[Ord. 354, 6/2/2004, § 1]
1. Election. Pursuant to § 501 of the Pennsylvania Construction
Code Act, 35 P.S. § 7210.501, as amended, the Township hereby
elects to administer and enforce the provisions of the Pennsylvania
Construction Code Act, 35 P.S. § 7210.101, as amended.
2. Methods for Administration and Enforcement. The Township shall administer
and enforce the Pennsylvania Construction Code Act under one or more
of the methods established in § 501(b) of the Pennsylvania
Construction Code Act, 35 P.S. § 7210.501(b), as amended,
as determined from time to time by resolution of the Township Board
of Supervisors; provided, that any Township administration and enforcement
of the Pennsylvania Construction Code Act through an agreement with
one or more municipalities or the Pennsylvania Department of Labor
and Industry shall be subject to the requirements of the Intergovernmental
Cooperation Act, 53 Pa.C.S.A. § 2301 et seq., as amended.
[Ord. 354, 6/2/2004, § 2]
The Township hereby adopts the Uniform Construction Code, 34
Pa. Code, Part XIV, as amended, as promulgated by the Pennsylvania
Department of Labor and Industry, as the official Construction Code
of the Township for regulating and governing the construction, alteration,
repair, movement, equipment, removal, demolition, location, maintenance,
occupancy or change of occupancy of every building or structure; and
each and all of the regulations, provisions, penalties, conditions
and terms of said Uniform Construction Code on file in the Township
office are hereby referred to, adopted, and made a part hereof, as
if fully set out in this Part, with any additions, insertions, deletions
and changes, if any, prescribed in this Part.
[Ord. 354, 6/2/2004, § 3]
1. Adoption of International Codes. Pursuant to § 403.21 of
the Uniform Construction Code, 34 Pa. Code § 403.21, as
amended, the Township hereby adopts the 2003 editions of the following
International Codes, as published by the International Code Council,
Inc., as part of the Uniform Construction Code and each and all of
the regulations, provisions, penalties, conditions and terms of the
following International Codes, on file in the Township Office, 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 the Uniform Construction Code and/or this Part.
A. International Building Code, specifically including Chapters 2-29
and 31-35, Appendix E (Supplementary Accessibility Standards) and
Appendix H (Signs).
B. International Electric Code.
C. International Energy Conservation Code.
D. International Existing Building Code.
F. International Fuel Gas Code.
G. International Mechanical Code.
H. International Performance Code.
I. International Plumbing Code.
J. International Residential Code, specifically including §§ AE501-503
and §§ AE601-605 of Appendix E (Manufactured Housing)
and Appendix G (Swimming Pools, Spas and Hot Tubs).
K. International Urban-Wildland Interface Code.
2. Modifications. The following sections and subsections of the above-referenced
International Codes, 2003 editions, are hereby added, inserted, deleted,
restated or changed as set forth below:
A. International Building Code.
(1)
Section 1612.3: § 1612.3 is amended by
inserting "Harmar Township" in the first space provided, and by inserting
"September 21, 2001" in the second space provided.
(2)
Section 3410.2: § 3410.2 is amended by
inserting "the effective date of this Part" in the space provided.
B. International Electric Code.
(1)
Section 101.1: § 101.1 is amended by
inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section 404.2: § 404.2 is restated as
follows: § 404.2 Schedule of Permit Fees. Fees for applications
and permits referenced in this Code shall be established, from time
to time, by resolution of the Board of Supervisors of the Township.
C. International Energy Conservation Code.
(1)
Section 101.1: § 101.1 is amended by
inserting "Commonwealth of Pennsylvania" in the space provided.
D. International Existing Building Code.
(1)
Section 101.1: § 101.1 is amended by
inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section 112: § 112 is restated in its entirety to include the following reference: "See §
5-105 of this Part."
(3)
Section 105.1: § 105.1 is amended by
inserting the following sentence: "Fees for applications, permits
and inspections referenced in this Code shall be established, from
time to time, by resolution of the Board of Supervisors of the Township."
(4)
Section 1201.2: § 1201.2 is amended by
inserting "the effective date of this Part" in the space provided.
