (first printing). This includes all errata issued by the International
Code Council;
C. The "International Mechanical Code 2003" (first printing).
This includes all errata issued by the International Code Council;
D. The "International Fuel Gas Code 2003," and its Appendices
(first printing). This includes all errata issued by the International Code
Council;
E. The "International Plumbing Code 2003," and its Appendices,
except Appendix "A" (first printing). This includes all errata issued by the
International Code Council;
F. The "International Residential Code 2003" Chapter 43,
Referenced Standards and Appendices A, B, C, D, G and L (first printing).
This includes all errata issued by the International Code Council;
G. The "International Fire Code 2003," (first printing).
This includes all errata issued by the International Code Council;
H. The "International Energy Conservation Code 2003," and
the Appendix (first printing). This includes all errata issued by the International
Code Council;
I. Sections AE 501-AE 503 and AE 601-AE 605 of Appendix
E of the "International Residential Code 2003" (first printing). This includes
all errata issued by the International Code Council;
J. The "International Existing Building Code for Buildings
and Facilities 2003," and the Appendix (first printing). This includes all
errata issued by the International Code Council;
K. The "International Urban-Wildland Interface Code 2003,”
(first printing). This includes all errata issued by the International Code
Council.
[Added 12-21-2005 by Ord. No. 697-05]
A. The International Fire Code 2003, Chapter
3, General Precaution Against Fire, Section 307, Open Burning and Recreational Fires, is herein amended to prohibit the burning of leaf waste as a means of disposal in lieu of compliance with Murrysville's leaf recycling program enacted by Ordinance No. 673-04. A limited burning of yard waste as defined by law or regulations
of the Commonwealth of Pennsylvania, or as exempted by state law, regulations
or this Ordinance, shall not be deemed a violation of the leaf waste burning
prohibition. This leaf waste burning prohibition is being implemented as an
amendment of Section 307.2.1, Authorization, by expanding it to include the
following additional language as contained in italics:
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Section 307
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Open Burning and Recreational Fires
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307.1 General (No change)
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307.2 Permit Required (No change)
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307.2.1 Authorization. Where required by State or local
law or regulations, openburning shall only be permitted with prior approval
from the State or local air and water quality management authority, provided
that all conditions specified in the authorization are followed.
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No permit issued hereunder shall allow for the open burning
of leaves or in a container as a means of disposal in lieu of compliance with
Murrysville's leaf recycling program enacted at Ordinance No. 673-04.
A limited burning of yard waste as defined by law or regulations of the Commonwealth
of Pennsylvania or as exempted by State law, regulations or this ordinance,
shall not be deemed a violation of this ordinance.
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307.2.2. Prohibited open burning. Open burning that will
be offensive or objectionable because of smoke or odor emissions when atmospheric
conditions or local circumstances make such fires hazardous shall be prohibited.
The Fire Code Official is authorized to order the extinguishment by the permit
holder or the Fire Department of open burning which creates or adds to a hazardous
or objectionable situation. (No change.)
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B. The International Fire Code 2003, Chapter
3, General Precaution Against Fire, Section 307, Open Burning and Recreational Fires, is herein further amended by the addition of three (3) new subsections, as follows:
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307.2.3. Prohibited leaf waste burning. Open burning of
leaf waste (including the burning of leaf waste in a container), is prohibited
throughout the Municipality, except for the following:
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A.
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Incident to a limited burning of yard waste, conditioned, however, it
is the legislative intent of the Municipality of Murrysville that a limited burning of yard
waste shall not be of such magnitude or frequency to be deemed a violation
of the leaf waste burning prohibition of Section 307.2.3, and thereby jeopardize
any grant due the Municipality of Murrysville. See, The Municipal Waste Planning,
Recycling and Waste Reduction Act, as set forth at Volume 53 P.S. § 4000.905(c),
a copy of which is attached hereto and made a part hereof as Exhibit A.
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B.
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Incident to an agricultural use or purpose recognized by the Commonwealth
of Pennsylvania, Department of Environmental Protection, as having a lawful
exemption for such burning.
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C.
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Incident to any other lawful exemption for the burning of leaf waste
provided for in this ordinance, or any statute or regulations of the Commonwealth
of Pennsylvania as now in force or hereafter enacted or promulgated.
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307.2.4 "Yard waste.” "Yard waste" for purposes of
this ordinance shall be deemed to conform to the definition established by
statute and/or regulations of the Commonwealth of Pennsylvania as now in force
or as amended from time to time. Yard waste is currently defined by the Commonwealth
of Pennsylvania, Department of Environmental Protection, as follows:
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"Yard Waste: leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery and other vegetable material."
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The Municipality of Murrysville hereby imposes and assesses fees and
costs for the administration and enforcement of said code, Act, regulations,
and this chapter, which fees and costs shall be established by the Municipality
of Murrysville's governing body.
Any person, firm or corporation that violates any of the provisions
of this chapter, the code, Act and/or regulations commits a summary offense
and shall, upon conviction, be sentenced to pay a fine of not more than $300
in costs incurred by the Municipality in enforcement of said violation. Each
day that a violation exists and continues shall be a separate violation.
This chapter shall be effective January 1, 2005.