[Adopted 6-16-2004 by Ord. No. 2936]
The Township hereby elects to administer and enforce the provisions
of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S.
§§ 7210.101 to 7210.1103, as the same may be amended
from time to time, and any regulations promulgated thereunder.
The Uniform Construction Code, contained in 34 Pa. Code Chapters
401 to 405, as the same may be amended from time to time, is hereby
adopted and incorporated herein by reference as the municipal building
code for the Township, with the following amendments (the Pennsylvania
Construction Code Act and the Uniform Construction Code shall hereinafter
be referred to as the "code"):
A. Section 403.42(c)(1)(ii) is hereby deleted;
B. Section 403.42(c)(1)(iv) is hereby deleted;
C. Section 403.42(c)(1)(v) is amended to read as follows: "Sidewalks
not more than 30 inches above grade and that are not located over
a basement or story below it and which are not part of an accessible
route";
D. Section 403.43(c) is amended as follows: "A building code official
shall stamp or place a notation on the cover sheet of the set of reviewed
construction documents (indicating) that the documents were reviewed
and approved for Uniform Construction Code compliance before the permit
is issued. The building code official shall clearly mark any required
nondesign changes on the construction documents. The building code
official shall return a set of the construction documents with this
notation and any required changes to the applicant. The permit holder
shall keep a copy of the construction documents at the work site open
to inspection by the construction code official or an authorized representative";
E. Section 403.46(b)(6) is hereby deleted;
F. Section 403.46(b)(7) is hereby deleted;
G. Section 403.46(b)(9) is amended as follows: "The date of issuance";
H. Section 403.62(c)(1)(iii) is hereby deleted;
I. Section 403.62(c)(1)(iv) is amended as follows: "Sidewalks that are
30 inches or less above adjacent grade and not placed over a basement
or story below it";
J. Section 403.62(c)(1)(xi) is amended as follows: "Replacement of existing
roof and siding material that does not exceed 25% of the total roof
area performed within any twelve-month period";
K. Section 403.62(c)(1)(xiii) is hereby deleted;
L. Section 403.62(c)(1)(xvii) is hereby deleted;
M. Section 403.62(c)(6)(iv) is amended as follows: "Repair of air conditioning
equipment and systems";
N. Section 403.63(c) is amended as follows: "A building code official
shall stamp or place a notation on the cover sheet of the set of reviewed
construction documents that the documents were reviewed and approved
for Uniform Construction Code compliance before the permit is issued.
The building code official shall clearly mark any required nondesign
changes on the construction documents. The building code official
shall return a set of the construction documents with this notation
and any required changes to the applicant. The permit holder shall
keep a copy of the construction documents at the work site open to
inspection by the construction code official or an authorized representative";
O. Section 403.63(g) is amended as follows: "A permit becomes invalid
unless the authorized construction work begins within 180 days after
the permit's issuance or if the authorized construction work permit
is suspended or abandoned for 180 days after the work has commenced.
A permit holder may submit a written request for an extension of time
to commence construction for just cause. The building code official
may grant extensions of time to commence construction in writing.
A permit may be valid for no more than two years from its issuance."
The following insertions into the following uniform codes are
adopted as part of the code.
A. International Building Code.
(1) Section 1612.3: "Upper Darby Township."
(2) Section 1612.3: "September 30, 1993."
(3) Section 3410.2: "June 18, 2004."
B. ICC Electrical Code.
(1) Section 101.1: "Upper Darby Township."
(2) Section 404.2: "See Township Fee Ordinance, as same may be amended
from time to time."
C. International Energy Conservation Code.
(1) Section 101.1: "Upper Darby Township."
D. International Fire Code.
(1) Section 101.1: "Upper Darby Township."
(2) Section 109.3: [SPECIFY OFFENSE] - misdemeanor.
(b)
[NUMBER OF DAYS] - 30 days.
