City of Erie, PA
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. 52-1992 § 1, passed 12-2-1992; Ord. 52-1992 § 5, passed 12-2-1992; Ord. 52-1992 § 6 Passed 12-2-1992; Ord. 97-1994 § 1, passed 12-28-1994; Ord. 97-1994 § 2, passed 12-28-1994; Ord. 97-1994 § 3, passed 12-28-1994; Ord. 30-2004, passed 6-2-2004; Ord. 37-2006, passed 8-2-2006; Ord. 49-2009, passed 9-2-2009]
(a) 
The City of Erie adopts and incorporates by reference the following codes as the Uniform Construction Code:
[Amended by Ord. 18-2019, passed 3-6-2019; Ord. 27-2019, passed 4-17-2019]
(1) 
The provisions of Chapters 2 — 29 and 31 — 35 of the "International Building Code 2015".
A. 
Appendix E of The International Building Code.
B. 
Appendix H of The International Building Code.
C. 
The following measurements shall be used as a minimum in structural design for the City of Erie:
1. 
Ground Snow Loads - 40 pounds per square foot.
2. 
Wind Loads - 90 MPH.
3. 
Frost Depth - 48 inches.
D. 
Specifications utilized in place of exception 5 under Section 1003.3.3.3 of the "International Building Code":
1. 
The maximum riser height shall be 8-1/4 inches.
2. 
The minimum tread depth shall be nine inches.
3. 
A one-inch nosing shall be provided on all stairways with solid risers.
(2) 
The "International Electrical Code 2015".
(3) 
The "International Mechanical Code 2015".
(4) 
The "International Fuel Gas Code 2015".
(5) 
The "International Plumbing Code 2015" other than its Administrative portion.
(6) 
The "International Energy Conservation Code 2015".
(7) 
The "International Residential Code 2015".
A. 
Appendix G of the "International Residential Code".
B. 
Sections AE501-AE503 and AE601-AE605 of Appendix E of the "International Residential Code".
C. 
Stairway specifications utilized in place of section R-311.7 of the "International Residential Code":
1. 
The maximum riser height is 8-1/4 inches. There may be no more than a 3/8 inch variation in riser height within a flight of stairs. The riser height is to be measured vertically between leading edges of the adjacent treads.
2. 
The minimum tread depth is nine inches measured from tread nosing to tread nosing.
3. 
The greatest tread depth within any flight of stairs may not exceed the smallest by more than 3/8 inch.
4. 
All treads may have a uniform projection of not more than 1 1/2 inches when solid risers are used.
5. 
Stairways may not be less than three feet in clear width and clear headroom of six feet eight inches shall be maintained for the entire run of the stair.
6. 
Handrails may project from each side of a stairway a distance of 3 1/2 inches into the required width of the stair.
(8) 
The "International Existing Building Code 2015".
(9) 
The "International Performance Code 2015".
(10) 
The "International Urban-Wildland Interface Code 2015".
(11) 
The "International Fire Code 2015".
A. 
Add the following to 307.2.2 - No person, business or other entity shall burn recyclable materials, leaf waste or grass clippings at any time in bonfires or rubbish fires. For purposes of this section, the term "recyclable materials" means all materials collected by the City of Erie under its recycling program, including but not limited to plastics, newspapers, magazines, cardboard, and all grades of paper. The term "leaf waste" means leaves, garden residues, shrubbery, tree trimmings and similar material.
B. 
Fire escrow insurance fund.
1. 
Responsibilities and duties. The Director of Administration or his designee is hereby appointed as the designated officer who is authorized to carry out all responsibilities and duties stated herein.
2. 
Municipal certificate required for claim payment. No insurance company, association or exchange (hereinafter the "Insuring agent") doing business in the Commonwealth of Pennsylvania shall pay a claim of a named insured for fire damage to a structure located within the City (hereinafter the "Municipality") where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500, unless the named insured or insuring agent is furnished by the Municipal Treasurer with a municipal certificate or verbal notification pursuant to Section 508(B) of Act 98 of 1992 and unless there is compliance with Section 508(C) and (D) of Act 98 of 1992 and Act 93 of 1994 and the provisions of this article and Act 93 of 1994.
3. 
