[HISTORY: Adopted by the Borough Council
of the Borough of Schwenksville 6-10-2004 by Ord. No. 322. Amendments
noted where applicable.]
Schwenksville Borough 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.
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 Schwenksville Borough.
Administration and enforcement of the Code within
Schwenksville Borough shall be undertaken in any of the following
ways as determined by Schwenksville Borough Council from time to time
by resolution:
A.
By the designation of an agent or employee of Schwenksville
Borough to serve as the municipal code official to act on behalf of
Schwenksville Borough;
B.
By the retention of one or more construction code
officials or third-party agencies to act on behalf of the municipality;
C.
By agreement with one or more other municipalities
for the point administration and enforcement of this Act through an
intermunicipal agreement;
D.
By entering into a contract with another municipality
for the administration and enforcement of this Act on behalf of Schwenksville
Borough;
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.
A Board of Appeals shall be established by resolution
of Schwenksville Borough Council 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.
A.
All building code ordinances or portions of ordinances
which were adopted by Schwenksville Borough 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.
B.
All building code ordinance or portions of ordinances
which are in effect as of the effective date of this chapter and whose
requirements are less than the minimum requirements of the Code are
hereby amended to conform with the comparable provisions of the Code.
C.
All relevant ordinances, regulations and policies
of Schwenksville Borough not governed by the Code shall remain in
full force and effect.
D.
Climatic, geographic, and inside/outside environmental
standards for the local area as required by the respective codes are
to be established by Schwenksville Borough by separate resolution.
E.
The provisions of the Pennsylvania Uniform Construction Code Act,
Act 45 of 1999, 35 P.S. §§ 7210.101 through 7210.1103,
as amended by Act 1 of 2004, and as amended from time to time, and
its regulations contained in 34 Pa. Code, Chapters 401 through 405,
as amended from time to time, are hereby confirmed, and the following
supplemental provisions, consistent with and in conformance with the
same, are hereby added.
[Added 11-10-2016 by Ord.
No. 388]
F.
Residential 403.62(a) and Commercial 403.42(a) of the UCC: An owner
or authorized agent of a residential property who intends to construct,
enlarge, alter, repair, move, demolish or change the occupancy of
a structure; or erect, install, enlarge, alter, or repair a structure,
or repair a roof in excess of 25% of the roof; and an owner or authorized
agent of a residential or commercial property who intends to remove,
convert or replace an electrical, gas, mechanical, or plumbing system
regulated by the Uniform Construction Code shall first apply to the
Building Code Official and obtain the required permit.
[Added 11-10-2016 by Ord.
No. 388]
G.
Residential 403.1(b)(3) of the UCC: An owner or authorized agent
of a residential property who intends to construct or locate an accessory
structure 250 square feet and larger shall first apply to the Building
Code Official and obtain the required permit.
[Added 11-10-2016 by Ord.
No. 388]
H.
Residential 403.62(a) and Commercial 403.42(a): An owner or authorized
agent of a residential or commercial property who intends to repair
or replace a sewer lateral or water service shall first apply to the
Building Code Official and obtain the required permit.
[Added 11-10-2016 by Ord.
No. 388]
I.
Residential 403.62(a) and Commercial 403.42(a): An emergency repair
or replacement of equipment may be made without first applying for
a permit if a permit application is submitted to the Building Code
Official within three business days of the repair or replacement.
[Added 11-10-2016 by Ord.
No. 388]
J.
The following is a list taken from ACT 45 of 1999, 35 P.S. §§ 7210.101
through 7210.1103 (34 Pa. Code § 403.1, Scope, to § 403.62,
Permit requirements and exemptions) of work where a permit is not
required for construction on residentially used properties if the
work does not violate a law or ordinance. Should any conflict between
the Borough Code and the Uniform Construction Code (UCC) exist, the
UCC shall govern:
[Added 11-10-2016 by Ord.
No. 388]
(2)
Section 403.62. The following building construction, replacement
or repairs:
(a)
Fences that are no more than six feet high.
(b)
Retaining walls that are not over four feet in height measured
from the lowest level of grade to the top of the wall unless the wall
supports a surcharge.
(c)
Water tanks supported directly upon grade if the capacity does
not exceed 5,000 gallons and the ratio of height to diameter or width
does not exceed two to one.
(d)
Sidewalks located entirely outside of the right-of-way and driveways
that are 30 inches or less above adjacent grade and not placed over
a basement or story below it.
(e)
Exterior or interior painting, papering, tiling, carpeting,
flooring, cabinets, counter tops and similar finishing work.
(f)
Prefabricated swimming pools that are less than 24 inches deep.
(g)
Swings and other playground equipment accessory to a one- or
two-family dwelling.
(h)
Window awnings supported by an exterior wall which do not project
more than 54 inches from the exterior wall and do not require additional
support.
(i)
Replacement of glass in any window or door. The replacement
glass shall comply with the minimum requirements of the International
Residential Code.
