[HISTORY: Adopted by the Board of Supervisors of the Township
of Hempfield 9-28-2009 by Ord. No. 2009-04. Amendments noted
where applicable.]
The Township of Hempfield 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 Township of Hempfield
Building Code. The Uniform Construction Code, contained in 34 Pa.
Code, Chapters 401 to 405, as amended from time to time, consists
of the following:
A.
The provisions of Chapters 2 to 29 and 31 to 35 of the "International
Building Code," except that, in occupancies in Use Group R-3 and within
dwelling units in occupancies in Use Group R-2, the maximum riser
height shall be 8 1/4 inches (210 mm) and the minimum tread depth
shall be nine inches (229 mm). A one-inch (25 mm) nosing shall be
provided on stairways with solid risers.
B.
The "ICC Electrical Code."
C.
The "International Mechanical Code."
D.
The "International Fuel Gas Code."
E.
The "International Plumbing Code."
F.
The "International Residential Code."
(1)
Provided, however, that the provisions of R313.1.1 requiring interconnected
smoke alarms do not apply to one-family and two-family dwellings undergoing
alterations, repairs or additions. Noninterconnected battery operated
smoke alarms shall be installed in these dwellings.
(2)
Provided also that the following specifications apply to residential
stairway treads and risers.
(a)
The maximum riser height is 8 1/4 inches. There may be
no more than a variation of 3/8 inch in riser height within a flight
of stairs. The riser height is to be measured vertically between leading
edges of the adjacent treads.
(b)
The minimum tread depth is nine inches measured from tread nosing
to tread nosing.
(c)
The greatest tread depth within any flight of stairs may not
exceed the smallest by more than 3/8 inch.
(d)
Treads may have a uniform projection of not more than 1 1/2
inches when solid risers are used.
(e)
Stairways may not be less than three feet in clear width, and
clear headroom of six feet eight inches shall be maintained for the
entire run of the stair.
(f)
Handrails may project from each side of a stairway a distance
of 3 1/2 inches into the required width of the stair.
(g)
To the extent required by the provisions of Act 13 of 2004,[1] the above provisions contained in Subsection F(2)(a) through (f) inclusive, are hereby modified to comply with said Act.
[1]
Editor's Note: Act 13 of 2004 requires any municipality
administering the Pennsylvania Uniform Construction Code to collect
an additional fee of $2 for every construction permit issued, to be
remitted to the State Department of Economic Development to be used
for education and training purposes associated with the UCC.
G.
The "International Fire Code," to the extent that this code is referenced
in Chapter 35 of the "International Building Code."
H.
The "International Energy Conservation Code."
I.
The "International Existing Building Code for Buildings and Facilities."
J.
The "International Urban-Wildlife Interface Code."
K.
Appendix E of the "International Building Code."
L.
Appendix H of the "International Building Code."
M.
Appendix G of the "International Residential Code."
A.
If any provision of § 40-1 is at variance with, contrary to or superseded by any provision of the Act or Regulations, then the provision of the Act or Regulations shall apply. It is the intention of the Board of Supervisors that the Building Code herein adopted shall be the Uniform Construction Code as defined and adopted by said Act and Regulations and any and all subsequent amendments to the Act and/or the Regulations promulgated thereunder.
A.
The hereinafter sections of the above-referenced code, which form
a part of the Uniform Construction Code, are hereby completed, modified
or revised as follows:
(1)
References to "jurisdiction" shall be the Township of Hempfield.
(2)
The International Building Code § 1612.3 insert "August
5, 1997, revised December 6, 2002," as date of issuance.
(3)
The International Building Code § 3410.2, insert "The effective
date of the Uniform Construction Code in the Township of Hempfield."
(4)
The ICC Electrical Code § 404.2, insert "as set forth in
a separate resolution adopted by the Board of Supervisors of the Township
of Hempfield."
