[Adopted as Title 3, Ch. 1, of the 1977 Code[1]]
[1]
Editor's Note: This article was adopted 12-17-1979 by Ord.
No. 917 and amended 7-6-1981 by Ord. No. 951; 8-3-1981 by Ord. No.
957; 11-9-1981 by Ord. No. 959; 12-21-1981 by Ord. No. 967; 12-21-1981
by Ord. No. 968; 4-5-1982 by Ord. No. 981; 6-7-1982 by Ord. No. 991;
8-23-1982 by Ord. No. 996; 2-7-1983 by Ord. No. 1012; 9-4-1984 by
Ord. No. 1049; 11-13-1984 by Ord. No. 1053; 3-18-1985 by Ord. No.
1065; 8-5-1985 by Ord. No. 1081; 11-6-1985 by Ord. No. 1086; 7-7-1986
by Ord. No. 1102; 11-2-1987 by Ord. No. 1145; 9-6-1988 by Ord. No.
1165; 8-6-1990 by Ord. No. 1224; 9-24-1990 by Ord. No. 1236; 7-15-1991
by Ord. No. 1258; 1-10-1994 by Ord. No. 1312; 9-12-1994 by Ord. No.
1322; 2-12-1996 by Ord. No. 1345; 12-2-1996 by Ord. No. 1353; 5-4-1998
by Ord. No. 1378; 9-13-1999 by Ord. No. 1398; 2-4-2002 by Ord. No.
1444; 8-4-2003 by Ord. No. 1472; and 6-28-2004 by Ord. No. 1491.
There is hereby adopted by the Township of Upper Moreland as
the building code of the Township the Pennsylvania Uniform Construction
Code, as established by Act 45 of 1999, 35 P.S. § 7210.101
et seq., as amended from time to time, and the regulations adopted
under its authority, set forth in 34 Pa. Code, Chapters 401-405, as
amended from time to time (the "Uniform Construction Code" or "code").
Administration and enforcement of the Uniform Construction Code
shall be undertaken by the designation of the Director of Code Enforcement
to serve as the Township's Code Official to act on behalf of the Township.
Additional persons to act on behalf of the Township may be designated
from time to time, as determined necessary by the Board of Commissioners
by resolution.
A.
All building code ordinances or portions thereof which were adopted
by the Township on or before July 1, 1999, and which were readopted
and not specifically repealed by Ordinance No. 1444, which adopted
the International Building Code, 2000 Edition, and which equal or
exceed the requirements of the Uniform Construction Code, shall continue
in full force and effect until such time as such provisions fail to
equal or exceed the minimum requirements of the Uniform Construction
Code, as amended from time to time.
B.
All ordinances, regulations, and policies of the Township not specifically
governed by the provisions of the code shall remain in full force
and effect.
[Amended 6-3-2013 by Ord. No. 1622]
A.
To the extent that it is not inconsistent with Pennsylvania law,
a Board of Appeals shall be established as follows:
(1)
Membership of the Board of Appeals. The Board of Appeals shall consist
of five members appointed by the Upper Moreland Township Board of
Commissioners and whose terms shall be staggered. In order to create
the required staggered terms, the initial term for the first board
of appeals constituted pursuant to this section shall be one member
for five years, one member for four years, one member for three years,
one member for two years and one member for one year. Thereafter,
every subsequent member appointed shall serve a term of five years.
(2)
Member qualifications. The Board of Appeals shall consist of five
individuals, one from each of the following professions or disciplines:
(a)
Registered design professional who is a registered architect;
or a builder or superintendent of building construction with at least
10 years' experience, five of which shall have been in responsible
charge of work.
(b)
Registered design professional with structural engineering or
architectural experience.
(c)
Registered design professional with mechanical or plumbing engineering
experience; or a mechanical or plumbing contractor with at least 10
years' experience, five of which shall have been in responsible charge
of work.
(d)
Registered design professional with electrical engineering experience;
or an electrical contractor with at least 10 years' experience, five
of which shall have been in responsible charge of work.
(e)
Registered design professional with fire protection engineering
experience; or a fire protection contractor with at least 10 years'
experience, five of which shall have been in responsible charge of
work.
(3)
Board of Appeals Chairman. The members of the Board of Appeals shall
annually select one of its members to serve as Chairman of the Board
of Appeals.
(4)
Board of Appeals Secretary. Upper Moreland Township shall designate
an individual who may or may not be a Board of Appeals member to serve
as Secretary to the Board. The Secretary shall file a detailed record
of all proceedings to Upper Moreland Township within a reasonable
time after the conclusion of such proceedings.
(5)
Alternative members. The Upper Moreland Township shall also appoint
two alternative members who shall be called by the Chairman of the
Board of Appeals to hear appeals during the absence or disqualification
of a member. Alternative members shall possess one of the qualifications
required for Board membership and shall serve a term of five years.
(6)
Disqualification of a member. A member shall not hear an appeal in
which that member has any personal, professional or financial interest.