E. International Fire Code.
(1)
Section 101.1: § 101.1 is amended by
inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section 105.1: § 105.1 is amended by
inserting the following sentence: "Fees for applications, permits
and inspections referenced in this code shall be established, from
time to time, by resolution of the Board of Supervisors of the Township."
(3)
Section 108: § 108 is restated in its entirety to include the following reference: "See §
5-105 of this part."
(4)
Section 109.3: § 109.3 is restated in its entirety to include the following reference: "See §
5-106 of this Part."
(5)
Section 111.4: § 111.4 is restated in its entirety to include the following reference: "See §
5-106 of this Part."
(6)
Section 3204.3.1.1: § 3204.3.1.1 is amended
by inserting the following text in the space provided: "Storage limits
shall be in accordance with NFPA 55, Standard for Storage, Use and
Handling of Compressed Gasses and Cryogenic Fluids in Portable and
Stationary Containers, Cylinders and Tanks, as revised."
(7)
Section 3404.2.9.5.1: § 3404.2.9.5.1
is amended by inserting the following text in the space provided:
"Storage limits shall be in accordance with NFPA 30, Flammable and
Combustible Liquids Code, as revised."
(8)
Section 3406.2.4.4: § 3406.2.4.4 is amended
by inserting the following text in the space provided: "Storage limits
shall be in accordance with NFPA 30, Flammable and Combustible Liquids
Code, as revised."
(9)
Section 3804.2: § 3804.2 is amended by
inserting the following text in the space provided: "Storage limits
shall be in accordance with NFPA 59A, Standard for the Production,
Storage, and Handling of Liquefied Natural Gas (LNG) (US Standards),
as revised."
F. International Fuel Gas Code.
(1)
Section 101.1: § 101.1 is amended by
inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section 106.5.2: § 106.5.2 is restated
as follows:
"106.5.2 Fee Schedule. Fees for applications, permits
and inspections referenced in this code shall be established, from
time to time, by resolution of the Board of Supervisors of the Township.
(3)
Section 106.5.3: § 106.5.3 is deleted
in its entirety.
(4)
Section 108.4: § 108.4 is restated in its entirety to include the following reference: "See §
5-106 of this Part."
(5)
Section 108.5: § 108.5 is restated in its entirety to include the following reference: "See §
5-106 of this Part."
(6)
Section 109: § 109 is restated in its entirety to include the following reference: "See §
5-105 of this Part."
G. International Mechanical Code.
(1)
Section 101.1: § 101.1 is amended by
inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section 106.5.2: § 106.5.2 is restated
as follows:
106.5.2 Fee Schedule. Fees for applications, permits
and inspections referenced in this Code shall be established, from
time to time, by resolution of the Board of Supervisors of the Township.
(3)
Section 106.5.3: § 106.5.3 is deleted
in its entirety.
(4)
Section 108.4: § 108.4 is restated in its entirety to include the following reference: "See §
5-106 of this Part."
(5)
Section 108.5: § 108.5 is restated in its entirety to include the following reference: "See §
5-106 of this Part."
(6)
Section 109: § 109 is restated in its entirety to include the following reference: "See §
5-105 of this Part."
H. International Plumbing Code.
(1)
Section 101.1: § 101.1 is amended by
inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section 106.6.2: § 106.6.2 is restated
as follows:
106.6.2 Fee Schedule. Fees for applications, permits
and inspections referenced in this code shall be established, from
time to time, by resolution of the Board of Supervisors of the Township.
(3)
Section 106.6.3: § 106.6.3 is deleted
in its entirety.
(4)
Section 108.4: § 108.4 is restated in its entirety to include the following reference: "See §
5-106 of this Part."
(5)
Section 108.5: § 108.5 is restated in its entirety to include the following reference: "See §
5-106 of this Part."
(6)
Section 109: § 109 is restated in its entirety to include the following reference: "See §
5-105 of this Part."
(7)
Section 305.6.1: § 305.6.1 is amended
by inserting "36 inches" in the spaces provided.
(8)
Section 904.1: § 904.1 is amended by
inserting "12 inches" in the space provided.
