[HISTORY: Adopted by the Borough Council of the Borough of
Mahanoy City 6-8-2004 by Ord. No. 2004-3.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance provided for an effective date
of 7-8-2004.
The Borough of Mahanoy City 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, is hereby adopted and
incorporated herein by reference as the Municipal Building Code of
the Borough of Mahanoy City.
Administration and enforcement of the code within the Borough
of Mahanoy City shall be undertaken in any of the following ways as
determined by the Borough Council of the Borough of Mahanoy City from
time to time by resolution:
A.
By the designation of an employee of the Borough of Mahanoy City
to serve as the Municipal Code Official to act on behalf of the Borough
of Mahanoy City;
B.
By the retention of one or more Construction Code Officials or third-party
agencies to act on behalf of the Borough of Mahanoy City;
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of this chapter through an intermunicipal
agreement;
D.
By entering into a contract with another municipality for the administration
and enforcement of this chapter on behalf of the Borough of Mahanoy
City;
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.
A Board of Appeals shall be established by resolution of the
Borough Council of the Borough of Mahanoy City 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.
A.
All building code ordinances or portions of ordinances which were
adopted by the Borough of Mahanoy City 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 Borough
of Mahanoy City not governed by the code shall remain in full force
and effect.
Fees assessable by the Borough of Mahanoy City for the administration
and enforcement undertaken pursuant to this chapter and the code shall
be established by Borough Council of the Borough of Mahanoy City by
resolution from time to time.
This chapter shall become effective July 8, 2004.
[Added 4-12-2011 by Ord. No. 2011-3]
In addition to all types of construction, placement of structures,
repairs, and alterations for which the Uniform Construction Code requires
a permit, and pursuant to the authorization of Act 92 of 2004, all
persons shall be required to obtain permits under the Construction
Code for all of the following:
A.
The construction or placement of any accessory structure which is
equal to or greater than 200 square feet, whether or not such accessory
structure is connected to any utility.
B.
The construction or placement of any accessory structure which is
less than 200 square feet if such accessory structure is provided
with any utility service. The applicant shall obtain a permit only
for the purpose of inspection for the utility or utilities being installed
or provided to the accessory structure.
C.
For all new construction, the radon control methods set forth in
Appendix F of the International Residential Code of 2009, and any
supplements or amendments thereto, must be complied with and adhered
to by the owner or authorized agent.
D.
All alterations or repairs to residential buildings which are exempt
from the UCC by Act 92 of 2004;[1] provided, however, that the following types of alterations
and repairs shall continue to be exempt and no permit will be required:
(1)
Replacement of windows and doors when there is no change in size
of the existing opening.
(2)
Reroofing of less than 25% of the total existing roof square footage.
(3)
Replacement of a hot water heater, boiler, or furnace, or the replacement
of any part of a hot water heater, boiler, or furnace with the same
efficiency rating and electrical and plumbing requirements.
(4)
Addition or replacement of siding on the exterior of the residential
structure.
(5)
Repair or replacement of any nonstructural portion of a deck or porch
stoop.
(6)
Replacement of an appliance switch or receptacle with a switch or
receptacle which is the same or has a like rating.
(7)
The addition of one appliance switch or receptacle.
(8)
The repair or replacement of any nonstructural member.
(9)
The repair or replacement of any sink, toilet, tub, shower, or similar
plumbing fixture without relocation of any drain or venting device.
(10)
Fences that are no more than six feet high.
(11)
Retaining walls that are not over four feet high, measured from the
lowest level of grade to the top of the wall, unless the wall supports
a surcharge.
(12)
Water tanks supported directly upon grade if the capacity does not
exceed 5,000 gallons and the ratio of height to diameter or width
does not exceed two to one.
(13)
Prefabricated swimming pools that are less than 24 inches deep.
(14)
Swings and other playground equipment accessory to a one- or two-family
dwelling.
(15)
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.
(16)
Installation or rearrangement of communications wiring.
(17)
Decks not exceeding 200 square feet in area that are not more than
30 inches above grade at any point, are not attached to a dwelling
and do not serve the exit door required by Section R311.4 of the International
Residential Code.
(18)
An ordinary repair does not require a permit. The following are not
ordinary repairs:
[1]
Editor's Note: See 35 P.S. § 7210.104.
