[HISTORY: Adopted by the Board of Supervisors of the Township
of Silver Spring as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-26-2004 by Ord. No. 5-2004]
The Township 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.
A.
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 municipal building code of the Township.
B.
The 2015 International Code Council (ICC) and the provisions amended
by the UCC Review and Advisory Council (RAC), effective October 1,
2018, are hereby adopted by reference for Silver Spring Township with
the adoption by the Commonwealth of Pennsylvania.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Administration and enforcement of the code within the Township
shall be undertaken in any of the following ways as determined by
the Board of Supervisors of the Township from time to time by resolution:
A.
By the designation of an employee of the Township to serve as the
municipal code official to act on behalf of the Township;
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of the Township;
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of this Act through an intermunicipal
agreement;
D.
By entering into a contract with another municipality for the administration
and enforcement of this Act on behalf of the Township;
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
Board of Supervisors of the Township 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 Township on or before July 1, 1999, and which equal
or exceed the requirements of this 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 article and whose requirements
as 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 Township
not governed by the code shall remain in full force and effect.
Fees assessable by the Township for the administration and enforcement
undertaken pursuant to this article and the code shall be established
by the Board of Supervisors by resolution from time to time.
This article shall be effective on July 1, 2004.
[Adopted 1-25-2016 by Ord. No. 8-2016; amended in its entirety 5-24-2017 by Ord. No. 6-2017]
This article shall be known as the "Silver Spring Township Uniform
Construction Code Amendment Ordinance."
This article is enacted pursuant to the Second Class Township
Code and 35 P.S. § 7210.503.
The purpose of this article is to ensure that public health,
safety and welfare shall not be abridged within the Township by residential
construction activities involving detached residential accessory structures
and sleeping areas. The residents of the Township recognize that a
lack of these amendments represents a danger to the health, safety
and welfare of their neighbors and that each person in the community
is entitled to live in an environment in which these hazards are minimized
for the community good. It is the purpose and scope of this article
to provide regulations defining the size of detached residential accessory
structures which require a building permit and the building permit
requirements for the addition of residential sleeping areas in properties
and premises throughout the Township and to limit hazards, such as
structure fire and collapse, and the injuries and deaths that these
hazards cause. These regulations and prohibitions are intended to
protect the physical, mental and social well-being of the residents
of Silver Spring Township.
The Board of Supervisors finds that the filing of a building
permit application and the subsequent plan review and inspection of
construction projects involving detached residential accessory structures
in which an existing structure is extended beyond 500 gross square
feet or in which a new structure is constructed larger than 500 gross
square feet greatly benefits the health, safety and welfare of the
residents of the Township and creates a safer built environment in
which residents live; the Board of Supervisors also finds that the
filing of a building permit application and the subsequent plan review
and inspection of construction projects involving an increase in sleeping
areas, generally known as bedrooms, in residential structures, provides
the same health, safety and welfare benefits to the residents of the
Township.
As used in this article, the following terms shall have the
meanings indicated:
Means approved by the Silver Spring Township Building Code
Official.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces,
and similar areas are not considered habitable spaces.
The purpose for which a building or portion thereof is utilized
or occupied.
Any individual living or sleeping in a building or having
possession of a space within a building.
A Silver Spring Township, Pennsylvania, building inspector
or building code official.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
The following acts or the causing of these acts shall be required
to comply with this article. Any actor who performs the act and the
owner(s) of the property or premises shall be responsible for applying
for and obtaining a building permit from Silver Spring Township before
commencing or allowing the action of the following:
A.
The addition of a sleeping area within a property or its structures,
which increases the total number of sleeping areas lawfully permitted
under the structure's certificate of occupancy.
B.
The modification of any existing residential accessory structure,
which increases the gross square footage of the structure in excess
of 500 gross square feet.
C.
Any project involving the construction of a new residential accessory
structure, which exceeds 500 gross square feet.
This article may be enforced by any Silver Spring Township,
Pennsylvania, official, as defined in this article.
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction before a Magisterial District
Judge as a summary offense, be sentenced to pay a fine of not more
than $1,000. Every day that a violation of this article continues
shall constitute a separate offense.
Any person directly affected by a decision of the Silver Spring
Township Building Code Official or a notice or order issued under
this article shall have the right to appeal to the UCC Board of Appeals,
provided that a written application for appeal is filed within 20
days after the day the decision, notice or order was served. An application
for appeal shall be based on a claim that the true intent of this
article or the rules legally adopted thereunder have been incorrectly
interpreted, that the provisions of this article do not fully apply,
or that the requirements of this article are adequately satisfied
by other means.
The provisions of this article are not intended to interfere
with, abrogate or annul other laws, rules, regulations or ordinances.
If more stringent requirements concerning these acts or other acts
requiring building permits are contained in other statutes, rules,
regulations or ordinances, the more stringent regulation shall apply.
If any sentence, clause, section or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this article. It is hereby declared as the intent of the
Board of Supervisors that this article would have been adopted had
the unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included therein.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
This article shall take effect five days from the date of adoption.
