Borough of Manor, PA A Uniform Construction Code.

§ 5-101 Adoption of Code.

[Ord. 488, 6/30/2004, § I]

1. Uniform Construction Code. The Borough of Manor hereby adopts the Uniform Construction Code (hereinafter collectively referred to as "Code") 34 Pa. Code Chapters 401 — 405, as designated and defined by the Pennsylvania Construction Code Act (hereinafter referred to as "Act") 35 P.S. § 7210.101 et seq., as amended and supplemented, and the regulations promulgated by the Department of Labor and Industry thereunder (hereinafter referred to as "regulations"), as amended and supplemented from time to time, as provided in said Act and Regulations, as the Borough of Manor Building Code. The Uniform Construction Code, contained in 34 Pa. Code Chapters 401 — 405, consists of the following:

A. The provisions of Chapters 2 — 29 and 31 — 35 of the "International Building Code 2003" (First Printing). This includes all errata issued by the International Code Council.

B. The "ICC Electrical Code — Administrative Provisions 2003" (First Printing). This includes all errata issued by the International Code Council.

C. The "International Mechanical Code 2003" (First Printing). This includes all errata issued by the International Code Council.

D. The "International Fuel Gas Code 2003" (First Printing), and its Appendices. This includes all errata issued by the International Code Council.

E. The "International Plumbing Code 2003" (First Printing), and its Appendices. This includes all errata issued by the International Code Council.

F. The "International Residential Code 2003" (First Printing), Chapter 43 and Appendices A, B, C, D, and L. This includes all errata issued by the International Code Council.

G. The "International Fire Code 2003," and Appendices B, C, D, E, F, and G (First Printing). This includes all errata issued by the International Code Council.

H. The "International Energy Conservation Code 2003," and the Appendix (First Printing). This includes all errata issued by the International Code Council.

I. Sections AE 501 — AE 503 and AE 601 — AE 605 of Appendix E of the "International Residential Code 2003" (First Printing). This includes all errata issued by the International Code Council.

J. The "International Existing Building Code for Building and Facilities 2003" (First Printing), and the Appendix. This includes all errata issued by the International Code Council.

K. The "International Urban-Wildlife Interface Code 2003," and Appendices, A, B, C, D, E, F, G and H (First Printing). This includes all errata issued by the International Code Council.

L. Appendix E of the "International Building Code 2003" (First Printing). This includes all errata issued by the International Code Council.

M. Appendix H of the "International Building Code 2003" (First Printing). This includes all errata issued by the International Code Council.

N. Appendix G of the "International Residential Code 2003" (First Printing). This includes all errata issued by the International Code Council.

2. The hereinafter set forth sections of the above referenced Code, which form a part of the Uniform Construction Code, are hereby completed, modified or revised as follows:

A. References to "jurisdiction" or "municipality" shall mean the "Borough of Manor."

B. The International Building Code: § 1612.3, insert __________:

C. The International Building Code: § 3410.2, insert: October 1, 2002.

D. The ICC Electrical Code: § 404.2, insert: "as set forth in a separate resolution adopted by the Borough Council."

E. International Mechanical Code: § 106.5, insert: "as set forth in a separate resolution adopted by the Borough Council."

F. International Mechanical Code: § 106.5.3(2) insert: "0 percent" and at § 106.5(3)(3), insert: "75 percent."

G. International Mechanical Code: § 108.4, insert: "summary offense in the [specific offense] portion, insert up to $500 for the amount of fine; and insert 30 days for the term of imprisonment."

H. International Mechanical Code: § 108.5, insert: "a fine of not less than $300 nor more than $1,000."

I. International Fuel Gas Code: § 106.5, insert: "as set forth in a separate resolution adopted by the Borough Council."

J. International Fuel Gas Code: § 106.5.3(2) insert "0 percent and at § 106.53(3), insert: 75 percent."

K. International Fuel Gas Code: § 108.4, insert: "as set forth in a separate resolution adopted by the Borough Council."

L. International Fuel Gas Code: § 108.5, insert: "not less than $300 nor more than $1,000."

M. International Plumbing Code: § 106.6.2, insert: "as set forth in a separate resolution adopted by the Borough Council."

N. International Plumbing Code: § 108.4, insert: "summary offense and up to $1,000" and "30 days" for the term of imprisonment.

