[Ord. 681-2004, 7/7/2004, § 1]
East Pennsboro Township, Cumberland County, 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. 681-2004, 7/7/2004, § 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 East Pennsboro Township.
[Ord. 681-2004, 7/7/2004, § 3]
1. 
Administration and enforcement of the code within East Pennsboro Township shall be undertaken in any of the following ways as determined by the Board of Commissioners, the governing body of East Pennsboro Township from time to time by resolution:
A. 
By the designation of an employee of East Pennsboro Township to serve as the municipal code official to act on behalf of East Pennsboro Township.
B. 
By the retention of one or more construction code officials or third-party agencies to act on behalf of East Pennsboro Township.
C. 
By agreement with one or more other municipalities for the joint administration and enforcement of this Part through an intermunicipal agreement.
D. 
By entering into a contract with another municipality for the administration and enforcement of this Part on behalf of East Pennsboro 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. 681-2004, 7/7/2004, § 4]
A Board of Appeals shall be established by resolution of the Board of Commissioners, the governing body of East Pennsboro 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.
[Ord. 681-2004, 7/7/2004, § 5]
1. 
All building code ordinances or portions of ordinances which were adopted by East Pennsboro Township on or before July 1, 1999, and which equal or exceed the requirements of the code 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.
2. 
All building code ordinances or portions of ordinances which 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 to conform to the comparable provisions of the code.
3. 
All relevant ordinances, regulations and policies of East Pennsboro Township not governed by the code shall remain in full force and effect.
[Ord. 681-2004, 7/7/2004, § 6]
Fees assessable by East Pennsboro Township for the administration and enforcement undertaken pursuant to this Part and the code shall be established by the Board of Commissioners, the governing body of East Pennsboro Township, by resolution from time to time.
[Ord. 681-2004, 7/7/2004, § 7; as added by Ord. 691-2005, 4/20/2005, § I]
1. 
Pursuant to Pennsylvania Construction Code Act, 53 P.S. § 7210.503(c), as amended by Act 92 of 2004, 53 P.S. § 7210.503(c), the following regulations are hereby enacted to provide for municipal regulations that are more stringent than standards contained in the UCC administrative and enforcement regulations:
A. 
The exclusion from UCC application to carports, detached private garages, greenhouses, and sheds that are accessory to a detached one-family dwelling, and having a building area less than 1,000 square feet, contained in UCC, § 403.1(b)(3), is hereby amended to exclude these same structures when the building area is less than 200 square feet, provided that these same structures are not equipped with nonportable heating or cooling equipment or electric, water or sewer service.
B. 
The exclusion from UCC application to alterations to residential buildings which do not make structural changes or changes to means of egress, contained in § 104(B)(5) of Act 92 of 2004, 53 P.S. § 7210.104(B)(5), is hereby deleted. Permit exclusions stated in § R105.2 of the IRC, 2003 edition, shall apply.
C. 
The exclusions from UCC application to repairs to residential buildings, contained § 104(B)(6) of Act 92 of 2004, 53 P.S. § 7210.104(B)(6), is hereby deleted. Permit exclusions stated in § R105.2 of the IRC, 2003 edition, shall apply.
D. 
The exemption from UCC applications to installation of residential decks contained in UCC § 403.62(c)(xvii) is hereby amended to read "Installation of a detached, uncovered deck where the entire floor level of the deck is not more than 30 inches above grade."
[Ord. 681-2004, 7/7/2004, § 8; as added by Ord. 714-2006, 7/5/2006]
1. 
Pursuant to UCC § 403.102(1), the following regulations are hereby enacted to facilitate municipal administration and enforcement of the UCC, including insertion of local climatic data and geographic information.
A. 
The text of the 2003 International Building Code, adopted as a referenced standard by the UCC, is hereby amended as follows:
(1) 
Section 1612.3 shall be amended to insert "East Pennsboro Township" and "May 21, 1973" (referenced in East Pennsboro Township Ord. 258-73, Part 3, § 53).
(2) 
Section 1805.2.1 shall be deleted and replaced with the following text:
1805.2.1 Frost Protection. Extending below the frost line of East Pennsboro Township, which shall extend a minimum of 36 inches in depth, measured from the bottom of the footing to the grade surface.