Procedures. Where pursuant to Section 508(B)(1)(l) of Act 98 of 1992 and Act 93 of 1994, the Municipal Treasurer issues a certificate or verbal notification indicating that there are no delinquent taxes, assessments, penalties or user charges against real property, the insuring agent shall pay the claim of the named insured, provided however, that if the loss is agreed upon by the named insured and insuring agent equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building restructure, the following procedures shall be followed:
a. 
The insuring agent shall transfer from the insurance proceeds to the designated officer of the Municipality in the aggregate of $2,000 for each $15,000 of a claim and for each fraction of that amount of a claim, this section to be applied such that if the claim is $15,000 or less, the amount transferred to the Municipality shall be $2,000; or
b. 
If at the time of a loss report the named insured has submitted a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure, in an amount less than the amount calculated under the foregoing transfer formula the insuring agent shall transfer to the Municipality from the insurance proceeds the amount specified in the estimate.
c. 
The transfer of proceeds shall be on pro rata basis by all companies, associations or exchanges insuring the building or other structure.
d. 
After the transfer, the named insured may submit a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure, and the designated officer shall return the amount of the funds transferred to the Municipality in excess of the estimate to the named insured, if the Municipality has not commenced to remove, repair or secure the building or other structure.
e. 
Upon receipt of proceeds under this section, the Municipality shall do the following:
i. 
The designated officer shall place the proceeds in the separate fund to be used solely as security against the total costs of removing, repairing or securing the building or structure which are incurred by the Municipality. Such costs shall include, without limitation, any engineering, legal or administrative costs incurred by the Municipality in connection with such removal, repair or securing of the building or any proceeds related thereto; and
ii. 
It is the obligation of the insuring agent when transferring the proceeds to provide the Municipality with the name and address of the named insured. Upon receipt of the transferred funds and the name and address of the named insured, the designated officer shall contact the named insured, certify that the proceeds have been received by the Municipality and notify the named insured that the procedures under this subsection shall be following; and
iii. 
When repairs, removal or securing of the building or other structure have been completed in accordance with all applicable regulations and orders of the Municipality and the required proof of such completion received by the designated officer, and if the Municipality has not incurred any costs for repairs, removal or securing, the fund shall be returned to the named insured. If the Municipality has incurred costs for repairs, removal or securing of the building or other structure, the costs shall be paid from the fund and if excess funds remain, the Municipality shall transfer the remaining funds to the named insured; and
iv. 
To the extent that interest is earned on proceeds held by the Municipality pursuant to this section, and not returned to the named insured, such interest shall belong to the Municipality. To the extent that proceeds are returned to the named insured, interest earned on such proceeds shall be distributed to the named insured at the time that the proceeds are returned.
f. 
Nothing in this section shall be construed to limit the ability of the Municipality to recover any deficiency. Furthermore, nothing in this subsection shall be construed to prohibit the Municipality and the named insured from entering into an agreement that permits the transfer of funds to the named insured if some other reasonable disposition of the damaged property has been negotiated.
4. 
Adoption of regulations; fees. The City may by resolution adopt procedures and regulations to implement Act 98 of 1992 and Act 93 of 1994 and this article and may by resolution fix reasonable fees to be charged for municipal activities or services provided pursuant to Act 98 of 1992 and Act 93 of 1994 and this article; including but not limited to issuance of certificates and bills, performance of inspections and opening separate fund accounts.
5. 
Severability. The provisions of this article shall be severable and, if any of the provisions hereof shall be invalid or unenforceable, the remaining provisions of this article shall remain in effect.
6. 
Penalty. Any owner of property, any named insured or any insuring agent who violates this article shall be subject to a penalty of up to $1,000 per violation.
(12) 
The "International Property Maintenance Code 2015".
A. 
Fees.
1. 
A $600 fee shall be charged for all blighted property, property maintenance, and rental license code appeals.
2. 
A $100 fee shall be charged for all requests for modification.
B. 
Add to Section 106.4. Any person, firm or corporation who violates any provision of this Code shall, upon conviction thereof, be subject to a fine not exceeding one per day on a single property and not more than $1,000 for the first two continual and uncorrected violations and not exceeding $5,000 for the third and subsequent continual and uncorrected violation of the same subsection of this Code, or, if the violation is found to pose a threat to public health, safety or property, a fine of not less than $500 and no more than $1,000 for the first two continual and uncorrected violations of the same subsection of this Code on the same property, and not less than $1,000 and not more than $10,000 for the third and subsequent continual and uncorrected violation of the same subsection on the same property, or imprisonment for a term not to exceed 90 days, or both at the discretion of the court.
