[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.
E. 
International Fire 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."
(b) 
Wind Speed: "90 mph."
(c) 
Seismic Design Category: "B."
(d) 
Subject to Damage From:
1) 
Weathering: "Severe."
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.