(3) 
Section 3410.2 shall be amended by inserting "May 21, 1973" (referenced in East Pennsboro Township Ord. 258-73, Chapter 4, Part 2, § 22, adopting the BOCA Basic Building Code/1970), as the date that building codes first became effective in East Pennsboro Township.
B. 
The text of the 2003 International Residential Code for One- and Two-Family Dwellings, adopted as a referenced standard by the UCC, is hereby amended as follows:
(1) 
Section 101.1, Title, shall be amended to insert "East Pennsboro Township" in the relevant space.
(2) 
Sections 103.1, 103.2, and 103.3 shall be deleted in their entirety and replaced with the following:
103.1 Enforcement agency. The Department of Housing and Community Development shall be charged with the task of administering this code. The executive official in charge thereof shall be known as the "Building Official." The Board of Commissioners shall appoint the Building Official and his designees.
(3) 
Table R301.2(1) is amended to insert the appropriate climatic data and geographic design criteria, as follows:
Ground snow load = 30 psf.
Wind speed = 90 mph.
Seismic design category = B.
Weathering of concrete probability = severe.
Frost line depth = 36".
Termite probability = moderate to heavy.
Decay probability = slight to moderate.
Winter design temperature = 10° F.
Ice shield underlayment required = yes.
Flood hazards = Consult (date) FIRM and FBFM.
Air freezing index = 784.
Mean annual temperature = 53.1° F.
(4) 
Section P2603.6.1 shall be deleted and replaced with the following:
P2603.6.1 Sewer depth. Building sewer shall be a minimum of 36 inches below grade.
(5) 
Section P3103.1, Roof Extension, shall be amended to insert "12" as the number of inches that a vent pipe shall extend above a roof through which it penetrates, and also inserting "12" as the number of inches that a roof-penetrating vent pipe shall extend above anticipated snow accumulation.
C. 
The text of the 2003 International Plumbing Code, adopted as a referenced standard by the UCC, is hereby amended as follows:
(1) 
Section 101.1, Title, is amended to insert "East Pennsboro Township" in the relevant space.
(2) 
Sections 103.1, 103.2, and 103.3 shall be deleted in their entirety and replaced with the following:
103.1 Enforcement agency. The Department of Housing and Community Development shall be charged with the task of administering and enforcing this code. The executive official in charge thereof shall be known as the "Code Official." The Board of Commissioners shall appoint the Code Official and his designees.
(3) 
Section 103.4 shall become Section 103.2.
(4) 
Section 305.6.1 shall be deleted in its entirety and replaced with the following:
305.6.1 Sewer depth. Building sewers shall be a minimum of 36 inches below grade.
(5) 
Section 904.1 shall be amended by inserting "12" as the number of inches that a vent pipe must extend beyond a roof through which it penetrates.
D. 
The text of the 2003 International Code Council Electrical Code, adopted as a referenced standard by the UCC, is hereby amended as follows:
(1) 
Section 101.1, Title, shall be amended to insert "East Pennsboro Township."
(2) 
Sections 301.1, 301.2, and 301.3 shall be deleted in their entirety and replaced with the following:
301.1 Enforcement agency. The Department of Housing and Community Development shall be charged with the task of administering and enforcing this code. The executive official in charge thereof shall be known as the "Code Official." The Board of Commissioners shall appoint the Code Official and his designees.
E. 
The text of the 2003 International Mechanical Code, adopted as a referenced standard by the UCC, is hereby amended as follows:
(1) 
Section 101.1, Title, shall be amended to insert "East Pennsboro Township" in the relevant space.
(2) 
Sections 103.1, 103.2, and 103.3 shall be deleted in their entirety and replaced with the following:
103.1 Enforcement agency. The Department of Housing and Community Development shall be charged with the task of administering and enforcing this code. The executive official in charge thereof shall be known as the "Code Official." The Board of Commissioners shall appoint the Code Official and his designees.
(3) 
Section 103.4 shall become Sections 103.2 and 103.2.1, respectively.
F. 
The text of the 2003 International Fire Code, adopted as a referenced standard by the UCC, is hereby amended as follows:
(1) 
Section 101.1, Title, shall be amended to insert "East Pennsboro Township" in the relevant space.
(2) 
Sections 103.1, 103.2, and 103.3 shall be deleted in their entirety and replaced with the following:
103.1 Enforcement agency. The Department of Housing and Community Development shall be charged with the task of administering and enforcing this code. The executive official in charge thereof shall be known as the "Code Official." The Board of Commissioners shall appoint the Code Official and his designees.
