[Ord. 2124, 4/12/2004, § 1]
The Township of Ross 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. 2124, 4/12/2004, § 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 the Township.
[Ord. 2124, 4/12/2004, § 3]
1.
Administration and enforcement of the Code within the Township of
Ross shall be undertaken in any of the following ways as determined
by the Board of Commissioners of this Township from time to time by
resolution:
A.
By the designation of an employee of the Township to serve as the
municipal code official to act on behalf of the Township.
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of the Township.
C.
By agreement with one or more other municipalities for the joint
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 the 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. 2124, 4/12/2004, § 4]
Board of Appeals shall be established by resolution of the Board
of Commissioners of this 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.
[1]
Editor's Note: Former § 5-105, Savings Clause, as
amended, was repealed by Ord. No.
2498, 3/20/2023.
[Ord. 2124, 4/12/2004, § 6]
Fees assessable by the Township for the administration and enforcement
undertaken pursuant to this Part and the code shall be established
by the Board of Commissioners by resolution from time to time.
[Added by Ord. No. 2399, 7/17/2017]
1.
The Building Code Official shall issue a certificate of occupancy
to an uncertified building if it meets the requirements of the latest
version of the International Existing Building Code or Chapter 34
of the International Building Code, and the Building Code Official
shall utilize the code for the municipality which, in his professional
judgment, he deems to best apply.
2.
The Building Code Official may deny the issuance of a certificate
of occupancy if the official deems that a building is unsafe because
of inadequate means of egress, inadequate lighting and ventilation,
fire hazards or other dangers to human life or to public welfare.
3.
The Building Code Official shall issue a certificate of occupancy
to an uncertified building if that building meets the requirements
of this section.
4.
An uncertified building shall comply with the following:
A.
Maximum story height, minimum allowable construction type based on
floor area, vertical opening and shaft protection, means of egress
requirements of the International Building Code pertaining to minimum
number of exits, maximum travel distances to exits, means of egress
illumination, minimum egress widths and heights for exit doors, exit
stairs, exit ramps and exit corridors. Waivers shall be as follows:
(1)
The Department may waive requirements for minimum egress widths
and heights for exits, exit access doors, exit ramps and exit corridors
if the Department determines that any nonconforming openings provide
sufficient width and height for building occupants to pass through
or egress the building.
(2)
The Department may waive any requirements under this subsection
if:
(a)
The Department determines a requirement to be technically infeasible;
or
(3)
A waiver shall be documented on the certificate of occupancy.
B.
Firesafety requirements of the International Building Code with respect
to fire alarms, fire extinguishers, heat and smoke detectors, automatic
sprinkler systems and occupancy and incidental use separations. If
the code requires that a building have automatic sprinkler systems,
the only buildings required to install automatic sprinkler systems
shall be those buildings classified in Use Groups E (educational),
H (high-hazard), I (institutional), R-1 or R-2 (residential) and those
buildings which have occupied floors more than 75 feet above the lowest
level of Fire Department access. Buildings in Use Groups R-1 and R-2
which do not have occupied floors more than 75 feet above the lowest
level of Fire Department access may, instead of installing automatic
sprinkler systems, install hard-wired, interconnected heat and smoke
detectors located in all lobbies, corridors, equipment rooms, storage
rooms and other spaces that are not normally occupied. If construction
began on a building prior to May 19, 1984, there is no requirement
for the installation of automatic sprinkler systems under this subsection.
If construction of a building began after May 18, 1984, automatic
sprinkler installation required under this subsection shall be completed
within five years of the effective date of this subsection, or an
occupancy permit issued under this subsection shall be invalid. Waivers
shall be as follows:
C.
Accessibility requirements as follows:
(1)
If construction of a building began before September 1, 1965,
no accessibility requirements shall be imposed.
(2)
If construction of a building began after August 31, 1965, and
before February 18, 1989, and if the building was subject to the requirements
of the former Act of September l, 1965 (P.L. 459, No. 235), entitled
"An act requiring that certain buildings and facilities adhere to
certain principles, standards and specifications to make the same
accessible to and usable by persons with physical handicaps, and providing
for enforcement," it shall have:
(a)
At least one accessible entrance;
(b)
An accessible route from the accessible entrance to any public
spaces on the same level as the accessible entrance; and
(c)
If toilet rooms are provided, at least one accessible toilet
room for each sex or a unisex toilet room, complying with the accessibility
requirements of the International Building Code.
(3)
If construction of the building began after February 17, 1989,
all accessibility requirements of the International Building Code
shall be met.
5.
Structural requirements shall not be imposed unless the Department
determines that the building or a portion of the building has defects
which are dangerous as defined in the International Existing Building
Code. The Department may impose only those requirements minimally
necessary to remove any danger to the building's occupants.
6.
A building owner may file an application for a variance from this subsection concerning accessibility with the advisory board under § 5-106. A building owner may file an application for a variance from this subsection concerning other standards. The application must be filed with the Industrial Board if any of the following apply:
A.