(3) Section 111.4: [AMOUNT] - $300.
E. International Fuel Gas Code.
(1) Section 101.1: "Upper Darby Township."
(2) Section 106.5.2: "See Township Fee Ordinance, as same may be amended
from time to time."
(3) Section 108.4: [SPECIFY OFFENSE] - misdemeanor.
(b)
[NUMBER OF DAYS] - 30 days.
(4) Section 108.5: [AMOUNT] - $300.
F. International Mechanical Code.
(1) Section 101.1: "Upper Darby Township."
(2) Section 106.5.2: "See Township Fee Ordinance, as same may be amended
from time to time."
(3) Section 108.4: [SPECIFY OFFENSE] - misdemeanor.
(b)
[NUMBER OF DAYS] - 30 days.
(4) Section 108.5: [AMOUNT] - $300.
G. International Plumbing Code.
(1) Section 101.1: "Upper Darby Township."
(2) Section 106.6.2: "See Township Fee Ordinance, as same may be amended
from time to time."
(3) Section 108.4: [SPECIFY OFFENSE] - misdemeanor.
(b)
[NUMBER OF DAYS] - 30 days.
(4) Section 108.5: [AMOUNT] - $300.
(5) Section 305.6.1: "36 inches."
H. International Residential Code.
(1) Section R101.1: "Upper Darby Township."
(2) Section R301.2(1): "Information available from Director of Licenses
and Inspection."
(3) Section P2603.6.1: "36 inches."
(4) Section P3103.1: "12 inches."
I. International Existing Building Code.
(1) Section 101.1: "Upper Darby Township."
(2) Section 1201.2: "June 18, 2004."
A Board of Appeals shall be established by resolution of Township
Council, upon recommendation by the Mayor, in conformity with the
requirements of the relevant provisions of the code, as the same may
be amended from time to time, and for the purposes set forth therein.
Anyone making any appeal to the Board of Appeals shall be required
to pay the fee set forth in the then applicable Township Fee Ordinance.
All relevant ordinances, regulations and policies of the Township
not governed by the code shall remain in full force and effect.
Fees assessable by the Township for the administration and enforcement
undertaken pursuant to this article and the code shall be set forth
in the Township Fee Ordinance, as the same may be amended from time
to time.
If any section, subsection, sentence or clause of this article
is held, for any reason, to be invalid, such decision or decisions
shall not affect the validity of the remaining portions hereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article shall be enforced by the filing of a civil complaint
or by such other means as may be provided by the Pennsylvania Rules
of Civil Procedure. Any person, firm or corporation who violates any
building, housing, property maintenance, health, fire or public safety
code shall, upon being found liable in a civil proceeding, be ordered
to pay a penalty of not more than $1,000, plus the costs of prosecution,
plus all Township attorneys' fees incurred in the prosecution of the
civil case. Any person, firm or corporation who violates any other
ordinance shall, upon being found liable in civil proceeding, be ordered
to pay a penalty of not more than $600, plus the costs of prosecution,
plus all Township attorneys' fees incurred in the prosecution of the
civil case. Each day that a violation continues shall constitute a
separate violation of this article. Each subsection of this article
that is violated shall constitute a separate violation of this article.
[Adopted 3-16-2005 by Ord. No. 2946]
Subsections 104(B)(5) and (6) of the Act are hereby deleted,
and the Township shall enforce the International Building Code, the
ICC Electrical Code, the International Energy Conservation Code, the
International Fire Code, the International Fuel Gas Code, the International
Mechanical Code, the International Plumbing Code, the International
Residential Code and the International Existing Building Code (collectively,
"uniform codes"), as they apply to the alteration and repair of residential
buildings, and require permitting for all such alterations and repairs.
Nothing in this article shall be interpreted to relieve any
individual from compliance with all other ordinances, resolutions,
laws and regulations of the Township, the County of Delaware, the
Commonwealth of Pennsylvania or the United States.