(j)
Installation and replacement of a window, door, garage door,
storm window and storm door in the same opening if the dimensions
or framing of the original opening are not altered. The installation
of means of egress and emergency escape windows may be made in the
same opening, without altering the dimensions or framing of the original
opening if the required height, width or net clear opening of the
previous window or door assembly is not reduced.
(k)
Replacement of existing roof material that does not exceed 25%
of the total roof area performed within any twelve-month period.
(l)
Replacement of existing siding.
(m)
Repair or replacement of any part of a porch or stoop which
does not structurally support a roof located above the porch or stoop.
(n)
Installation of additional roll or batt insulation.
(o)
Replacement of exterior rain water gutters and leaders.
(p)
Installation of an uncovered deck where the floor of the deck
is no more than 30 inches above grade.
(3)
Minor electrical work for the following:
(a)
Replacement of lamps or the connection of approved portable
electrical equipment to approved permanently installed receptacles.
(b)
Replacement of a receptacle, switch or lighting fixture rated
at 20 amps or less and operating at less than 150 volts to ground
with a like or similar item. This does not include replacement of
receptacles in locations where ground-fault circuit interrupter protection
is required.
(c)
Replacement of installed electrically operated equipment such
as doorbells, communication systems and any motor operated device.
(d)
Installation, alteration or rearrangement of communications
wiring.
(e)
Replacement of dishwashers.
(f)
Replacement of kitchen range hoods.
(g)
Installation of battery-powered smoke detectors.
(4)
The following gas work:
(5)
The following mechanical work or equipment:
(a)
A portable heating appliance.
(b)
Portable ventilation appliances.
(c)
A portable cooling unit.
(d)
Steam, hot or chilled water piping within any heating or cooling
equipment governed under the Uniform Construction Code.
(e)
Replacement of any minor part that does not alter approval of
equipment or make the equipment unsafe.
(f)
Self-contained refrigeration systems containing 10 pounds or
less of refrigerant or that are put into action by motors of one horsepower.
(g)
Portable evaporative cooler.
(h)
A portable fuel cell appliance that is not connected to a fixed
piping system and is not interconnected to a power grid.
(6)
The following plumbing work:
(a)
Replacement of bib valves if the replacement hose bib valves
are provided with an approved atmospheric vacuum breaker.
(b)
Refinishing of existing fixtures.
(c)
Replacement of ball cocks.
(d)
Repair of leaks.
(e)
Clearance of stoppages.
(f)
Replacement of faucets or working parts of faucets.
(g)
Replacement of valves other than shower or combination shower/bath
valves.
(h)
Replacement of exposed traps.
(i)
Replacement of a water closet, lavatory or kitchen sink if the
valves or pipes are not replaced or rearranged.
(j)
Replacement of domestic clothes washers and dishwashers.
(7)
The following heating, ventilation and air conditioning work:
(a)
Replacement of motors, pumps and fans of the same capacity.
(b)
Repair and replacement of heating, supply and return piping
and radiation elements which do not require rearrangement of the piping
system.
(c)
Repair and replacement of duct work.
(d)
Repair and replacement of air-conditioning equipment and systems.
(e)
Repair and replacement of control devices for heating and air-conditioning
equipment.
(f)
Replacement of kitchen range hoods.
(g)
Replacement of clothes dryers if there is no change in fuel
type, location or electrical requirements.
(h)
Replacement of stoves and ovens if there is no change in fuel
type, location or electrical characteristics.
K.
An ordinary repair does not require a permit. The following are not
ordinary repairs:
[Added 11-10-2016 by Ord.
No. 388]
(1)
Cutting away a wall, partition or portion of a wall.
(2)
The removal or cutting of any structural beam or load-bearing support.
(3)
The removal or change of any required means of egress, or rearrangement
of parts of a structure affecting the egress requirements.
(4)
The addition to, alteration of, replacement or relocation of any
standpipe, water supply, sewer, drainage, drain leader, gas, soil,
waste, vent or similar piping, electric wiring or mechanical.
L.
A permit is not required for the installation, alteration or repair
of generation, transmission, distribution, metering or other related
equipment that is, by established right, under the ownership and control
of a public utility as the term "public utility" is defined in 66
Pa.C.S.A. § 102 (relating to the definitions).
[Added 11-10-2016 by Ord.
No. 388]
Any person who fails to comply with the provisions
of this Code or who fails to carry out an order made pursuant to this
Code, or who violates any condition attached to a permit, approval
or certificate shall, upon conviction thereof, be guilty of a summary
offense punishable by a fine of not less than $100 nor more than $1,000.
Each day that a violation continues after due notice has been served
shall be deemed a separate offense.
Fees assessable by the municipality for the
administration and enforcement undertaken pursuant to this chapter
and the Code shall be established by Schwenksville Borough Council
by resolution from time to time.
