[Ord. 414, 5/4/2004, § 1]
The Township of Baldwin hereby elects to administer and enforce
the provisions of the Pennsylvania Construction Code Act, Act 45 of
1999, as amended from time to time, and its regulations.
[Ord. 414, 5/4/2004, § 2]
The Uniform Construction Code, contained in 34 Pa.Code, Chapters
401-405 et seq., as amended from time to time, is hereby adopted and
incorporated herein by reference as the municipal building code of
the Township of Baldwin.
[Ord. 414, 5/4/2004, § 2A; as added by Ord. 435, 8/7/2007, § 1]
1.
In addition to all types of construction, placement of structures,
repairs, and alterations for which the Uniform Construction Code requires
a permit, the Township, pursuant to the authority set forth in Act
92 of 2004, 35 P.S. § 7210.103 et seq., shall require persons
to obtain building permits for all of the following:
A.
The construction, erection, or placement of any accessory structure
which is equal to or greater then 200 square feet, whether or not
such accessory structure is connected to any utility.
B.
The construction, erection, or placement of any accessory structure
which is less then 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.
The construction, erection, or placement of a deck, porch or stoop
at or on any structure or residence.
D.
All alterations or repairs to residential buildings which are exempt
from the UCC by Act 92 of 2004, 35 P.S. § 7210.103 et seq.;
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
the size of the existing opening.
(2)
Re-roofing of less the 25% of the total existing roof square
footage.
(3)
Replacement of 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, 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,
porch or 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 of 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.
[Ord. 414, 5/4/2004, § 3]
1.
Administration and enforcement of the Code within The Township of
Baldwin shall be undertaken in any of the following ways as determined
by the governing body of The Township of Baldwin 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 of Baldwin.
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.
[Ord. 414, 5/4/2004, § 4]
A Board of Appeals shall be established by resolution of the
governing body of the Township of Baldwin 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 mor other municipalities,
the Board of Appeals shall be established by joint action of the participating
municipalities.
[Ord. 414, 5/4/2004, §§ 5 — 7]
1.
All building code ordinances or portions of ordinances which were
adopted by the Township of Baldwin 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.
2.
All building code ordinances or portions or ordinances which are
in effect as of the effective date of this Part and whose requirements
are less than the minimum requirements of the Code are hereby amended
to conform with the comparable provisions of the Code.
3.
All relevant ordinances, regulations and policies of the Township
of Baldwin not governed by the Code shall remain in full force and
effect.
[Ord. 414, 5/4/2004, § 8]
Fees assessable by the Township for the administration and enforcement
undertaken pursuant to this Part and the code shall be established
by the governing body by resolution from time to time.
[Ord. 449, 8/3/2010, § 1]
A certain document, three copies of which are on file in the office of the Secretary of the Township of Baldwin, being marked and designated as the International Property Maintenance Code, 2009 edition, as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the Township of Baldwin, in the State of Pennsylvania; for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures in the Township of Baldwin; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this Part, with the additions, insertions, deletions and changes, if any, prescribed in § 5-202 of this Part.
[Ord. 449, 8/3/2010, § 2]
1.
The 2009 International Property Maintenance Code is amended and revised,
with additions, deletions and changes noted in the following respects:
A.
Section 101.1, page 1, second line. Insert "Township
of Baldwin" in space provided.
B.
Section 103, Department of Property Maintenance Inspection. Delete the reference to "Department of Property Maintenance Inspection"
and replace the deleted reference with a reference to "Code Official."
(1)
Revise § 103.1 to read:
103.1. General. The official in charge of enforcing
this Part shall be known as the Code Official. The Code Official may
be an individual or a corporation or other organization providing
Property Maintenance Code enforcement services.
(2)
Revise § 103.5 to read:
103.5. Fees. Fees shall be as set forth in the
Baldwin Township Fee Schedule as adopted by the Board of Commissioners
from time to time.
C.
Section 106. Violations. Delete Subsection 106.4, Violation
Penalties, and replace it with the following:
106.4. Penalties. Any person, firm or corporation
who shall violate any provision of this Code shall, upon conviction
thereof, be subject to a fine of not more than $1,000. Each day that
a violation continues shall constitute a separate offense.
D.
Section 109.5. Delete Subsection 109.5, Costs of Emergency
Repairs, and replace it with the following:
Section 109.5. Costs of Emergency Repairs. Costs
incurred in the performance of emergency work may be paid by the Township.
Said costs incurred shall be a municipal claim and municipal lien
on the property. The legal counsel of the Township shall institute
appropriate action to enforce the municipal claims and lien on the
property and may also institute such other legal action against the
property owner or agent of the premises where the unsafe structure
is or was located for the recovery of such costs, plus attorney's
fees, including, but not limited to, filing of municipal claims pursuant
to 53 P.S. § 7107 et seq., for the cost of the emergency
work, 6% interest per annum, plus a penalty of 5% of the amount due
plus attorney's fees and costs incurred by the Township in connection
with the emergency work and filing of the municipality claim.
E.
