[HISTORY: Adopted by the Board of Supervisors of the Township
of Fairview 6-28-2004 by Ord. No. 2004-2 (Ch. 5, Part 1, of
the 1991 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch.
96.
Floodplain management — See Ch.
151.
Grading and excavation — See Ch.
156.
Property maintenance — See Ch.
215.
Stormwater management — See Ch.
252.
Subdivision and land development — See Ch.
260.
[Amended 7-26-2004 by Ord. No. 2004-5; 1-29-2007 by Ord. No. 2007-1]
A. This municipality hereby elects to administer and enforce the provisions
of the Pennsylvania Uniform Construction Code Act, Act 45 of 1999,
35 P.S. §§ 7210.101 through 7210.1103, as amended from
time to time, and its regulations, as set forth in 34 Pa. Code, Chapters
401 through 405, as amended from time to time, subject to the following
modifications:
[Amended 4-30-2012 by Ord. No. 2012-3]
|
For application for the exclusion and exemption set forth in
34 Pa. Code § 403.1(b)(3) within Fairview Township, said
Code section is hereby amended to read:
|
|
|
(3)
|
The following structures, if the structure has a building area
less than 400 square feet, the structure will not be equipped with
heating, cooling, electric, water or sewer service and is accessory
to a single-family dwelling:
|
|
|
|
a.
|
Carports.
|
|
|
|
b.
|
Detached private garages.
|
|
|
|
c.
|
Greenhouses.
|
|
|
|
d.
|
Sheds.
|
|
A.
|
For application of the Uniform Construction Code in Fairview
Township, the exclusion and exemption set forth in 34 Pa. Code § 403.1(b)(8)
for alterations to residential buildings which do not make structural
changes or changes to means of egress is hereby deleted. Those permit
exclusions set forth in Section R105.2 of the 2009 International Residential
Code (and successor codes) shall continue to apply.
|
|
B.
|
For application of the Uniform Construction Code in Fairview
Township, the exclusion and exemption set forth in 34 Pa. Code § 403.1(b)(9)
for repairs to residential buildings. Those permit exclusions set
forth in Section R105.2 of the 2009 International Residential Code
(and successor code) shall continue to apply.
|
B. The code is hereby adopted and incorporated herein by reference as
the municipal building code of Fairview Township. The following revisions
are made to the respective codes, which shall be effective for all
current and subsequent building code updates for equivalent sections
of the respective codes, in conjunction with the UCC Act. Where conflicts
arise, the UCC will apply:
(1) International Building Code.
(a)
Section 101.1, insert "Fairview Township."
(b)
Section 1612.3, insert "Fairview Township."
(c)
Section 1612.3, insert "February 15, 1978."
(d)
Section 3410.2, insert July 8, 2004.
(2) International Residential Code.
(a)
Section R101.1, insert "Fairview Township."
(b)
Table R301.2(1), insert the following in quotation: Ground Snow
Load = "30 pounds per square feet."; Wind Speed (MPH) = "90"; Seismic
Design Category = "B"; Weathering = "Severe"; Frost Line Depth = "36
inches"; Termite = "Moderate to Heavy"; Decay = "Slight — Moderate";
Winter Design Temp = "20°"; Ice Shield Underlayment Required =
"Yes"; Flood Hazards = "September 25, 2009"; Air Freezing Index =
"784"; Mean Annual Temp. = "53.1°".
(c)
Section P2603.6.1, insert "42 inches to bottom of pipe"; "42
inches to bottom of pipe".
(d)
Section P3103.1, insert "six inches"; "three inches."
(3) International Mechanical Code.
(a)
Section 101.1, insert "Fairview Township."
(b)
Section 106.5.2, insert "Code of Fairview Township, Chapter
A302, Fee Schedule."
(c)
Section 106.5.3, insert "50%"; "50%."
(d)
Section 108.4, insert "summary"; "$1,000";
(e)
Section 108.5, insert "$50"; "$1,000."
(4) International Fuel Gas Code.
(a)
Section 101.1, insert "Fairview Township."
(b)
Section 106.5.2, insert "Code of Fairview Township, Chapter
A302, Fee Schedule."
(c)
Section 106.5.3, insert "50%"; "50%."
(d)
Section 108.4, insert "summary"; $1,000";
(e)
Section 108.5, insert "$50"; $1,000."
(5) International Plumbing Code.
(a)
Section 101.1, insert "Fairview Township."
(b)
Section 106.6.2, insert "Code of Fairview Township, Chapter
A302, Fee Schedule."
(c)
Section 106.6.3, insert "50%"; "50%."
(d)
Section 108.4, insert "summary"; "$1,000";
(e)
Section 108.5, insert "50"; $1,000."
(f)
Section 305.6.1, insert "42 inches"; "42 inches."
(g)
Section 904.1, insert "six inches."
(6) International Fire Code.
