Township of Wrightstown, PA Part 1 UNIFORM CONSTRUCTION CODE

§ 5-100 Preamble.

A. The Wrightstown Township Board of Supervisors ("Board") has, by Ord. 187, enacted on December 3, 2001, and effective on December 8, 2001, as amended, adopted by reference the 2000 IBC International Building Code as the building code of Wrightstown Township pursuant to its statutory authority, the Pennsylvania Second Class Township Code, as amended, 53 P.S. § 65101 et seq.

B. Also effective on December 8, 2001, the Board has, by Ord. 190, adopted by reference the 1999 National Electric Code (National Fire Protection Association Standard 70 - NFPA 70) and the 2000 ICC Electrical Code; by Ord. 189, adopted by reference the 2000 ICC International Mechanical Code; and by Ord. 188, adopted by reference the 2000 ICC International Plumbing Code as the respective codes for construction in Wrightstown Township.

C. The standards referenced in Paragraphs A and B above are collectively referred to in this Part as the "Local Building Code."

D. By Act 45 of 1999 ("Act 45"), the Pennsylvania General Assembly enacted the Pennsylvania Construction Code Act to provide uniform statewide construction standards; and to require that all municipalities in Pennsylvania timely adopt the uniform construction standards once the standards were promulgated by the Pennsylvania Department of Labor and Industry ("L&I").

E. L&I promulgated the uniform construction standards (the "Code") on January 10, 2004, and Act 45 requires municipalities to adopt the Code by ordinance as the municipality's building code no later than July 8, 2004; and to elect whether the municipality will enforce and/or administer the Code within the municipality.

F. Act 45 and the Code preempts and rescinds the Local Building Code, unless provisions of the Local Building Code exceeding the minimum requirements of the Code were in effect on or before July 1, 1999. Wrightstown Township has five such "grandfathered" ordinances enacting provisions of the Local Building Code that were not repealed from the Local Building Code but were preserved and continued. The grandfathered and preserved provisions of the Local Building Code are as follows:

1. Wrightstown Township Ord. 81, adopted April 4, 1988, prohibiting foam plastic wallframe building materials and similar composite construction.

2. Wrightstown Township Ord. 114, adopted January 21, 1991, which contained the following sections:

(a) § 100.3.18, requiring all firewalls to be of masonry construction extending through the roof.

(b) § 100.3.19, requiring all floor and ceiling construction between two residential units to have a minimum 2-hour masonry fire resistance rating.

(c) § 100.3.24, prohibiting fire retardant treated plywood from being used in construction in Wrightstown Township.

(d) § 100.3.25, prohibiting (except in specific instances) floor joists constructed with metal plate connected trusses from being used in any commercial and residential structure designed for human habitation.

(e) § 100.3.26, prohibiting (except in specific instances) roof rafter spans constructed with metal plate connected trusses from being used in any commercial and residential structure designed for human habitation.

(f) § 100.3.27, prohibiting (except in specific instances) prefabricated roof and fool trusses connected by metal plates from being used in any commercial and residential structure designed for human habitation.

3. Wrightstown Township Ord. 143, adopted March 6, 1995, known as the "Sprinkler Ordinance," requiring an approved fire suppression system in all nonresidential construction, and all residential construction exceeding 4,000 square feet.

4. Wrightstown Township Ord. 160, adopted July 1997, requiring final inspection of grading and submission of "as built" plans before issuing occupancy certification.

5. Wrightstown Township Ord. 167, adopted June 7, 1999, known as the "Water Ordinance," requiring water conservation fixtures; proscribing flush tanks from exceeding 1.6 gallons of water per flush; prohibiting showerhead and sink faucet discharge rates from exceeding 2.75 gallons of water per minute; and proscribing hot water circulating devices with a single loop return.

G. The purpose of this Part is to promote the general health, safety, and welfare of the citizens of Wrightstown Township and to conform to the requirements of Act 45 and the Code; and to reflect Wrightstown Township's election to enforce and administer the provisions of the Code and the Act within Wrightstown Township.

H. Act 45 and the Code require the enactment of this Ordinance by Wrightstown Township electing to administer and enforce the building code provisions of the Code.

§ 5-101 Administration and Enforcement of Code.

[Ord. 215, 6/7/2004, § 01]

Subject to the provisions of this Part and applicable law, Wrightstown Township 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 (the "Act"), and the regulations promulgated thereunder.

§ 5-102 Adoption of Building Code.