Section 111, Means of Appeal. Delete § 111,
Means of Appeal, in its entirety and replace it with the following:
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111.1. Application for Appeal. Any person aggrieved
by a decision of the Code Official or a notice or order issued under
this Code shall have the right to appeal, within 20 days after the
date of the decision, notice or order appealed from, to the Baldwin
Township Board of Commissioners, which shall have jurisdiction to
hear and rule on appeals filed hereunder. Such appeal shall be filed
in writing, shall state the grounds for appeal, be accompanied by
the required appeal fee, $100 or such other fee as may be set hereafter
by resolution under the Township of Baldwin Fee Schedule, and shall
be processed and heard in accordance with the procedural requirements
of the Construction Code Board of Appeals Rules of Procedure and Operation,
provided further that any substantive requirements of such Rules of
Procedure and Operation applicable only to appeals under the Uniform
Construction Code shall not apply to appeals under the Property Maintenance
Code.
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111.2. All appeals under the Property Maintenance
Code must be based on a claim that the true intent of this Code or
the rules legally adopted thereunder have been incorrectly interpreted,
that the provisions of this Code do not apply, that the requirements
of this Code are satisfied by other means or that the strict application
of the Code would cause an undue hardship due to the unique circumstances
involving the property in question such that strict application of
the Code would prevent the property owner or occupant from making
reasonable use of the property.
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111.3. The Board may consider the following factors
in deciding a claim of hardship:
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111.3.1. Whether the owner or occupant
has complied with prior orders or agreements covering maintenance
of the property.
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111.3.2. Whether the owner or occupant
has a history of investment or improvement at the property.
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111.3.3. Whether the cost of repair
or compliance is reasonable in relation to the value of the property
and the danger presented by the property.
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111.3.4. Whether enforcement of the
Code would result in a taking without compensation.
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111.3.5. The length of time any violations
have existed.
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111.3.6. Degree of mitigation attempted.
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111.3.7. Number and severity of violations
at the property.
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111.3.8. Visibility of violations from
the street and neighboring properties.
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111.3.9. Existence of similar conditions
at neighboring properties.
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111.3.10. Danger presented by the violations
to children, sick or elderly.
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111.4. The Board of Appeals shall have no authority
to waive requirements of the Property Maintenance Code except upon
a finding of undue hardship made pursuant to §§ 111.1,
111.2 and 111.3.
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111.5. Stays of Enforcement. Appeals of notices
and orders of the Code Official (other than Imminent Danger notices)
shall stay the enforcement of the notice and order until the appeal
is heard by the Township Board of Commissioners.
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111.6. Board of Commissioners Hearing and Decision. A hearing shall be held before Township Board of Commissioners,
within 30 days of the appeal, to determine the propriety of the decision,
notice or order in accordance with the criteria set forth in § 111.A.
The Township Board of Commissioners shall render a decision in the
matter within 45 days of the close of the hearing. The written decision
shall be served upon appellant by U.S. Mail, First Class, mailed within
5 business days of the date of the decision.
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111.7. Administration of Board of Commissioners Decision. The Code Official shall take immediate action in accordance with
the decision of the Township Board of Commissioners.
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111.8. Court Review. Any property owner or other
person aggrieved by a decision of Board of Commissioners shall have
the right to apply to the appropriate court for a petition for a writ
of certiorari to correct errors of law. Applications for review shall
be made in the manner and within such time required by law following
the date of the notice of decision.
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F.
Chapter 3, General Requirements, § 302, Exterior
Property Areas.
(1)
In § 302.4, Weeds, delete the first sentence and replace
it with the following:
All premises and exterior property shall be maintained free
from weeds or grasses in excess of eight inches (or 203.2 mm) in height.
(2)
Add new Subsection 302.10, Prohibited Furniture, to read as
follows:
302.10. Prohibited Furniture. Furniture which would
be adversely affected by the elements and are susceptible to infestation
by insects, rats or other vermin is prohibited from being placed or
stored on exterior property. Such prohibited furniture shall include,
but is not limited to, upholstered couches and couches, davenports,
beds, sofas and any other interior-type fabric-covered articles not
designed or intended for use in an exterior area.
G.
Section 304. Exterior Structure. Section 304.14, Insect
Screens. Insert dates as follows in the space provided: "from May
1st to October 1st."
H.
Section 308.2. Disposal of Rubbish. Amend this section
to read as follows:
308.2. Disposal of Rubbish. Both the owner and
occupant of a structure shall be responsible for the disposal of all
rubbish in a clean and sanitary manner by placing such rubbish in
approved containers.
I.
Section 308.3. Disposal of Garbage. Amend this section
to read as follows:
308.3. Disposal of Garbage. Both the owner and
occupant of a structure shall be responsible for the disposal of garbage
in a clean and sanitary manner by placing such garbage in an approved
garbage disposal facility or approved garbage containers.
J.
Section 602.3. Insert dates as follows in the space
provided: "from October 31st to April 1st."
K.
Section 602.4. Occupiable Work Spaces. Insert dates
as follows in the space provided: "from October 31st to April 1st."