(5)
International Mechanical Code § 106.5.2, insert "as set
forth in a separate resolution adopted by the Board of Supervisors
of the Township of Hempfield."
(6)
International Mechanical Code § 106.5.3(2), insert "0%,"
and 106.5.3(3), insert "75%.”
(7)
International Mechanical Code § 108.4, insert "summary
offense" in the [specific offense] portion; insert "$1,000" for the
amount of fine; and insert "30 days" for the term of imprisonment.
(8)
International Mechanical Code § 108.5, insert "a fine of
not less than $300 or more than $1,000."
(9)
International Fuel Gas Code § 106.5, insert "as set forth
in a separate resolution adopted by the Board of Supervisors of the
Township of Hempfield."
(10)
International Fuel Gas Code § 106.5.3(2), insert "0%,"
and 106.5.3(3), insert "75%."
(11)
International Fuel Gas Code § 106.5.2, insert "as set forth
in a separate resolution adopted by the Board of Supervisors."
(12)
International Fuel Gas Code: § 106.5.2, insert "as set
forth in a separate resolution adopted by the Board of Supervisors."
(13)
International Fuel Gas Code § 108.4, insert "summary offense"
in the specific offense portion; insert "up to $500" for the amount
of fine; and insert "30 days" for the term of imprisonment.
(14)
International Fuel Gas Code § 108.5, insert "not less than
$300 or more than $1,000."
(15)
International Plumbing Code § 106.6.2, insert "as set forth
in a separate resolution adopted by the Board of Supervisors of the
Township of Hempfield."
(16)
International Plumbing Code § 108.4, insert "summary offense
and $1,000 and 30 days."
(17)
International Plumbing Code § 106.6.3(2), insert "0%,"
and 106.6.3(3), insert "75%."
(18)
International Plumbing Code § 108.5, insert "as set forth
in a separate resolution adopted by the Board of Supervisors of the
Township of Hempfield."
(19)
International Plumbing Code § 305.6.1, insert "40 inches"
in both locations.
(20)
International Plumbing Code § 904.1, insert "24 inches."
(21)
International Residential Code Table R 301.2(1), insert the following:
(a)
Ground snow load: 40 pounds.
(b)
Wind speed (mph): 90.
(c)
Seismic design category: D.
(d)
Weathering: severe.
(e)
Frost line depth: 36 inches.
(f)
Termite: moderate to heavy.
(g)
Decay: slight to moderate.
(h)
Winter design temp: 5° F.
(i)
Ice shield underlayment: Yes.
(j)
Flood hazard: Map dated August 5, 1997, revised December 6,
2002.
(k)
Air freezing index: 1,000.
(l)
Mean annual temp: 25° F.
(22)
International Residential Code § P2603.6.1, insert "40
inches" in both places.
(23)
International Residential Code § P31031.1, insert "24 inches"
in both places.
(24)
International Fire Code § 109.3, insert "summary offense"
in the [specify offense] portion; insert "up to $500" for the amount
of the fine; and insert "30 days" for the term of imprisonment.
(25)
International Fire Code § 111.4, insert "$300" and "$1,000."
(26)
International Fire Code §§ 3204.3.1.1, 3404.2.9.5.1,
3406.2.4.4, and 3804.2, insert "Any area mapped on the current FEMA
Flood Mapping as a flood area (maps are dated August 5, 1997, revised
December 6, 2002)."
(27)
International Existing Building Code § 1201.2, insert "The
effective date of the Uniform Construction Code in the Township of
Hempfield."
If any provision of § 40-2 is at variance with, contrary to or superseded by any provision of the Act or Regulations, then the provision of the Act or Regulations shall apply. It is the intention of the Board of Supervisors that the Building Code herein adopted shall be the Uniform Construction Code as defined and adopted by said Act and Regulations.