(3) 
Section 103.4 shall become Sections 103.2 and 103.2.1, respectively.
G. 
The text of the 2003 International Energy Conservation Code, adopted as a referenced standard by the UCC, is hereby amended as follows:
(1) 
Section 101.1, Title, shall be amended to insert "East Pennsboro Township" in the relevant space.
H. 
The text of the 2003 International Existing Building Code, adopted as a referenced standard by the UCC, is hereby amended as follows:
(1) 
Section 101.1, Title, shall be amended to insert "East Pennsboro Township" in the relevant space.
(2) 
Section 1201.2 is amended by inserting "May 21, 1973" (referenced in East Pennsboro Township Ord. 258-73, Chapter 4, Part 2, § 22, adopting the BOCA Basic Building Code/1970), as the date that building codes first became effective in East Pennsboro Township.
I. 
The text of the 2003 International Fuel Gas Code, adopted as a referenced standard by the UCC, is hereby amended as follows:
(1) 
Section 101.1, Title, shall be amended to insert "East Pennsboro Township" in the relevant space.
(2) 
Sections 103.1, 103.2, and 103.3 shall be deleted in their entirety and replaced with the following:
103.1 Enforcement agency. The Department of Housing and Community Development shall be charged with the task of administering and enforcing this code. The executive official in charge thereof shall be known as the "Code Official." The Board of Commissioners shall appoint the Code Official and his designees.
(3) 
Section 103.4 shall become Section 103.2.
J. 
The text of the 2003 International Urban-Wildland Interface Code, adopted as a referenced standard by the UCC, is hereby amended as follows:
(1) 
Section 101.1, Title, shall be amended to insert "East Pennsboro Township" in the relevant space.
[Ord. 738-2007, 5/16/2007; as amended by Ord. 757-2009, 7/1/2009]
The text of the 2006 International Property Maintenance Code®, First Printing, is hereby revised to read as follows:
CHAPTER 1
ADMINISTRATION
SECTION 101
GENERAL
101.1 Title. These regulations shall be known as the "Property Maintenance Code of the Township of East Pennsboro," hereinafter referred to as "this code."
101.4 Severability. The provisions of this Part and of the Property Maintenance Code hereby adopted are declared to be severable; and if any provision thereof is held or adjudged to be unconstitutional, illegal or invalid, any such decision shall not be construed as affecting or impairing any other provision of this Part or of the Property Maintenance Code hereby adopted, it being the intent of the Board of Commissioners that this Part and Property Maintenance Code would have been adopted had such unconstitutional, illegal or otherwise invalid provision not been included therein.
101.5, 101.6 and 101.7 are hereby added:
101.5 Repeal. All ordinances or parts of ordinances that are inconsistent herewith are hereby repealed.
101.6 Saving Clause. Nothing in this Part or in the Basic Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court and any rights acquitted, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Part.
101.7. Adoption. That certain document, one copy of which is on file in the office of the Secretary of the Township of East Pennsboro, at the Community and Municipal Center, 98 South Enola Drive, Enola, Pennsylvania, being marked and designated as the 2006 International Property Maintenance Code®, First Printing, as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the Township of East Pennsboro, Cumberland County, Pennsylvania, for the control of the buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code 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 this Part.
101.8 State Law and Regulations. Whenever any provision or requirement of the regulations of the Commonwealth of Pennsylvania is more stringent or stricter than a provision or requirement of this ordinance, the applicable provision or requirement of the regulations of the said Commonwealth of Pennsylvania shall supersede any such provision or requirement of this ordinance.
SECTION 102
APPLICABILITY
102.3 Application of Other Codes. Repairs, additions, or alterations to a structure, or change of occupancy, shall be done in accordance with the procedures and provisions in the latest edition of the International Building Code, International Residential Code, International Existing Building Code, International Plumbing Code, International Mechanical Code, International Fire Code, International Fuel Gas Code, and the National Electric Code, NFPA-70/2005, and any amendments and changes set forth in the latest adopted form of the Pennsylvania Uniform Construction Code.
SECTION 103
EAST PENNSBORO DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
103.1 General. The Department of Housing and Community Development is hereby created and the executive official in charge shall be known as the "Code Official."
