[HISTORY: Adopted by the Board of Supervisors of the Township
of Mount Pleasant 3-10-2010 by Ord. No. 150. Amendments noted where
applicable.]
The Township of Mount Pleasant hereby adopts the Uniform Construction
Code (hereinafter referred to as "code"), as designated and defined
by the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S.
§§ 7210.101 through 7210.1103 (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. The Uniform Construction Code,
contained in 34 Pa. Code, Chapters 401 to 405, as amended from time
to time, is hereby adopted and incorporated herein by reference as
the Township of Mount Pleasant Building Code.
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 to the Township of Mount Pleasant.
(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 Mount Pleasant."
(4)
International
Mechanical Code § 106.5.2 insert: "as set forth in a separate
resolution adopted by the Board of Supervisors of the Township of
Mount Pleasant."
(5)
International
Mechanical Code § 106.5.3(2) insert: "0%"; and in § 106.5.3(3)
insert: "75%."
(6)
International
Mechanical Code § 108.4 insert: "summary offense" in the
[specific offense] portion and insert a fine and imprisonment of "not
more than $1,000 plus costs of prosecution and, in default of payment
thereof, imprisonment for a term not exceeding 90 days."[1]
(8)
International
Fuel Gas Code § 106.5 insert: "as set forth in a separate
resolution adopted by the Board of Supervisors of the Township of
Mount Pleasant."
(9)
International
Fuel Gas Code § 106.5.3(2) insert: "0%"; and in § 106.5.3(3)
insert: "75%."
(10)
International
Fuel Gas Code § 106.5.2 insert: "as set forth in a separate
resolution adopted by the Board of Supervisors."
(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 § 108.4 insert: "summary offense" in the [specific
offense] portion; insert: "a fine of not more than $1,000 plus costs
of prosecution and, in default of payment thereof, imprisonment for
a term not exceeding 90 days" for the maximum fine and term of imprisonment.[3]
(14)
International
Plumbing Code § 106.6.2 insert: "as set forth in a separate
resolution adopted by the Board of Supervisors of the Township of
Mount Pleasant."
(16)
International
Plumbing Code § 106.6.3(2) insert: "0%"; and in § 106.6.3(3)
insert: "75%."
(17)
International
Plumbing Code § 108.5 insert: "as set forth in a separate
resolution adopted by the Board of Supervisors of the Township of
Mount Pleasant."
(18)
International
Plumbing Code § 305.6.1 insert: "40 inches" in both locations.
(19)
International
Plumbing Code § 904.1 insert: "24 inches."
(20)
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 temperature: 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.
(21)
International
Residential Code § P2603.61 insert: "40 inches" in both
places.
(22)
International
Residential Code § P31031.1 insert: "24 inches" in both
places.
(23)
International
Fire Code § 109.3 insert: "summary offense" in the [specific
offense] portion; insert "a fine of not more than $1,000 plus costs
of prosecution and, in default of payment thereof, imprisonment for
a term not exceeding 90 days" for the maximum fine and term of imprisonment.[6]
(26)
International
Existing Building Code § 1201.2 insert: "The effective date
of the Uniform Construction Code in the Township of Mount Pleasant."
B.
Subsequent amendments. If any provision of this section 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.
A.
The Township of Mount Pleasant 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, the Regulations promulgated thereunder, and the
code.
B.
Administration and enforcement of the code within the Township of
Mount Pleasant shall be undertaken in any of the following ways, as
determined by appropriate action of the Board of Supervisors of the
Township of Mount Pleasant from time to time by adoption of a resolution:
(1)
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 Mount Pleasant; 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 for 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:
(2)
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:
(a)
Is certified as a third-party agency by the Department of Labor
and Industry and provides proof of such certification satisfactory
to the Township;
(b)
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(s); and further providing the specific certifications held
by any and all persons performing services;
(c)
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;
(d)
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; and
(e)
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.
C.
Administration and enforcement of the code within the Township of
Mount Pleasant may also be undertaken by:
(1)
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 Subch. A, relating to intergovernmental cooperation;
or
(2)
Entering into a contract with another municipality for the 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 Subch.
A, relating to intergovernmental cooperation.[1]
[1]
Editor's Note: See 53 Pa.C.S.A. § 2301 et seq.
A.
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 Mount Pleasant 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's decisions/interpretations, hear requests for variances
and extensions of time and otherwise conform to 34 Pa. Code §§ 403.121
and 403.122 and amended Act 45 [35 P.S. § 7210.501(c)(4)-(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 Mount
Pleasant 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.
The Township of Mount Pleasant 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 Mount Pleasant 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 in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be punishable by a fine of not more than $1,000,
plus costs of prosecution. In default of payment thereof, the defendant
may be sentenced to imprisonment for a term not exceeding 90 days.
Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. Each day that a violation exists and continues shall be a
separate violation.