The building is located in a municipality where the Department has
jurisdiction.
B.
The building is a state-owned building. As used in this subsection,
the term "state-owned building" means a building owned or constructed
for commonwealth entities consisting of the General Assembly, the
Unified Judicial System, the Pennsylvania Higher Education Assistance
Agency, an executive agency, an independent agency and a state-affiliated
entity or state-related institution, as defined in 62 Pa.C.S.A. § 103
(relating to definitions).
7.
A building subject to this subsection shall be permitted to maintain
its current occupancy as long as the owner demonstrates reasonable
efforts to comply with this section.
8.
An uncertified building which was built before April 27, 1927, shall
be deemed a certified building for purposes of this section.
[Ord. 2297, 5/24/2010, § 1; as amended by Ord. No. 2468, 9/20/2021; and by Ord. No. 2484, 9/6/2022]
A certain document, three copies of which are on file in the offices of Ross Township, being marked and designated as the International Property Maintenance Code, 2018 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of Ross Township, in the state of Pennsylvania, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the offices of Ross Township 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 prescribed in § 5-202 of this Part.
[Ord. 2297, 5/24/2010, § 2; as amended by Ord. No. 2468, 9/20/2021; and by Ord. No. 2484, 9/6/2022]
1.
The 2018 International Property Maintenance Code is hereby amended
as set forth herein:
A.
101.1 Title. These regulations shall be known as the
"Property Maintenance Code of the Township of Ross," hereinafter referred
to as "this code."
B.
102.3 Application of other codes. Repairs, additions
or alterations to a structure, or changes of occupancy, shall be done
in accordance with the procedures and provisions of the International
Building Code, International Existing Building Code, International
Energy Conservation Code, International Fire Code, International Fuel
Gas Code, International Mechanical Code, International Residential
Code and the NFPA 70. Nothing in this code shall be construed to cancel,
modify or set aside any provision of the Ross Township Zoning Ordinance.
C.
103.1 General. The Community Development Department
is hereby created and the executive official in charge thereof shall
be known as "the code official."
D.
103.5 Fees. The fees for activities and services performed
by the Department in carrying out its responsibilities under this
code shall be as indicated in the following schedule: Res. 1983, Ross
Township fee schedule, enacted July 13, 2009, as amended by resolution
from time to time by the Ross Township Board of Commissioners.
E.
110.5 Permit for demolition. The applicant for a permit
to demolish or remove any building, structure, part thereof or appurtenance
thereto shall satisfy the code official that such demolition or removal
shall be done in a manner as to prevent any hazard to adjoining properties
or to any persons using any public thoroughfare abutting upon the
property on which the building or structure is situated. The code
official shall have the authority to require that any barricade or
other safeguard deemed necessary be erected and maintained in a safe
condition during the progress of the work. If, after demolition of
a building or structure or part thereof, any depression on the lot
may be deemed to constitute a hazard to life or limb, the code official
shall have the authority to require such depression to be filled or
otherwise made safe or barricaded in such a manner as to eliminate
such hazard. If, after the issuance of a permit to demolish or remove
a building, structure, part thereof or appurtenance thereto, it is
found that the work or demolition or removal is not being performed
in a safe manner, the code official shall have authority to revoke
such permit. Any work of demolition or removal performed after such
revocation shall be a violation of this code and subject to the penalties
of § 106.4.
F.
110.6 Notification by owner. As a condition for the
issuance of a demolition permit, the owner or the owner's agent shall
give written notice to the owners of adjoining properties and to the
owners of any property whose utility services must be temporarily
shut, removed or affected because of the proposed demolition work.
G.
110.7 Service connections. Before a structure is demolished
or removed, the owner or agent shall notify all utilities having service
connections within the structure, such as water, electric, gas, sewer,
and other connections. A permit to demolish or remove a structure
shall not be issued until a release is obtained from the utilities,
stating that their respective service connections and appurtenant
equipment, such as meters and regulators, have been removed or sealed
and plugged in a safe manner.
H.
110.8 Lot regulations. Whenever a structure is demolished
or removed, the premises shall be maintained free from all unsafe
or hazardous conditions by the proper regulation of the lot, restoration
of established grades and the erection of the necessary retaining
walls and fences, in accordance with the provisions of Chapter 33
of the 2018 International Building Code.
I.
201.3 Terms defined in other codes. Where terms are
not defined in this code and are defined in the International Building
Code, International Fire Code, Ross Township Zoning Ordinance, International
Plumbing Code amended by the Allegheny County Department of Health,
Article XV, Plumbing Code, International Mechanical Code or NFPA 70,
such terms shall have the meanings ascribed to them as in those codes.
J.
302.4 Weeds. All premises and exterior property shall
be maintained free from weeds or plant growth in excess of 10 inches.
All noxious weeds shall be prohibited. Weeds shall be defined as all
grasses, annual plants and vegetation, other than trees or shrubs;
provided, however, this term shall not include cultivated flowers
and gardens.
