City of Pottsville, PA Chapter 101 Construction Code, Uniform

[HISTORY: Adopted by the City Council of the City of Pottsville 5-8-2023 by Ord. No. 912.[1]. Amendments noted where applicable.]

[1] Editor's Note: This ordinance also superseded former Ch. 101, Construction Code, Uniform, adopted 6-7-2004 by Ord. No. 706, as amended.

§ 101-1 Election to administer and enforce.

The City of Pottsville hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 through 7210.1103, as amended from time to time, and its regulations.

§ 101-2 Adoption of Code.

The Uniform Construction Code, contained in 34 Pa. Code Chapters 401 through 405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of the City of Pottsville.

§ 101-3 Means of administration and enforcement.

Administration and enforcement of the Code within the City of Pottsville shall be undertaken in any of the following ways as determined by the governing body of the City of Pottsville from time to time by resolution:

A. By the designation of an employee of the City of Pottsville to serve as the City of Pottsville Code Official to act on behalf of the City of Pottsville;

B. By the retention of one or more construction code officials or third-party agencies to act on behalf of the City of Pottsville;

C. By agreement with one or more other municipalities for the joint administration and enforcement of this Act[1] through an intermunicipal agreement;

[1] Editor's Note: See § 101-1, Election to administer and enforce.

D. By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of the City of Pottsville;

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.

§ 101-4 Board of Appeals.

A Board of Appeals shall be established by resolution of the governing body of the City of Pottsville 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.

§ 101-5 Effect on existing ordinances.

A. All building code ordinances or portions of ordinances which were adopted by the City of Pottsville 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 than 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 the City of Pottsville not governed by the Code shall remain in full force and effect.

§ 101-6 Fees.

Fees assessed by the City of Pottsville for the administration and enforcement undertaken pursuant to this chapter and the Code shall be established by the governing body by resolution from time to time.

§ 101-7 Exemption for residential buildings.

All alterations to residential buildings which do not make structural changes or changes to means of egress and repairs to residential buildings shall be subject to compliance with the Uniform Construction Code as contained in 34 Pa. Code, Chapters 401 through 405, and as amended from time to time; provided, however, that the following repairs and alterations shall be exempt from such compliance:

A. Sidewalks and driveways that are 30 inches or less above adjacent grade, not placed over a basement or story below it and not located in pedestrian passageways.

B. Exterior or interior painting, papering, tiling, carpeting, flooring, cabinets, countertops and similar finishing work.

C. Retaining walls less than four feet in height, unless the wall supports a surcharge.

D. Prefabricated swimming pools that are less than 24 inches deep.

E. Swings and other playground equipment accessory to a one- or two-family dwelling.

F. Window awnings supported by an exterior wall which do not project more than 54 inches from the exterior wall and do not require additional support.

G. Replacement of glass in any window or door. However, the replacement glass shall comply with the minimum requirements of the International Residential Code.

H. Replacement of a window, door, garage door, storm window and storm door in the same opening if the dimensions of framing of the original openings are not enlarged. The installation of means of egress and emergency escape windows must be made in the same opening without altering the dimensions of framing of the original opening to be exempt.

I. Replacement of existing roof material that does not exceed 25% of the total roof area performed within any twelve-month period.

J. Replacement of existing siding or installation of siding over existing exterior wall covering.

K. Repair or replacement of any part of a porch or stop which is not a structural element.

L. Installation of additional roll, batt or blown-in-insulation.

M. Replacement of exterior rainwater gutters and leaders.

N. Installation or replacement of aluminum or vinyl soffit, fascia or other exterior trim.

O. Minor electrical work for the following:

(1) Replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

(2) Replacement of a receptacle, switch or lighting fixture rated at 20 amps or less and operating at less than 150 volts to ground with a like or similar item. This does not include replacement of receptacles in locations where ground-fault interrupter protection is required.

(3) Replacement of installed electrically operated equipment such as doorbells, communication systems and any motor-operated device.

(4) Installation, alteration or rearrangement of communications wiring.

(5) Replacement of dishwashers.

(6) Replacement of range hoods.

P. The following gas work:

(1) Portable heating, cooking or clothes-drying appliances.

(2) Replacement of a minor part that does not alter approval of equipment or make this equipment unsafe.

(3) A portable fuel cell appliance that is not connected to a fixed piping system and is not interconnected to a power grid.

Q. The following mechanical work or equipment:

(1) A portable heating appliance.

(2) Portable ventilation appliances.

(3) A portable cooling unit.

(4) Steam, hot or chilled water piping within any heating or cooling equipment governed under the Uniform Construction Code.

(5) Replacement of any minor part that does not alter approval of equipment or make the equipment unsafe.

(6) Self-contained refrigeration systems containing 10 pounds or less of refrigerant or that are put into action by motors of one horsepower;

(7) Portable evaporative cooler.

(8) A portable fuel cell appliance that is not connected to a fixed piping system and is not interconnected to a power grid.

R. The following work:

(1) Replacement of bib valves if replacement hose bib valves are provided with an approved atmospheric breaker.