I. International Residential Code.
(1)
Section R101.1: § R101.1 is amended by
inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section R108.1: § 108.1 is restated as
follows:
R108.1 Payment of Fees. The fees for applications,
permits and inspections referenced in this Code and for the activities
and services performed by the Building Official in carrying out his/her
responsibilities under this Code shall be established, from time to
time, by resolution of the Township Board of Supervisors. A permit
shall not be valid until the required fees have been paid. Nor shall
an amendment to a permit be released until the additional fee, if
any, has been paid.
(3)
Section R108.5: § 108.5 is deleted in
its entirety.
(4)
Section R112: § R112 is restated in its entirety to include the following reference: "See §
5-105 of this Part."
(5)
Table R301.2(1): Table R301.2(1), Climatic and
Geographic Design Criteria, is amended by inserting the following
information in the spaces provided:
(a)
Ground Snow Load: "25 inches."
(c)
Seismic Design Category: "B."
(d)
Subject to Damage From:
2)
Frost Line Depth: "36 inches."
3)
Termite: "Moderate to Heavy."
4)
Decay: "Slight to Moderate."
(e)
Winter Design Temperature: "5° F."
(f)
Ice Shield Underlayment Required: "Yes."
(g)
Flood Hazards:
1)
"March 8, 1976 (Ordinance No. 215) [Chapter
22]."
2)
"September 21, 2001, as amended or revised."
(h)
Air Freezing Index: "2000."
(i)
Mean Annual Temperature: "50.5° F."
(6)
Section P2603.1: § P2603.6.1 is amended
by inserting "36 inches" in the spaces provided.
(7)
Section P3103.1: § P3103.1 is amended
by inserting "12 inches" in the space provided.
J. International Urban-Wildland Interface Code.
(1)
Section 101.1: § 101.1 is amended by
inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section 104: § 104 is restated in its entirety to include the following reference: "See §
5-105 of this Part."
[Ord. 354, 6/2/2004, § 4]
1. The Pennsylvania Construction Code Act, 35 P.S. § 7210.101
et seq., as amended, and the Uniform Construction Code, 34 Pa. Code
Part XIV, as amended, shall govern the building code official employed
and/or retained by the Township to administer and enforce the Pennsylvania
Construction Code Act and the Uniform Construction Code (the "Township
building code official"), and shall be further supplemented as follows:
A. Delegation of Duties. The Township building code official shall not,
without the prior approval of the Township Board of Supervisors or
its designee:
(1)
Appoint, retain or otherwise employ a deputy Building Official,
related technical officers, inspectors, plan examiners or other employees.
(2)
Delegate his/her duties to a construction code official or current
code administrator.
B. Records. The Township building code official shall keep official
records of applications received, permits and certifications issued,
fees collected, reports of inspections, and notices, modifications
and orders issued. Such records shall be maintained as official records
of the Township and shall only be disposed of in accordance with applicable
law.
[Ord. 354, 6/2/2004, § 5]
1. The Pennsylvania Construction Code Act, 35 P.S. § 7210.101
et seq., as amended, and the Uniform Construction Code, 34 Pa. Code,
Part XIV, as amended, shall govern the Township Board of Appeals established
pursuant to § 501(c) of the Pennsylvania Construction Code
Act, 35 P.S. § 7210.501(c), as amended, and shall be further
supplemented as follows:
A. Application for Appeal. Any applicant or person aggrieved by a decision
of a Township official related to the Uniform Construction Code or
a notice or order issued under the Uniform Construction Code shall
have the right to appeal to the Board of Appeals of the Township established
under this section, provided that a written application for an appeal
is filed within 10 days after receipt of said decision, notice or
order, along with payment of an appeal hearing fee in an amount set
from time to time by resolution of the Township Board of Supervisors.
An application for appeal shall be based on a claim that the true
intent of the Pennsylvania Construction Code Act, or the Uniform Construction
Code, or this Part, or the rules legally adopted thereunder has been
incorrectly interpreted, the provisions of the Pennsylvania Construction
Code Act, or the Uniform Construction Code, or this Part do not fully
apply, or an equivalent form of construction is to be used. Failure
to submit an application for appeal within the time limit established
by this section shall constitute acceptance of the Township official's
decision and/or a waiver of the individual's right to appeal.
