[Ord. 30-2004, passed 6-2-2004]
(a)
The Uniform Construction Code applies to the construction, alteration,
repair, movement, equipment, removal, demolition, location, maintenance,
occupancy or change of occupancy of every building or structure which
occurs on or after July 8, 2004, and all existing structures that
are not legally occupied.
(b)
The Uniform Construction Code does not apply to:
(1)
New buildings or renovations to existing buildings for which
an application for a permit was made to the City of Erie before July
8, 2004.
(2)
New buildings or renovations to existing buildings on which
a contract for design or construction was signed before July 8, 2004.
(3)
One shed with a building area 100 square feet or less, less
that 13 feet in height, and is accessory to a detached one family
dwelling.
(5)
Manufactured or industrialized housing shipped from the factory
under Section 901(a) of the Act (35 P.S. § 7210.901(a))
as provided in Section 1503.25 (relating to manufactured and industrialized
housing).
(6)
Installation of tubing, piping, propane gas burning appliances,
equipment or fixtures related to liquefied petroleum gas under the
propane and liquefied petroleum gas act (35 P.S. §§ 1329.1-1329.19).
(7)
Construction of individual sewage disposal systems under 25
PA. Code, Chapter 73 (relating to on lot sewage treatment facilities).
(c)
Prior permits and construction.
(1)
A permit issued under construction regulations before July 8,
2004 remains valid and the construction of the building or structure
may be completed in accordance with the approved permit.
(2)
The legal occupancy of a structure existing on July 8, 2004
may continue without change except where the Uniform Construction
Code provides otherwise.
(d)
The Uniform Construction Code applies to the construction of
a residential building or structure governed by a homeowner's
or community association under Sections 104(d)(2)(ii) of the Act (35
P.S. §§ 7210.104(d)(2)(ii).
(e)
An electrical provision of the Uniform Construction Code does
not apply to a dwelling unit utilized by a member of a recognized
religious sect if a code administrator grants an exemption under Section
901(b) of the Act (35 P.S. § 7210.901(b)) as follows:
(1)
Permit applicant shall file an application with the code administrator
stating the manner in which an electrical provision of the Uniform
Construction Code conflicts with the applicant's religious beliefs.
The application shall also contain an affidavit by the applicant stating:
A.
The permit applicant is a member of a religious sect.
B.
The religious sect has established tenets or teachings which
conflict with an electrical provision of the Uniform Construction
Code.
C.
The permit applicant adheres to the established tenets or teachings
of the sect.
D.
The dwelling unit will be used solely as a residence for the
permit applicant and the applicant's household.
(2)
The code administrator shall grant the application for the exemption
if made in accordance with Subsection (e)(1) hereof.
(3)
If the permit applicant receives an exemption for a dwelling
unit under Section 901 (b) of the Act and the applicant subsequently
sells or leases the dwelling unit, the applicant shall bring the dwelling
unit into compliance with the provision of the Uniform Construction
Code from which it was exempted prior to the dwelling unit being sold
or leased unless the prospective subsequent owner or lessee files
an affidavit in compliance with Subsection (e)(1) hereof.
[Ord. 30-2004, passed 6-2-2004]
(a)
Under Section 104(d)(1) of the Act (35 P.S. § 7210.104(d)(1),
the provisions of the Uniform Construction Code listed in Section
1503.21 (relating to Uniform Construction Code) preempt and rescind
construction standards provided by a statute, local ordinance or regulation.
(b)
The Department will enforce Chapter 11 (Accessibility) of the
Uniform Construction Code and other accessibility requirements contained
in or referenced by the Uniform Construction Code until the City of
Erie employs or contracts with a Code Administrator certified as an
Accessibility Inspector/Plans Examiner.
(c)
The City Engineer will administer storm water management under
the regulations provided for in Article 946 of the Codified Ordinances
of the City of Erie.
(d)
The City Engineer will administer the Erosion and Sedimentation
Control Ordinance and any other storm water requirements.
(e)
The City Zoning Office will administer the Zoning regulations
as provided in the City of Erie Zoning Ordinance.
(f)
The Erie Fire Department Inspectors will administer all aspects
of the City of Erie Fire Code.
[Ord. 30-2004, passed 6-2-2004]
(a)
The City of Erie adopts Chapter 401 of 34 Pa. Code, as amended
from time to time, for the training and certification of Code Administrators.
(b)
The City of Erie may contract with a third-party agency to enforce
any or all parts of this code, except Fire Code inspections and permitting.
(c)
A Building Code Official may delegate his duties to a construction
code official or current code administrator.
(d)
A Fire Inspector may not delegate his duties for inspections
and permitting to any other person, other than another City of Erie
Fire Inspector who meets the qualifications defined herein.