(2) Replacement of ball cocks.

(3) Repair of leaks.

(4) Clearance of stoppages.

(5) Replacement of faucets or working parts of faucets.

(6) Replacement of valves other than shower or combination shower/bath valves;

(7) Replacement of traps, if not buried.

(8) Replacement of water closet, lavatory or kitchen sink.

(9) Replacement of domestic clothes washers and dishwashers.

S. The following heating, ventilation and air-conditioning work:

(1) Replacement of motors, pumps and fans of the same capacity.

(2) Repair and replacement of heating, supply and return piping and radiation elements which do not require rearrangement of the piping system.

(3) Repair of ductwork.

(4) Repair of air-conditioning equipment and systems.

(5) Repair and replacement of control devices for heating and air-conditioning equipment.

(6) Replacement of kitchen range hoods.

(7) Replacement of clothes dryers if there is no change in fuel type, location or electrical requirements.

(8) Replacement of stoves and ovens if there is no change in fuel type, location or electrical characteristics.

T. An ordinary repair does not require a permit. The following are not ordinary repairs:

(1) Cutting away a wall, partition or portion of wall.

(2) The removal of cutting of any structural beam or load-bearing support.

(3) The removal or change to any required means of egress or rearrangement of parts of a structure affecting the means of egress.

(4) The addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer drainage, drain leader, gas, soil, waste, vent or similar piping, electric or mechanical.

(5) A permit is not required for the installation, alteration, or repair of generation, transmission, distribution, metering, or other related equipment that is by established right, under ownership and control of a public utility as the term "public utility" is defined in 66 Pa.C.S.A. § 102 (relating to definitions.)

§ 101-8 Exemptions for utility and miscellaneous structures.

All utility and miscellaneous structures shall be subject to compliance with the Uniform Construction Code as contained in 34 Pa. Code, Chapters 401 through 405, as amended from time to time; provided, however, that the following shall be exempt from such compliance:

A. Buildings or structures of an accessory character and miscellaneous structures not classified by the Building Officials and Code Administrators International, Inc. (current edition) in any special use group. This includes detached carports, detached private garages, greenhouses and sheds having a building area 120 square feet or less.

§ 101-9 Exemptions for commercial buildings.

All alterations to commercial buildings which do not make structural changes or changes to means of egress and repairs to commercial buildings shall be subject to compliance with the Uniform Construction Code as contained in 34 Pa. Code, Chapters 401 through 405, and as amended from time to time; provided, however, that the following repairs and alterations shall be exempt from such compliance:

A. Retaining walls, which are not over four feet in height measured from the lowest level of grade to the top of the wall, unless it is supporting a surcharge or impounding Class I, II or III-A liquids.

B. Painting, papering, tiling, carpeting, cabinets, countertops and similar finishing work.

C. Temporary motion picture, television, and theater stage sets and scenery.

D. Prefabricated swimming pools accessory to a Group R-3 occupancy which are less than 24 inches deep, do not exceed 5,000 gallons and are installed entirely aboveground.

E. Shade cloth structures constructed for nursery or agricultural purposes that do not include service systems.

F. Swings and other playground equipment accessory to one- or two-family dwellings.

G. Window awnings supported by an exterior wall which do not project more than 54 inches from the exterior wall and do not require additional support of group R-3 as applicable in the International Building Code, and Group U occupancies.

H. Movable cases, counters and partitions that are not over five feet nine inches in height.

I. Electrical work for the following:

(1) Minor repair and maintenance work that includes the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

(2) Electrical equipment used for radio and television transmissions. The provisions of the Uniform Construction Code apply to equipment and wiring for power supply and the installation of towers and antennas.

(3) The installation of a temporary system for the testing or servicing of electrical equipment or apparatus.

J. The following gas work:

(1) A portable heating appliance.

(2) Replacement of a minor part that does not alter approval of equipment or make the equipment unsafe.

K. The following mechanical work or equipment:

(1) A portable heating appliance.

(2) Portable ventilation equipment.

(3) A portable cooling unit.

(4) Steam, hot or chilled water piping within any heating or cooling equipment governed under the Uniform Construction Code.

(5) Replacement of any part that does not alter its approval or make it unsafe.

(6) A portable evaporative cooler.

(7) A self-contained refrigeration system containing 10 pounds or less of refrigerant and placed into action by motors that are not more than one horsepower.

L. The following plumbing repairs:

(1) Stopping leaks in a drain and a water, soil, waste or vent pipe. The Uniform Construction Code applies if a concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and is removed and replaced with new material.

(2) Clearing stoppages or repairing leaks in pipes, valves or fixtures, and the removal and installation of water closets, faucets and lavatories if the valves or pipes are not replaced or rearranged.

M. An ordinary repair does not require a permit. The following are not ordinary repairs:

(1) Cutting away a wall, partition or portion of a wall.

(2) The removal or cutting of any structural beam or load-bearing support.

(3) The removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements.

(4) The addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical.

N. A permit is not required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment under the ownership and control of public service agencies.