B. Establishment. In order to hear and decide appeals of orders, decisions
or determinations made by Township officials relative to the application
and interpretation of the Pennsylvania Construction Code Act and the
Uniform Construction Code, as well as requests for variances or extensions
of time thereunder, there shall be and is hereby created a Board of
Appeals for the Township pursuant to § 501(c) of the Pennsylvania
Construction Code Act, 35 P.S. § 7210.501(c), as amended.
C. Membership. The Township Board of Appeals shall consist of three
persons appointed by the Township Board of Supervisors to hold office
at the pleasure of the Township Board of Supervisors. Each member
of the Board of Appeals shall be appointed for a term of three years
or until his/her successor is appointed and qualified, which term
shall begin on July 1 of the year appointed, except that the terms
of the members first appointed pursuant to this Part shall be fixed
so that the term of one member shall be for three years, the term
of one member shall be for two years, and the term of one member shall
be for one year. An appointment to fill a vacancy shall be only for
the unexpired term.
D. Alternate Members. The Township Board of Supervisors shall appoint
two alternate members who shall be called to hear appeals during the
absence or disqualification of a member. Alternate members shall possess
the qualifications required for board membership and shall be appointed
for a term of three years or until his/her successor is appointed
and qualified.
E. Qualifications. Each member or alternate member of the Board of Appeals
shall satisfy the following qualifications:
(1)
A member of the Board of Appeals shall be qualified pursuant
to the requirements of § 403.121(c)(1) of the Uniform Construction
Code, 34 Pa. Code § 403.121(c)(1), as amended.
(2)
Members of the Township Board of Supervisors and its code administrators
shall not serve on the Board of Appeals pursuant to § 403.121(c)(3)
of the Uniform Construction Code, 34 Pa. Code § 403.121(c)(3),
as amended.
(3)
A qualified person who resides outside of the Township may be
appointed as a member of the Board of Appeals when the Township Board
of Supervisors cannot find a person residing within the Township who
satisfies the requirements of § 403.121(c) of the Uniform
Construction Code, 34 Pa. Code § 403.121(c), as amended.
F. Regulations and Procedures. The Board of Appeals is authorized to
establish policies and procedures necessary to carry out its duties
as long as any such policies and procedures do not conflict with the
provisions of the Pennsylvania Construction Code Act, the Uniform
Construction Code, this Part or any other ordinance of the Township.
G. Organization of Board.
(1)
The Board of Appeals shall elect from its own membership a Chairperson,
Vice-Chairperson and such other officers as it deems appropriate,
who shall serve annual terms as such and may succeed themselves. For
the conduct of any hearing or meeting and the taking of any action,
a quorum shall be not less then a majority of all the regular members
of the Board.
(2)
If, by reason of absence or disqualification of a member, a
quorum is not reached, the Chairperson of the Board of Appeals shall
designate as many alternate members of the Board to sit on the Board
as may be needed to provide a quorum. Any alternate member of the
Board shall continue to serve on the Board in all proceedings involving
the matter or case for which the alternate was initially appointed
until the Board has made a final determination of the matter or case.
Designation of an alternate pursuant to this section shall be made
on a case-by-case basis.
(3)
The Board shall keep full public records of its business, which
records shall be the property of the Township, and shall submit a
report of its activities to the Township Board of Supervisors as requested.
H.
Hearing Procedures. All hearings before the Board of Appeals shall be open to the public. The appellant, the appellant's representative, the Township's representative and any applicant or person aggrieved pursuant to Subsection
1A, above shall be given the opportunity to be heard. The Chairperson of the Board or Appeals, or its counsel, shall have the power and duty to direct the meeting, rule upon the acceptance of evidence and oversee the record of all proceedings. These hearing procedures shall not require compliance with the strict rules of evidence, but shall mandate that only relevant information be received.
I. Jurisdiction and Powers. The Board of Appeals shall have the powers
and duties as provided by the Pennsylvania Construction Code Act,
35 P.S. § 7210.101 et seq., as amended, the Uniform Construction
Code, 34 Pa. Code Part XIV, as amended, this Part and any other ordinances
adopted from time to time by the Township Board of Supervisors.