Upon failure of the owner or agent having charge of a property
to cut and destroy weeds after service of a notice of violation, they
shall be subject to prosecution in accordance with § 106.3
and as prescribed by the authority having jurisdiction. Upon failure
to comply with the notice of violation, any duly authorized employee
of the jurisdiction or contractor hired by the jurisdiction shall
be authorized to enter upon the property in violation and cut and
destroy the weeds growing thereon, and the costs of such removal shall
be paid by the owner or agent responsible for the property. Failure
to pay such invoice within 30 days after receipt by the owner or agent
responsible for the property will cause a lien to be filed for the
total of all costs incurred by the Township of Ross associated with
the cutting, destruction, and removal of weeds.
K.
302.8 Motor vehicles. Except as provided for in other
regulations, no inoperative or unlicensed or not currently inspected
motor vehicle, trailer or other equipment shall be parked, kept or
stored on any premises, and no vehicle shall at any time be in a 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 a major
overhaul, provided that such work is performed inside a structure
or detached garage.
L.
304.1.2 Required inspections. All buildings or structures
shall be inspected by a licensed professional engineer or registered
architect to determine structural soundness of the items covered in
§§ 304.4, 304.5, 304.6, 304.7, 304.8, 304.9, 304.10
and 304.11 when required by the code official. These reports shall
bear the signature and raised seal of the Commonwealth of Pennsylvania
design professional submitting the report.
M.
304.3 Premises identification. All buildings shall have
approved address numbers placed on both sides of any mailbox located
at the curbside of any street. If there is no mailbox located at the
curbside, all buildings shall have approved address numbers placed
in a position to be plainly legible and visible from the street or
road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numerals only. Numbers
shall be a minimum of four inches (102 mm) high with a minimum stroke
width of 0.5 inch (12.7 mm).
N.
304.7 Roofs and drainage. The roof and flashing shall
be sound, tight and not have defects that admit rain. Roof drainage
shall be adequate to prevent dampness or deterioration in walls or
interior portion of the structure. Roof drains, gutters and downspouts
shall be maintained in good repair and free from obstructions. Roof
water shall not be discharged in a manner that creates a public nuisance.
The discharge shall also be done in a manner that promotes evapotranspiration
and infiltration at the site. Where possible, discharge shall be directed
to rain gardens (bioretention systems), bioswales, rain barrels and/or
infiltration sumps. If the discharge is from an existing roof leader,
sheet flow discharge to large lawn areas, the natural waterway or
to hill sides not having substantial neighboring development may be
appropriate with the approval of the code official.
O.
304.14 Insect screens. During the period from April
1 to October 1, 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 for 25 mm) and every screen door used
for insect control 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 repellent fans, are employed.
P.
502.5 Public toilet facilities. Public toilet facilities
shall be maintained in a safe sanitary and working condition in accordance
with the International Plumbing Code amended by the Allegheny County
Department of Health, Article XV, Plumbing Code. Except for periodic
maintenance or cleaning, public access and use shall be provided to
the toilet facilities at all times during occupancy of the premises.
Q.
505.1 General. Every sink, lavatory, bathtub or shower,
drinking fountain, water closet or other plumbing fixture shall be
properly connected to either a public water system or to an approved
private water system. All kitchen sinks, lavatories, laundry facilities,
bathtubs and showers shall be supplied with hot or tempered and cold
running water in accordance with the International Plumbing Code amended
by the Allegheny County Department of Health, Article XV, Plumbing
Code.
R.
602.2 Residential occupancies. Dwellings shall be provided
with heating facilities capable of maintaining a room temperature
of 68° F. (20° C.) in all habitable rooms, bathrooms and toilet
rooms in accordance with the Allegheny County Health Department, Article
VI, Houses and Community Environment, § 629. Cooking appliances
shall not be used, nor shall portable unvented fuel-burning space
heaters be used, as a means to provide required heating to meet the
requirements of this section.
S.
602.3 Heat supply. Every owner and operator of any building
who rents, leases or lets one or more dwelling unit or sleeping unit
on terms, either expressed or implied, to furnish heat to the occupants
thereof shall supply heat during the period from October 1 to May
1 to maintain a temperature of not less than 68° F. (20° C.)
in all habitable rooms, bathrooms and toilet rooms.
T.
602.4 Occupiable work spaces. Indoor occupiable work
spaces shall be supplied with heat during the period from October
1 to May 1 to maintain a temperature of not less than 65° F. (18°
C.) during the period the spaces are occupied.
[Ord. 2297, 5/24/2010, § 5]
Nothing in this Part or in the Property Maintenance Code hereby
adopted shall be construed to affect any suit or proceeding impending
in any court, or any rights acquired, or liability incurred, or any
cause or causes of action acquired or existing, under any act or ordinance
hereby repealed as cited by this Part; nor shall any just or legal
right or remedy of any character be lost, impaired or affected by
this Part.