[Ord. 215, 6/7/2004, § 02]

Subject to the provisions of this Part and applicable law, the Uniform Construction Code, contained in 34 Pa. Code, Chapters 401-405, as amended from time to time (the "Code"), is hereby adopted and incorporated herein by reference as the municipal building code of Wrightstown Township.

§ 5-103 Approved Means of Administrating and Enforcing the Code.

[Ord. 215, 6/7/2004, § 03]

1. Administration and enforcement of the Code within Wrightstown Township shall be undertaken in any of the following ways as determined by the Wrightstown Township Board of Supervisors from time to time by resolution:

A. By designating an employee of Wrightstown Township to serve as the municipal code official to act on behalf of Wrightstown Township.

B. By retaining of one or more construction code officials or third party agencies to act on behalf of Wrightstown Township.

C. By agreeing with one or more municipalities for the joint administration and enforcement of the Act and the Code through an inter-municipal agreement.

D. By entering into a contract with another municipality for the administration and enforcement of the Act and the Code on behalf of Wrightstown Township.

§ 5-104 Board of Appeals.

[Ord. 215, 6/7/2004, § 04]

1. Creation of Appeals Board. A Building Code Board of Appeals (the "Board of Appeals") is established in conformity with the requirements of the Act and the Code. The Board of Appeals shall hear and rule on appeals, requests for variances, and requests for extensions of time arising under the Code.

2. Appointment of Members. The Board of Appeals shall consist of no fewer than three and no more than five members appointed by the Board of Supervisors. The Board of Supervisors shall appoint the initial Board of Appeals members to terms of varying lengths to establish staggered terms. After the initial appointments, each new member shall serve for five years or until a successor has been appointed.

3. Qualifications of Members. The members of the Board of Appeals shall, in the discretion of the Wrightstown Township Board of Supervisors, be qualified by training and experience to pass on matters pertaining to building construction. Training and experience may consist of licensure as an architect or engineer, experience in the construction industry, or training or experience as an inspector or plan reviewer. No member of the Board of Supervisors nor any code inspector employed by Wrightstown Township may serve on the Board of Appeals. If the Board of Supervisors is unable to find a sufficient number of qualified individuals who reside within Wrightstown Township, it may appoint a qualified person(s) who resides outside of Wrightstown Township to fill a position.

4. Alternate Members. The Board of Supervisors may appoint up to two alternate members who may be called by the Chair of the Board of Appeals to hear appeals in the event of the absence or disqualification of a member. Alternate members shall possess the qualifications required for membership, and shall be appointed for five years or until a successor has been appointed.

5. Intergovernmental Cooperation. If at any time enforcement and administration is undertaken jointly with one or more other municipalities, the Board of Supervisors is hereby authorized to enter into an intergovernmental cooperation agreement with one or more municipalities to create a Board of Appeals.

6. Chairperson and Secretary. The Board of Appeals shall annually select one of its members to serve as Chair and Secretary. The Secretary of the Board of Appeals shall file a detailed record of all proceedings with the Township.

7. Disqualification of Member. No member of the Board of Appeals may hear an appeal in which that member has any personal, professional, or financial interest.

8. Operation of Board of Appeals. The procedure for conducting hearings and notices of hearings shall be established by resolution of the Board of Supervisors and shall be consistent with the Act, the Code, and all other applicable laws and regulations.

§ 5-105 Preservation of Existing Ordinances.

[Ord. 215, 6/7/2004, § 05; as amended by Ord. 290, 6/6/2011]

1. All building code ordinances or portions of ordinances which were adopted by Wrightstown Township on or before July 1, 1999, as set forth in this Part 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. The five such "grandfathered" ordinances that were not repealed but were preserved and continue in effect are the following:

A. Wrightstown Township Ord. 81, adopted April 4, 1988, prohibiting foam plastic wallframe building materials and similar composite construction.[1]

[1] Editor's Note: See Appendix A to this Part, where the text of Ord. 81, 4/4/1988, is set out in full.

B. Wrightstown Township Ord. 114, adopted January 21, 1991, which contains the following sections:[2]

(1) § 100.3.18, requiring all fire walls to be of masonry construction extending through the roof.

(2) § 100.3.19, requiring all floor and ceiling construction between two residential units to have a minimum two-hour masonry fire resistance rating.

(3) § 100.3.24, prohibiting fire retardant treated plywood from being used in construction in Wrightstown Township.

(4) § 100.3.25, prohibiting (except in specific instances) floor joists constructed with metal plate connected trusses from being used in any commercial and residential structure designed for human habitation.

(5) § 100.3.26, prohibiting (except in specific instances) roof rafter spans constructed with metal plate connected trusses from being used in any commercial and residential structure designed for human habitation.