The Township of Hempfield hereby elects to administer and enforce
the provisions of this chapter, the Pennsylvania Construction Code
Act, Act 45 of 1999, 35 P.S. §§ 7210-101 to 7210-103,
as amended from time to time, the regulations promulgated thereunder,
and the code.
Administration and enforcement of the code within the Township
of Hempfield shall be undertaken in any of the following ways as determined
by appropriate action of the Board of Supervisors of the Township
of Hempfield from time to time by adoption of a resolution:
A.
By the designation of an individual, registered or certified as a
building code official by the Department of Labor and Industry, to
serve as the Municipal Building Code Official, to administer and enforce
this chapter, the code, the Act and the Regulations in the Township
of Hempfield; to issue building, occupancy and other permits and approvals;
and to do and carry out any and all other functions and duties permitted
and authorized of such an official with regard to buildings, uses
and structures, under the Building Code, the Act and Regulations and
by the following additional means, methods and manner.
B.
By designating one or more certified third-party agencies, as that
term is defined in the Regulations, to perform plan reviews, approvals
and inspections (but not the issuance of building, compliance or occupancy
permits), so long as any designated certified third-party agency,
under contract with the Township, meets and maintains the following
standards and criteria:
(1)
Is certified as a third-party agency by the Department of Labor and
Industry and provides proof of such certification, satisfactory to
the Township;
(2)
Registers as a certified Uniform Construction Code third-party agency
with the Township, providing the name, address, contact person(s),
phone and fax numbers, and e-mail addresses for such agency and contact
person, and further providing the specific certifications held by
any and all persons performing services.
(3)
Obtains, maintains in effect and provides to the Township proof of
all insurance required by the Department of Labor and Industry to
be certified as a third-party agency, adding or including the Township
as an additional insurer on said policy.
(4)
Provides, in a proper and timely fashion, any and all reviews, approvals,
inspections, denials, disapprovals and/or comments made, undertaken
or communicated to any person requesting such agency's services.
(5)
Immediately informs the Township, in writing, if any person within,
employed by or engaged by the agency, or the agency itself, loses
any certification or registration or otherwise is precluded, prevented
or directed to cease performing services by any department or agency
having jurisdiction over such person or agency.
Administration and enforcement of the Code within the Township
of Hempfield may also be undertaken by:
A.
Entering into an agreement with one or more municipalities to provide for the joint administration and enforcement of this Act by the adoption of an ordinance approving an intermunicipal agreement pursuant to 53 Pa.C.S.A. Chapter 23, Subchapter A,[1] relating to intergovernmental cooperation; or
[1]
Editor's Note: See 53 Pa.C.S.A. § 2301 et seq.
The owner of a building or structure or any other person may
appeal from the decision of the Building Code Official regarding the
provisions of the Code hereby adopted by the Township of Hempfield,
covering the manner of construction or materials to be used in the
erection, alteration, or repair of a building or structure, to the
Board of Appeals. In addition, the Board of Appeals shall hold appeal
hearings of the Code Official decisions/interpretations, hear requests
for variances and extensions of time and otherwise conform to 34 Pa.
Code §§ 403.121 to 403.122 and amended Act 45 [35 P.S.
§ 7210.501(c)(4) to (5)]. The Board of Appeals shall be
that constituted by the Central Westmoreland Council of Governments
pursuant to an intermunicipal agreement, and said Board shall act
as the Board of Appeals of the Township of Hempfield in the manner
provided in the code, Act and Regulations and by the administrative
procedures established by the Central Westmoreland Council of Governments
and Pennsylvania Administrative Law.
All ordinances, resolutions, regulations and policies of the
Township of Hempfield not affected, modified or repealed by this chapter,
the code, Act or Regulations shall remain in full force and effect.
The Township of Hempfield 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
Board of Supervisors of the Township of Hempfield, by resolution,
from time to time.
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 $900 in costs incurred by the Township in enforcement
of said violation. Each day that a violation exists and continues
shall be a separate violation.
This chapter shall take affect October 5, 2009.