O. International Plumbing Code: § 106.63(2) insert "0 percent" and § 106.6.3(3), insert "75 percent."

P. International Plumbing Code: § 108.5, insert: "as set forth in a separate resolution adopted by the Borough Council."

Q. International Plumbing Code: § 305.6.1, insert: 40 inches in both locations.

R. International Plumbing Code: § 904.1, insert: 24 inches.

S. International Residential Code: Table R301.2(1), insert the following:

(1) Ground Snow Load: 30 lbs.

(2) Wind Speed (mph): 90.

(3) Seismic Design Category: C.

(4) Weathering: severe.

(5) Frost Line Depth: 40 inches.

(6) Termite: moderate to heavy.

(7) Decay: slight to moderate.

(8) Winter Design Temp.: 5° F.

(9) Ice Shield Underlayment: Yes.

(10) Flood Hazard Map dated August 5, 1997.

T. International Residential Code: § P2603.61 insert: 40 inches in both places.

U. International Residential Code: § P31031.1 insert: 24 inches in both places.

V. International Fire Code: § 109.3 insert: "summary offense in the (specific offense) portion; insert up to $500 for the amount of the fine; and insert 30 days for the term of imprisonment.

W. International Fire Code: § 111.4 insert: $300 and $1,000.

X. International Fire Code: § 3204.3.1.1, § 3404.2.9.5.1, § 3406.2.4.4 and § 3804.2 insert: "Any area mapped on the current FEMA Flood Mapping as a flood area (Maps are dated August 5, 1997).

Y. International Existing Building Code: § 1201.2 insert: June 30, 2004.

§ 5-102 Administration and Enforcement.

[Ord. 488, 6/30/2004, § II]

1. The Borough of Manor hereby elects to administer and enforce this part, the Code, the Act and Regulations, pursuant to the authority and procedures of said Code, Act and Regulations, by any and all of the means and manner as set forth in said Code, Act and Regulations, and by the means and manner as hereinafter set forth.

2. The administration and enforcement of this part, the Code, the Act and the Regulations shall be undertaken and carried out in the following manner:

A. Intermunicipal Agreement. By agreement with the Central Westmoreland Council of Governments and the member municipalities thereof who have agreed to the joint administration and enforcement of the Code, Act and Regulations, pursuant to an Intermunicipal Agreement substantially in the form attached hereto, marked Exhibit 5-1-A and expressly made a part hereof.

B. Designated Official. To the extent otherwise required, the Council of the Borough of Manor is hereby authorized to appoint, by resolution, the Central Westmoreland Council of Governments, its employees, third party agencies or qualified designees to act on behalf of the Borough as Code Enforcement Officers in the administration and enforcement of this part, the Code, Act and Regulations; and to act with the authority of the Borough in Code Enforcement proceedings and actions.

C. Board of Appeals. The owner of a building or structure or any other person may appeal from the decision of a Code Enforcement Officer regarding the provisions of a code hereby adopted by the Borough of Manor, covering the manner of construction or materials to be used in the erection, alteration, or repair of a building or structure, to the Board of Appeals. The Board of Appeals shall be constituted by the Central Westmoreland Council of Governments pursuant to the aforesaid Intermunicipal Agreement and said Board shall act as the Board of Appeals of the Borough of Manor in the manner provided in the Code, Act and Regulations and by the Administrative Procedures established by the Central Westmoreland Council of Governments and Pennsylvania administrative law.

§ 5-103 Matters Remaining in Effect.

[Ord. 488, 6/30/2004, § III]

All ordinances, resolutions, regulations and policies of the Borough of Manor not affected, modified or repealed by this part, the Code, Act or Regulations, shall remain in full force and effect.

§ 5-104 Fees and Costs.

[Ord. 488, 6/30/2004, § IV]

The Borough of Manor hereby imposes and assesses fees and costs for the administration and enforcement of said Code, Act and Regulations and this part, which fees and costs shall be established by the Borough Council, by resolution, from time to time. Said fees and costs shall be set at an amount not less than the Fee Schedule of the Central Westmoreland Council of Governments as may be adopted or amended from time to time by said Central Westmoreland Council of Governments.

§ 5-105 Penalties.

[Ord. 488, 6/30/2004, § V; as amended by A.O.]

Any person, firm or corporation who shall violate any provision of this part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs together with reasonable attorney fees and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this part continues or each section of this part which shall be found to have been violated shall constitute a separate offense.