[Ord. 2124, 4/12/2004, § 1]
The Township of Ross hereby elects to administer and enforce
the provisions of the Pennsylvania Construction Code Act, Act 45 of
1999, 35 P.S. §§ 7210.101 — 7210.1103,
as amended from time to time, and its regulations.
[Ord. 2124, 4/12/2004, § 2]
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401 — 405, as amended from time to time, is hereby
adopted and incorporated herein by reference as the municipal building
code of the Township.
[Ord. 2124, 4/12/2004, § 3]
1.
Administration and enforcement of the Code within the Township of
Ross shall be undertaken in any of the following ways as determined
by the Board of Commissioners of this 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.
[Ord. 2124, 4/12/2004, § 4]
Board of Appeals shall be established by resolution of the Board
of Commissioners of this 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.
[1]
Editor's Note: Former § 5-105, Savings Clause, as
amended, was repealed by Ord. No.
2498, 3/20/2023.
[Ord. 2124, 4/12/2004, § 6]
Fees assessable by the Township for the administration and enforcement
undertaken pursuant to this Part and the code shall be established
by the Board of Commissioners by resolution from time to time.
[Added by Ord. No. 2399, 7/17/2017]
1.
The Building Code Official shall issue a certificate of occupancy
to an uncertified building if it meets the requirements of the latest
version of the International Existing Building Code or Chapter 34
of the International Building Code, and the Building Code Official
shall utilize the code for the municipality which, in his professional
judgment, he deems to best apply.
2.
The Building Code Official may deny the issuance of a certificate
of occupancy if the official deems that a building is unsafe because
of inadequate means of egress, inadequate lighting and ventilation,
fire hazards or other dangers to human life or to public welfare.
3.
The Building Code Official shall issue a certificate of occupancy
to an uncertified building if that building meets the requirements
of this section.
4.
An uncertified building shall comply with the following:
A.
Maximum story height, minimum allowable construction type based on
floor area, vertical opening and shaft protection, means of egress
requirements of the International Building Code pertaining to minimum
number of exits, maximum travel distances to exits, means of egress
illumination, minimum egress widths and heights for exit doors, exit
stairs, exit ramps and exit corridors. Waivers shall be as follows:
(1)
The Department may waive requirements for minimum egress widths
and heights for exits, exit access doors, exit ramps and exit corridors
if the Department determines that any nonconforming openings provide
sufficient width and height for building occupants to pass through
or egress the building.
(2)
The Department may waive any requirements under this subsection
if:
(a)
The Department determines a requirement to be technically infeasible;
or
(3)
A waiver shall be documented on the certificate of occupancy.
B.
Firesafety requirements of the International Building Code with respect
to fire alarms, fire extinguishers, heat and smoke detectors, automatic
sprinkler systems and occupancy and incidental use separations. If
the code requires that a building have automatic sprinkler systems,
the only buildings required to install automatic sprinkler systems
shall be those buildings classified in Use Groups E (educational),
H (high-hazard), I (institutional), R-1 or R-2 (residential) and those
buildings which have occupied floors more than 75 feet above the lowest
level of Fire Department access. Buildings in Use Groups R-1 and R-2
which do not have occupied floors more than 75 feet above the lowest
level of Fire Department access may, instead of installing automatic
sprinkler systems, install hard-wired, interconnected heat and smoke
detectors located in all lobbies, corridors, equipment rooms, storage
rooms and other spaces that are not normally occupied. If construction
began on a building prior to May 19, 1984, there is no requirement
for the installation of automatic sprinkler systems under this subsection.
If construction of a building began after May 18, 1984, automatic
sprinkler installation required under this subsection shall be completed
within five years of the effective date of this subsection, or an
occupancy permit issued under this subsection shall be invalid. Waivers
shall be as follows:
C.
Accessibility requirements as follows:
(1)
If construction of a building began before September 1, 1965,
no accessibility requirements shall be imposed.
(2)
If construction of a building began after August 31, 1965, and
before February 18, 1989, and if the building was subject to the requirements
of the former Act of September l, 1965 (P.L. 459, No. 235), entitled
"An act requiring that certain buildings and facilities adhere to
certain principles, standards and specifications to make the same
accessible to and usable by persons with physical handicaps, and providing
for enforcement," it shall have:
(a)
At least one accessible entrance;
(b)
An accessible route from the accessible entrance to any public
spaces on the same level as the accessible entrance; and
(c)
If toilet rooms are provided, at least one accessible toilet
room for each sex or a unisex toilet room, complying with the accessibility
requirements of the International Building Code.
(3)
If construction of the building began after February 17, 1989,
all accessibility requirements of the International Building Code
shall be met.
5.
Structural requirements shall not be imposed unless the Department
determines that the building or a portion of the building has defects
which are dangerous as defined in the International Existing Building
Code. The Department may impose only those requirements minimally
necessary to remove any danger to the building's occupants.
6.
A building owner may file an application for a variance from this subsection concerning accessibility with the advisory board under § 5-106. A building owner may file an application for a variance from this subsection concerning other standards. The application must be filed with the Industrial Board if any of the following apply:
A.
The building is located in a municipality where the Department has
jurisdiction.
B.
The building is a state-owned building. As used in this subsection,
the term "state-owned building" means a building owned or constructed
for commonwealth entities consisting of the General Assembly, the
Unified Judicial System, the Pennsylvania Higher Education Assistance
Agency, an executive agency, an independent agency and a state-affiliated
entity or state-related institution, as defined in 62 Pa.C.S.A. § 103
(relating to definitions).
7.
A building subject to this subsection shall be permitted to maintain
its current occupancy as long as the owner demonstrates reasonable
efforts to comply with this section.
8.
An uncertified building which was built before April 27, 1927, shall
be deemed a certified building for purposes of this section.
