[HISTORY: Adopted by the Board of Supervisors
of the Township of Derry 6-8-2004 by Ord. No. 530. Amendments noted where
applicable.]
The Township of Derry 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.
The Uniform Construction Code, contained in
34 Pa. Code, Chapters 401 through 405, as amended from time to time
(sometimes hereinafter referred to as the "code"), is hereby adopted
and incorporated herein by reference as the municipal building code
of Derry Township with the amendments and insertions contained herein.
The administration and enforcement of the code
within Derry Township shall initially be undertaken by designating
an employee of the Township to serve as the building code official
and by employing one or more construction code officials and by retaining
third-party agencies to act on behalf of the Township of Derry.
The method of administration and enforcement of the code may be amended from the methods described in § 85-3 to include any of the following methods if a resolution is adopted by the Board of Supervisors to amend the method of administration and enforcement.
A.
By agreement with one or more other municipalities
for the joint administration and enforcement of this Act through an
intermunicipal agreement.
B.
By entering into a contract with another municipality
for the administration and enforcement of this Act on behalf of this
municipality.
C.
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.
The existing Derry Township BOCA Appeals Board
shall be renamed as the “UCC Appeals Board.”
A.
The membership of the UCC Appeals Board shall consist
of the same members as the BOCA Appeals Board until such time as new
members are appointed from time to time by the Board of Supervisors.
B.
The UCC Appeals Board shall operate in accordance
with Section 403.121 and 403.122 of Chapter 403 of 34 Pa. Code.
A.
Section 403.46(b) of Chapter 403 of 34 Pa. Code is
hereby amended to the extent that it applies to Derry Township to
read as follows:
|
(b) A building code official shall issue a certificate
of occupancy within five business days after receipt of a final inspection
report that indicates compliance with the Uniform Construction Code
and the Zoning Ordinance of Derry Township.[1] The certificate of occupancy shall contain the following
information:
|
B.
Section 403.65(b) of Chapter 403 of 34 Pa. Code is
hereby amended to the extent that it applies to Derry Township to
read as follows:
|
(b) A building code official shall issue a certificate
of occupancy within five business days after receipt of a final inspection
report that indicates compliance with the Uniform Construction Code
and the Zoning Ordinance of Derry Township.[2] The certificate of occupancy shall contain the following
information:
|
C.
Section 403.43(d) of Chapter 403 of 34 Pa. Code is
hereby amended to the extent that it applies to Derry Township to
read as follows:
|
(d) The building code official may not issue
a permit for any property requiring access to a highway under the
Department of Transportation's jurisdiction unless the permit contains
notice that a highway occupancy permit is required under Section 420
of the State Highway Law (36 P.S. § 670-420) before driveway
access to a commonwealth highway is permitted.
| |
|
The building code official shall not issue a
permit for a project which involves the initial connection of a building
sewer to the Derry Township Municipal Authority Sewer System unless
the building code official has received from the Authority a copy
of the sewer connection permit for the project or written permission
to issue a building permit in advance of a sewer connection permit
being issued by the Authority. This same requirement shall apply for
projects in which it is proposed to repair or replace existing building
sewers and for projects which will generate additional sewage flows
to the Authority's facilities.
| |
|
Furthermore, the building code official may
not issue a permit for a project which will need a permit to construct
and operate an individual or community on-lot sewage disposal system
unless a permit has been issued for such system installation and operation.
|
D.
Section 403.63(d) of Chapter 403 of 34 Pa. Code is
hereby amended to read as follows:
|
(d) The building code official may not issue
a permit for any property requiring access to a highway under the
Department of Transportation's jurisdiction unless the permit contains
notice that a highway occupancy permit is required under Section 420
of the State Highway Law (36 P.S. § 670-420) before driveway
access to a commonwealth highway is permitted.
| |
|
The building code official shall not issue a
permit for a project which involves the initial connection of a building
sewer to the Derry Township Municipal Authority Sewer System unless
the building code official has received from the Authority a copy
of the sewer connection permit for the project or written permission
to issue a building permit in advance of a sewer connection permit
being issued by the Authority. This same requirement shall apply for
projects in which it is proposed to repair or replace existing building
sewers and for projects which will generate additional sewage flows
to the Authority's facilities.
| |
|
Furthermore, the building code official shall
not issue a permit for a project which will need a permit to construct
and operate an individual or community on-lot sewage disposal system
unless a permit has been issued for such system installation and operation.
|
[Amended 11-10-2020 by Ord. No. 2020-07]
Insertions are made to the codes as follows:
A.
International Building Code 2015.
(1)
Section 1612.3: Insert Township of Derry as the name of the jurisdiction
and August 2, 2012 as the date of issuance.
B.
International Residential Code 2015.
(1)
Table 301.2(1). Insert:
* Ground snow load = 30.
* Wind design speed = 115.
* Topographic effects = No.
* Special wind region = No.
* Wind-borne debris zone = No.
* Seismic design category = A.
* Weathering = Severe.
* Frost line depth = 36 inches.
* Termite = Moderate to heavy.
* Winter design temperature = 11 degrees.
* Ice shield underlayment required = Yes.
* Flood hazards = National Flood Insurance Program, Flood Insurance
Study, August 2, 2012, Community No. 420376.
* Air freezing index = 784 degree days.
* Mean annual temperature = 53 degrees.
(2)
Section P2603.5.1. Insert 18 inches and 18 inches.
The rates, rules, and regulations of the Derry
Township Municipal Authority, enacted pursuant to Ordinance No. 140
of the Township of Derry, November 8, 1973,[1] shall continue in full force and effect to the extent
that said rates, rules, and regulations equal or exceed the requirements
of the Uniform Construction Code and will remain in full force and
effect until such time that said rates, rules, and regulations fail
to equal or exceed the provisions of the Uniform Construction Code.
Ordinance No. 515, enacted September 24, 2002,
which adopted the International Building Code 2000, the International
Residential Code 2000, and to the extent referenced in the International
Building Code, the International Property Maintenance Code 2000, the
ICC Electrical Code 2000, the International Plumbing Code 2000, the
International Fuel Gas Code 2000, the International Mechanical Code
2000, and the International Fire Prevention Code 2000, is hereby repealed,
except that these codes shall remain in effect for the following:
A.
For new buildings or structures or renovations to
existing buildings or structures for which an application for a permit
was made to Derry Township before July 8, 2004;
B.
For new buildings or structures or renovations to
existing buildings or structures for which a building permit was issued
prior to July 8, 2004, and which permit remains a valid permit; and
C.
For new buildings or structures or renovations to
existing buildings or structures for which a contract for design or
construction was signed before April 9, 2004.
All relevant ordinances, regulations and policies
of the Township of Derry not governed by the code shall remain in
full force and effect.
Fees payable to Derry Township for the issuance
of a building permit shall be as follows and may be amended by the
Board of Supervisors by resolution from time to time.[1]
[1]
Editor's Note: A schedule of said fees is on file in the Township
offices.
This chapter shall be effective on July 8, 2004.