103.5 Fees. Reference the most current schedule of fees and charges as adopted by the Board of Commissioners of East Pennsboro Township.
SECTION 104
DUTIES AND POWERS OF THE CODE OFFICIAL
104.1 General. The Code Official shall enforce the provisions of this code. The term Code Official shall include, but not be limited to, the Director of Housing and Community Development, Zoning Officer, Building Code Official, Building Inspector, Code Compliance Officer, Code Enforcement Officer, Health Officer, Maintenance Code Officer, Police Officer, and Community Service Officer. Code Official shall also include Township Engineer and Fire Marshall or their legal representatives designated by the Board of Commissioners for enforcement of §§ 109.1, "Imminent Danger," and § 110.1, "General Demolition," of this Part.
104.4 Right of Entry. The Code Official of East Pennsboro or his/her designated legal representative is authorized to enter the building, structure or premises at reasonable times to inspect, subject to constitutional restrictions on unreasonable searches and seizures. Prior to entering into a space not otherwise open to the general public, the Code Official of East Pennsboro Township or his/her designated representative shall make every reasonable effort, by telephone or letter, to locate the owner or other person having charge or control of the building, structure or premises, present proper identification, and request entry. If requested entry is refused or not obtained, the Code Official shall pursue recourse as provided by law.
SECTION 106
VIOLATIONS
106.4. Violation Penalties. Fines shall be not more than $1,000. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense. If the violation or avoidance to correct such violation continues, the owner or corporation shall be prosecuted as defined under 18 Pa.C.S.A. § 7510, "Municipal Housing Code Avoidance."
SECTION 111
MEANS OF APPEAL
111.2 Membership of Board. In order to protect existing structures and properties within East Pennsboro Township by vigorous enforcement of the provisions of this code, there shall be a Board of Appeals which has been set forth in Chapter 1, Part 4B, § 1-411, of the Code of Ordinances of the Township of East Pennsboro. The Board shall consist of five members of the Board of Commissioners of East Pennsboro Township.
CHAPTER 2
DEFINITIONS
SECTION 202
GENERAL DEFINITIONS
Section 202 is hereby revised to include the following definitions:
STRICT LIABILITY OFFENSE is hereby deleted from this chapter.
CHAPTER 3
GENERAL REQUIREMENTS
SECTION 302
EXTERIOR PROPERTY AREAS
302.4 Weeds. The first sentence is hereby revised to read as follows: All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches in height.
302.8 Motor Vehicles. Except as provided in other regulations, no inoperable or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in the state of major disassembly, disrepair or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a building or structure or similarly enclosed area designed and approved for such purposes.
The term "premises" in this section shall only apply to the exterior grounds of a property and shall not include the interior of an enclosed structure such as a garage or pole building that can be observed by the public at large. The term "unlicensed" in this section shall apply to a motor vehicle without a currently valid safety inspection, license and/or registration.
SECTION 304
EXTERIOR STRUCTURE
304.14 Insect Screens. During the period from April 1 to December 15, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect-repellant fans, are employed.
CHAPTER 5
PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
The following section shall be added:
[P] SECTION 508
SUMP PUMP DISCHARGE
508.1 General. Pump discharge shall not be discharged or day lighted upon adjacent private property, public right-of-way, Township road or Township sanitary sewer system. Sump pump discharge must be controlled on the lot or property on which the sump pump is located. Such discharge shall not be in a manner that creates a public nuisance or hazard. Sump pump discharges may be contained to existing or proposed stormwater sewers upon written approval of the Township Engineer.
CHAPTER 6
MECHANICAL AND ELECTRICAL REQUIREMENTS
SECTION 602
HEATING FACILITIES
602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guest room on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 15 to June 1 to maintain a temperature of not less than 68° F. (20° C.) in all habitable rooms, bathrooms, and toilet rooms.
602.4 Occupiable Work Spaces. Indoor occupiable work spaces shall be supplied with heat during the period from September 15 to June 1 to maintain a temperature of not less than 65° F. (18° C.) during the period the spaces are occupied.
SECTION 606
ELEVATORS, ESCALATORS AND DUMBWAITERS
Section 606 is hereby deleted.
CHAPTER 7
Section 3: §§ 11-103, 11-104 and 11-105 of Chapter 11, Part 1, of this Code of Ordinances are hereby reenacted as part of this Part.