J. Assignment of Additional Duties and Responsibilities. The Board of
Appeals shall have such other duties and responsibilities as may be
assigned to it from time to time by appropriate action of the General
Assembly of the Commonwealth of Pennsylvania or the Township Board
of Supervisors.
[Ord. 354, 6/2/2004, § 6]
1. General. Any person who violates a provision of the Uniform Construction
Code or the codes adopted thereunder, or this Part, or who fails to
comply with any of the requirements thereof, or who erects, installs,
alters, repairs or does work in violation of the approved construction
documents or directive of the code official, or of a permit or certificate
issued under provisions of the Uniform Construction Code or the codes
adopted thereunder, or this Part, shall be guilty of a summary offense
and subject to such penalties and costs as established in § 903
of the Pennsylvania Construction Code Act, 35 P.S. § 7210.903,
as amended, including reasonable attorney fees incurred by the Township.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of the Uniform
Construction Code, or the codes adopted thereunder, or this Part,
found to have been violated. The Township may also commence appropriate
actions in equity, at law or otherwise to prevent, restrain, correct,
enjoin, or abate violations of the Uniform Construction Code, the
codes adopted thereunder, or this Part. Any action taken by the Township
in the prosecution of a violation of the Uniform Construction Code,
the codes adopted thereunder, or this Part and any costs incurred
by the Township related thereto shall be charged against the real
estate upon which the violation exists and shall be a municipal lien
upon such real estate.
2. Stop-Work Order. Any person who continues any work after having been
served with a stop-work order under the Uniform Construction Code,
or the codes adopted thereunder, or this Part, except such work as
that person is directed to perform to remove a violation or unsafe
condition, shall be guilty of a summary offense and subject to such
penalties as established in § 903 of the Pennsylvania Construction
Code Act, 35 P.S. § 7210.903, as amended. A separate offense
shall arise for each day or portion thereof in which a violation is
found to exist or for each section of the Uniform Construction Code,
or the codes adopted thereunder, or this Part, found to have been
violated. Any action taken by the Township in the prosecution of a
violation of the Uniform Construction Code, the codes adopted thereunder,
or this Part and any costs incurred by the Township related thereto
shall be charged against the real estate upon which the violation
exists and shall be a municipal lien upon such real estate.
[Ord. 354, 6/2/2004, § 7]
The operation of heavy construction or excavation machinery
(including, but not limited to, bulldozers, highlifts, backhoes, trucks,
power shovels, pumps and jack hammers) and the use of construction
equipment such as saws, drills or other types of machinery used outside
a structure in conjunction with work requiring a building permit shall
be prohibited when it is determined by the Township Building Code
Official that the noise is sufficient to disturb the peace and tranquility
of the general public. This restriction shall be enforced throughout
the entire Township between the hours of 9:00 p.m. to 7:00 a.m., Mondays
through Saturday and all day Sunday and federally-designated legal
holidays, except in cases of emergencies involving life or property
as designated by emergency personnel.
[Ord. 354, 6/2/2004, § 8]
Unless otherwise provided in the Pennsylvania Construction Code
Act, 35 P.S. § 7210.101 et seq., or the Uniform Construction
Code, 34 Pa. Code § 401 et seq., or otherwise stated herein,
when the provisions of this Part are in conflict with other ordinances
of the Township or any other applicable codes, the more stringent
code or ordinance shall apply.
[Ord. 354, 6/2/2004; as added by Ord. 360, 4/25/2005, § 1;
and amended by Ord. 363, 7/25/2005, § 1]
The Township adopts and incorporates the Authority Rules and
Regulations for waterline laterals and mainline extensions to the
extent that the Authority Rules and Regulations are not in conflict
with the Allegheny County Health Department's plumbing rules and regulations,
as amended from time to time. If the Authority Rules and Regulations
are in conflict with the Allegheny County Health Department's plumbing
rules and regulations, the Allegheny County Health Department's rules
and regulations shall control to the extent of any conflict.