[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thereof which were adopted by the Township on or before July 1, 1999, and which were readopted and not specifically repealed by Ordinance No. 1444, which adopted the International Building Code, 2000 Edition, and which equal or exceed the requirements of the Uniform Construction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.