(6) § 100.3.27, prohibiting (except in specific instances) prefabricated roof and floor trusses connected by metal plates from being used in any commercial and residential structure designed for human habitation.

[2] Editor's Note: See Appendix B to this Part, where the applicable sections of Ord. 114, 1/21/1991, are set out in full.

C. Wrightstown Township Ord. 143, adopted March 6, 1995, known as the "Sprinkler Ordinance," requiring an approved fire suppression system in all nonresidential construction, and in all residential construction exceeding 4,000 square feet.[3]

[3] Editor's Note: See Appendix C to this Part, where Ord. 143, 3/11/1995, is set out in full.

D. Wrightstown Township Ord. 160, adopted July 1997, requiring final inspection of grading and submission of "as built" plans before issuing occupancy certification.[4]

[4] Editor's Note: Ord. 160, 721/1997, is superseded by the adoption of Chapter 9, "Grading and Excavating," Part 1, "Soil Erosion, Sedimentation and Grading Control," adopted as a new enactment by the adoption of this Code of Ordinances.

E. Wrightstown Township Ord. 167, adopted June 7, 1999, known as the "Water Ordinance," requiring water conservation fixtures; proscribing flush tanks from exceeding 1.6 gallons of water per flush; prohibiting showerhead and sink faucet discharge rates from exceeding 2.75 gallons of water per minute; and proscribing hot water circulating devices with a single loop return.[5]

[5] Editor's Note: Ord. 167, 6/7/1999, is superseded by the adoption of Chapter 26, "Water," Part 2, "Water Wells," adopted as a new enactment by the adoption of this Code of Ordinances.

§ 5-106 Repeal of Certain Prior Ordinances.

[Ord. 215, 6/7/2004, § 06]

All building code ordinances or portions of ordinances including, without limitation Ords. 187, 188, 189, and 190 enacted on December 8, 2001, which either (a) exceed the minimum requirements of the Code but were enacted after July 1, 1999; or (b) 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 and/or repealed to conform to the comparable provisions of the Code and the Act.

§ 5-107 Changes to Amendable Sections of Code.

[Ord. 215, 6/7/2004, § 07]

1. In accordance with § 403.102(1) of the Code, Wrightstown Township, by virtue of its election to enforce and administer the provisions of the Code and the Act within Wrightstown Township, hereby amends the provisions of the Code identified below as set forth in Schedule "A" attached hereto. The provisions of Schedule "A" attached to this Part shall control over the corresponding provisions of the Code. Section 403.102(1) of the Code allows the following provisions of the Code to be amended:

A. § 403.42(b) and (c) (relating to permit requirements and exemptions).

B. § 403.42a(a)-(e) and (g)-(n) (relating to permit application).

C. § 403.43(b), (c), (g), (h), and (k) (relating to grant, denial, and effect of permits).

D. § 403.44 (relating to alternative construction material and methods).

E. § 403.45 (relating to inspections).

F. § 403.46 (relating to certificate of occupancy).

G. § 403.47 (relating to public utility connections).

H. § 403.62(a)-(e) (relating to permit requirements and exemptions).

I. § 403.64 (relating to inspections).

J. § 403.65 (relating to certificates of occupancy).

K. § 403.66 (relating to public utility connections).

L. § 403.81(a) and (b) (relating to stop work order).

M. § 403.82 (relating to notice of violations).

N. § 403.83 (relating to order to show cause/order to vacate).

O. § 403.84(a)-(e) (relating to unsafe building structure or equipment).

P. § 403.85(a)-(c) (relating to release, retention, and sharing of commercial construction records).

§ 5-108 Modifications to the Code.

[Ord. 215, 6/7/2004, § 08; as amended by Ord. 223, 9/20/2004, § 01]

1. Wrightstown Township may enact construction standards that exceed the minimum requirements of the Code in accordance with the provisions and procedures set forth in the Act and the Code:

A. In accordance with § 503.C of the Pennsylvania Construction Code Act, as amended, the provisions of the Code, this Part and Schedule "A" as adopted by Wrightstown Township do not apply to utility and miscellaneous use structures that have a building area of less than 500 square feet. Utility and miscellaneous use structures equaling or exceeding 500 square feet in building area must comply with the provisions of the Code, this Part and Schedule "A."

§ 5-109 Fees.

[Ord. 215, 6/7/2004, § 09]

The Wrightstown Township Board of Supervisors may by resolution adopted from time to time prescribe reasonable fees for the administration and enforcement of the Code undertaken pursuant to this Part and the Code.