No member or alternate member may also be a member of the Upper Moreland
Township Commissioners, a member or alternate member of the Upper
Moreland Township Zoning Hearing Board, or a code officer for Upper
Moreland Township.
(7)
Upper Moreland Township may fill a position on the Board of Appeals
with a qualified person who resides outside of Upper Moreland Township
when it cannot reasonably find a person within Upper Moreland Township
who satisfies the requirements as stated above.
(8)
In the event that Section 501(c)(1) of the Pennsylvania Construction
Code Act[1] is amended by the Pennsylvania legislature to set forth qualifications for membership on a board of appeals that are different from those qualifications set forth in Subsection A(2) above, then those qualifications set forth by statute shall be controlling.
[1]
Editor's Note: See 35 P.S. § 7210.501(c)(1).
B.
To the extent that it is not inconsistent with Pennsylvania law and
regulations, the Board of Appeals shall hear and rule on appeals,
requests for variances and requests for extensions of time. An application
for an appeal shall be based on a claim that the true intent of the
Act or Uniform Construction Code has been incorrectly interpreted,
the provisions of the Act or Uniform Construction Code do not fully
apply or an equivalent form of construction is to be used. The procedure
for filing an appeal or request with the Board of Appeals and the
process for determining and evaluating any appeal or request filed
shall be as set forth in Title 34 Pa. Code, §§ 403.121
and 403.122. A fee schedule for any and all applicable fees required
for filing an appeal pursuant to this section shall be set forth by
the Township by resolution from time to time.
A.
Permit required: It shall be unlawful for any person to commence
work for the erection, alteration, addition, repair, roofing, siding,
removal or demolition of any building or structure; or change in occupancy
of a building or structure requiring greater strength, exitways or
sanitary provisions; change to another use; or the installation or
alteration of any equipment which this code regulates, without first
filing an application with the Code Official in writing and obtaining
the required permit therefor, except for ordinary repairs, as hereafter
defined.
(1)
"Ordinary repairs." Ordinary repairs to structures may be made without
application or notice to the Code Official. Ordinary repairs shall
not include the cutting away of any wall, partition, or portion thereof,
the removal or cutting of any structural beam or bearing support,
or the removal or change of any required means of egress or rearrangement
of parts of a structure affecting its exitway requirements. Except
as hereafter provided, ordinary repairs shall not include additions
to, alteration or replacement of roofing or siding, replacement or
relocation of any standpipe, water supply, sewer, drainage, drain
leader, gas, soil, waster, vent or similar piping, electric wiring
or mechanical or other work affecting the health or safety. Without
limiting the generality of the foregoing, the following items of work
shall fall within the meaning of "ordinary repairs:"
(a)
Construction of utility sheds under the size of 10 feet by 12 feet, provided that such utility shed complies with the applicable regulations under Chapter 350, Zoning, of the Township Code and is anchored to the ground.
(b)
Roofing of residential detached accessory buildings.
(c)
Replacement of siding under $1,000 in cost.
(d)
Replacement of windows or doors into existing openings, replacement
of residential garage doors into existing openings.
(e)
Replacement of kitchen cabinets not requiring alterations or
relocation of plumbing fixtures.
(f)
Capping of windows, soffits and other trim work with vinyl or
aluminum materials.
(g)
Residential interior alterations, not involving the removal
of any wall or exceeding $1,000 in cost, and the enclosure of any
existing screened porch with an existing roof.
(h)
Replacement of an existing residential fence with a fence of
the same height and location.
(i)
Installation of landscaping or ornamental features, provided
that such landscaping shall not be construed to include the construction
of decks or other structures for occupancy by humans above ground
level.
(j)
Commercial sign replacement into existing frames.
(k)
Residential driveway paving overlays.
B.
Suspension of permit. Any permit issued shall become invalid if the
authorized work is not commenced within six months after the issuance
of the permit, and such permit shall lapse and become invalid if the
authorized work is not completed in accordance with the approved plans
within one year after the issuance of the permit, provided that the
Department of Code Enforcement shall grant an extension of an additional
period of six months upon application by the permit holder and thereafter
may grant additional extensions upon cause shown for the granting
of such extension.
C.
Fee schedule. The fees for permits for all mechanical work shall be as set forth in the fee schedule established in Chapter 140, Fees, Rates and Permits, of the Township Code of Upper Moreland Township.
D.
Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop-work order, except such work as that person has been directed to perform by the Code Official to remove a violation or correct an unsafe condition, shall be in violation of the terms of this Code and liable to a fine as provided in § 115-6 hereof.
Any person who shall violate any provision of the article, or
who shall fail to comply with any of the requirements hereof, or who
shall fail to correct, in the time provided by the code, the defects
in the dwelling, building or structure for which such person shall
have been cited, shall, upon summary conviction before a magisterial
district judge, pay a penalty of not less than $100 or more than $1,000
and, in default of payment of such fine, be imprisoned for not less
than one day or more than 30 days. Each day that a violation continues
or that a person shall fail to comply with any provision, after notification
by the Department of Code Enforcement, shall constitute a separate
violation, subject to a separate offense punishable by a like fine
or penalty.
