[HISTORY: Adopted by the City Council of the City of Harrisburg 9-23-2003 by Ord No.
25-2003. Amendments noted where applicable.]
It is the intent and purpose of this chapter to adopt a modern
residential code which will prescribe effective standards and minimum
requirements for the construction of one- and two-family dwellings
in the City. This code is designed to cover every facet of construction
to ensure that the residents of Harrisburg are provided with safe,
sanitary and well-constructed dwellings.
In accordance with Section 608 of the Optional Third Class City
Charter Law, Act of July 15, 1957, P.L. 901, 53 P.S. § 41608,
and Section 4130 of the Third Class City Code, Act of June 28, 1951,
P.L. 662, as amended, 53 P.S. § 39130, there is hereby adopted
by the City, for the purpose of prescribing specifications and regulations
to insure the structural safety and incombustibility of housing constructed,
reconstructed, altered, enlarged, repaired, or maintained within the
City, that certain residential code known as the "International Residential
Code for One- and Two-Family Dwellings, 2003 Edition," and all appendixes
thereto, with the exception of Appendixes E and I, as supplemented
and published by the International Code Council, except such provisions
which are in conflict with regulations promulgated by the Pennsylvania
Department of Labor and Industry interpreting the Uniform Construction
Code pursuant to Section 301 of the Pennsylvania Construction Code
Act, Act of November 10, 1999, P.L. 491, 35 P.S. § 7210.301,
or any other state law on the subject or regulations issued by a state
agency by virtue of a state law. Ten copies of the Residential Code
are presently on file in the office of the City Clerk, and such code
is hereby adopted and incorporated as if fully set forth at length
herein. The provisions of the adopted Residential Code shall be controlling
within the limits of the City, except as amended by the provisions
of this chapter.
The following sections of the International Residential Code
for One- and Two-Family Dwellings, 2003 Edition, as adopted herein,
are hereby deleted in their entirety and replaced as indicated:
A.
Chapter
1, Administration.
(1)
Section
R101.1 is amended to read as follows:
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R101.1 Title. These regulations shall be known
as the "Residential Code for One- and Two-Family Dwellings of the
City of Harrisburg," hereinafter referred to in this chapter as "this
code."
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(2)
Section
R103.1 is amended to read as follows:
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R103.1 General. The City of Harrisburg Department
of Building and Housing Development, Bureau of Codes Enforcement (also
referred to in this code as "Department of Building Safety"), or any
other department, bureau or division of the City designated by the
Mayor, shall administer and enforce this code or any part thereof,
and the executive official in charge thereof shall be known as the
"Codes Administrator" (also referred to in this code as "Building
Official").
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(3)
Section
R105.2 is amended to read as follows:
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R105.2 Work exempt from permit. Exemptions from
permit requirements of this code shall not be deemed to grant authorization
for any work to be done in any manner in violation of the provisions
of this code or any other laws or ordinances of this jurisdiction.
Permits shall not be required for the following:
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Building:
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1.
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Water tanks supported directly on grade if the capacity does
not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter
or width does not exceed two to one.
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2.
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Sidewalks and driveways not located within a public right-of-way,
not more than 30 inches (762 mm) above adjacent grade and not over
any basement or story below and which are not part of an accessible
route.
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3.
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Painting, papering, tiling, carpeting, cabinets, countertops
and similar finish work.
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4.
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Prefabricated swimming pools which are less than 24 inches (610
mm) deep.
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5.
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Swings and other playground equipment accessory to detached
one- and two-family dwellings.
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5.
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Window awnings supported by an exterior wall which do not project
more than 54 inches (1,372 mm) from the exterior wall and do not require
additional support.
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(4)
Section
R105.2.2 is amended to read as follows:
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R105.2.2 Repairs. Application or notice to the
Building Official is not required for ordinary repairs to structures,
replacement of lamps or the connection of approved portable electrical
equipment to approved permanently installed receptacles, provided
that such repairs total less than $1,000 on a single project performed
within a three-month period. Such repairs shall not include the cutting
away of any wall, partition or portion thereof; the removal or cutting
of any wall, structural beam or load-bearing support; the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the egress requirement; nor shall ordinary
repairs include 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
or other work affecting public health or general safety.
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Whenever any provision or requirement of the Commonwealth of
Pennsylvania Department of Labor and Industry is more stringent or
stricter than a provision or requirement of the City Residential Code,
the Department of Labor and Industry's provision shall supersede
any such provision or requirement of the Residential Code.
Any person who applies for a permit for the construction, alteration or repair of a building or structure pursuant to the Residential Code shall be subject to the fee requirements and regulations provided by § 8-101.4 of these Codified Ordinances.
Any person, firm, corporation, association or other entity who is aggrieved by a ruling, decision or action of any department, bureau or other division of the City in regard to the administration or enforcement of any of the provisions of the Residential Code may appeal the ruling, decision or action complained of in writing to the Building and Housing Code Board of Appeals of the City of Harrisburg in the manner and in accordance with the procedures set forth in Chapter 8-501 of the Codified Ordinances.
A.
Any person, whether individually or as a member or employee of a
partnership, or any officer, agent or employee of a corporation who
directs or knowingly permits any violation of any of the provisions
of the sections of this Residential Code, or who aids or assists therein,
either on his/her own behalf or in the interests of his/her employer
or principal, or who fails to comply with any order made thereunder,
or who builds in violation of any detailed statement of specifications
or plans submitted and approved in accordance with this code or any
certificate of approval issued thereto and from which no appeal has
been taken, or who fails to comply with such order as affirmed or
modified by the City shall, upon conviction thereof, severally and
for each violation and noncompliance, respectively, be fined not less
than $50 nor more than $1,000, plus costs, or shall be imprisoned
in the Dauphin County Prison for not more than 90 days for each separate
violation, or both. The imposition of one penalty for any violation
shall not excuse the violation or permit it to continue, and all persons
required to do so shall correct and remedy violations or defects within
a reasonable time, and, when not otherwise specified, each five days
that the prohibited conditions are maintained shall constitute a separate
offense.
B.
The application of the above penalty shall not prevent the enforced
removal of the prohibited conditions or device or any other remedy
at law or equity available to the City for enforcement of this chapter.