(a)
Section 101.1, insert "Fairview Township."
(b)
Section 109.3, insert "summary"; "$1,000";
(c)
Section 111.4, insert "$50"; "$1,000."
(d)
Section 3404.2.9.6.1, insert "In the Rural Living, Single-Family
Residential, Residential Mixed Use, Village Residential, Village Mixed
Use and Village Business Districts."
(e)
Section 3406.2.4.4, insert "In the Rural Living, Single-Family
Residential, Residential Mixed Use, Village Residential, Village Mixed
Use and Village Business Districts."
(f)
Section 3804.2, insert "In the Rural Living, Single-Family Residential,
Residential Mixed Use, Village Residential, Village Mixed Use and
Village Business Districts."
(7) International Energy Conservation Code
(a)
Section 101.1, insert "Fairview Township."
(8) International Existing Building Code.
(a)
Section 101.1, insert "Fairview Township."
(b)
Section 1301.2, insert "July 8, 2004."
(9) International Urban-Wildland Interface Code.
(a)
Section 101.1, insert "Fairview Township."
C. Administration and enforcement of the code within Fairview Township
shall be undertaken in any of the following ways as determined by
the Board of Supervisors of Fairview Township from time to time by
resolution:
(1) By the designation of an employee of the municipality to serve as
the municipal code official to act on behalf of the municipality for
administration and enforcement of the code;
(2) By the retention of one or more construction code officials or third-party
agencies to act on behalf of the municipality for administration and
enforcement of the code;
(3) By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement under 53 Pa.C.S. Chapter
23, Subchapter A (relating to intergovernmental cooperation);
(4) By entering into a contract with the proper authorities of another
municipality for the administration and enforcement of this Act on
behalf of this municipality. When such a contract has been entered
into, the municipal code official shall have all powers and authority
conferred by law in the municipality which has contracted to secure
such services;
(5) By entering into an agreement with the Pennsylvania Department of
Labor and Industry for plan reviews, inspections and enforcement of
structures other than one-family or two-family dwelling units and
utility and miscellaneous use structures.
D. A Board of Appeals shall be established by resolution of Fairview
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. The Board of Appeals may be established by joint action
of Fairview Township and other participating municipalities, as provided
by law. 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.
E. The Building Code to be applied shall be determined by using the
following criteria:
(1) The Fairview Township Building Code Ordinance, No. 89-5, together
with any amendments, is hereby repealed for all buildings for which
permits are issued after the effective date of this chapter. It shall
remain in full force and effect for any improvements for which complete
permit applications were filed before the effective date of this chapter.
(2) All building code ordinances or portions of ordinances which were
adopted by this municipality 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, at which time the provisions of such ordinances shall be
amended to provide for the minimum requirements of the regulations
promulgated under the code.
(3) 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.
(4) All relevant ordinances, regulations and policies of Fairview Township
not governed by the code shall remain in full force and effect, and
any permits required by Fairview Township ordinances, or state or
federal statutes or regulations, which are not superseded by the code,
including but not limited to, zoning, driveway, sewage, highway or
NPDES permits, as applicable, shall continue to be required.
(5) It is the intent of this
chapter that, by adopting the code, Fairview Township adopts all building
or other codes which have been adopted and mandated by the code, including
but not limited to the International Fuel Gas Code, and, as the code
is amended to include or adopt new or updated versions of any building
or other codes, such codes automatically shall be updated as part
of this chapter.
F. Final inspections and occupancy certificates as required under or issued in conjunction with the code shall be conducted and issued with, and at the same time as, final inspections and use and occupancy certificates required by Chapter
300, Zoning. No inspection or permit shall be conducted or issued under either this chapter or Chapter
300, Zoning, separately from the other. It shall be the responsibility of the applicant to request such inspections or permits from both the Township's Building Code Official and Zoning Enforcement Officer, who shall be responsible between them for coordinating the inspections and the issuance of the required permits within the time set by the code and Chapter
300, Zoning.
G. Any owner or person, as those terms are defined in the code, who
or which violates or permits the violation of any provision of this
chapter or of the code shall commit a summary criminal offense, and,
upon conviction by a Magisterial District Judge, shall be subject
to a fine of up to $1,000 plus costs, and imprisonment to the extent
allowed by law for summary offenses for each violation. Each day of
a violation, and each separate violation of this chapter or the code,
shall be considered a separate violation.
H. Fees assessable by Fairview Township for the administration and enforcement
undertaken pursuant to this chapter and the code shall be established
by the Board of Supervisors by resolution from time to time.
I. Repealer. All ordinances or parts of ordinances that are inconsistent
herewith are hereby repealed.
J. Severability. If any sentence, clause, section or part of this chapter
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 chapter. It is hereby declared as the intent of the
Board of Supervisors that this chapter would have been adopted had
such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.
K. Effective date. This chapter shall become effective February 5, 2007.