C. 
Insert in Section 107.3. Service may also be accomplished by leaving the notice at the usual place of abode in the presence of someone in the family of suitable age and discretion who shall be informed of the contents thereof.
D. 
Replace the first paragraph of Section 302.4 with the following.
Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches. 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, gardens, and alternative landscapes consisting of native and/or natural vegetation such as trees, understory trees and shrubs, wildflowers, ferns and forbs, herbs, flowers, fruits and vegetables, including ornamental, edible and nonedible plants which are maintained in a manner that does not endanger public health or welfare.
E. 
Replace Section 302.8 with the following. Except as provided for in other regulations, not more than one inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at anytime be in a 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. No property owner shall permit a motor vehicle to be parked on their property other than on a driveway or parking lot.
F. 
Insert in Section 304.14. May 1 through August 31.
G. 
Insert in Section 602.3. September 1 through April 30.
(b) 
The code and standards adopted under Subsection (a) hereof are part of the Uniform Construction Code to the prescribed extent of each code or standard. The provisions of the Uniform Construction Code apply if there is a difference between the Uniform Construction Code and the codes or standards adopted in Subsection (a) hereof. This chapter's administrative provisions govern under Section 1503.27(c) (relating to applicability and use of standards) if there is a conflict with the provisions of the codes relating to administration incorporated under Subsection (a) hereof.
(c) 
Appendices to a code or standard listed in Subsection (a) hereof are not adopted in the Uniform Construction Code unless an appendix is specifically listed in Subsection (a) hereof.
(d) 
A permit applicant may utilize one of the following prescriptive methods to demonstrate compliance with the energy conservation requirements of the Uniform Construction Code. The standards are those listed for the climatic zone of this Commonwealth where the building or structure is located.
(1) 
The prescriptive methods for detached residential buildings contained in the current version of the "International Energy Conservation Code" compliance guide containing state maps, prescriptive energy packages and related software published by the United States Department of Energy, Building Standards and Guidelines Program (rescheck™) or "Pennsylvania's Alternative Residential Energy Provisions".
(2) 
The prescriptive methods for all other buildings or structures contained in the current version of the "International Energy Conservation Code" compliance guide containing state maps, prescriptive packages and related software published by the United States Department of Energy, Building Standards and Guidelines Program (comcheck™).
(e) 
Construction of individual sewage disposal systems is governed under 25 PA. Code, Chapter 73 (relating to onlot sewage treatment facilities).
(f) 
The repair, alteration, change of occupancy, addition and relocation of existing buildings shall comply with Chapter 34 of the "International Building Code" or with the "International Existing Building Code".
[Ord. 30-2004, passed 6-2-2004]
(a) 
A health care facility shall comply with all of the following under Sections 104(d)(3) and 105(d)(1) of the Act (35 p.s. §§ 7210.104(d)(3), 7210.105(d)(1)):
(1) 
The Health Care Facilities Act.
(2) 
Regulations of the Department of Health in 28 Pa. Code Part IV (relating to health facilities).
(3) 
Building codes and regulations set forth in the applicable licensure laws and regulations under Section 105(d) of the act (35 P. S. § 7210.105(d)).
(4) 
This chapter.
(b) 
Section 1503.72 (relating to elevators and other lifting devices) always applies to health care facilities.
(c) 
In addition to the requirements of this chapter, a permit applicant for a health care facility shall obtain a license from the Department of Health under the Health Care Facilities Act and its regulations and comply with the Department of Health's license application procedures and its licensing regulations.
(d) 
A permit applicant for construction or alteration of a health care facility shall do all of the following:
(1) 
Submit construction or alteration plans to the Department of Health and obtain Department of Health approval before commencing construction or performing the alteration.
(2) 
Obtain approval from the Department of Health before occupancy of a new health care facility under 28 PA. Code § 51.5 (relating to building occupancy).
(3) 
Obtain approval from the Department of Health before occupancy of an altered portion of an existing health care facility.
(e) 
A Department of Health inspector may inspect a health care facility site before, during and after construction to monitor compliance with Department of Health's health facility regulations.
(f) 
A Building Code Official shall not approve plans for a health care facility under this chapter unless the Department of Health has approved the plans.
(g) 
A Building Code Official may not issue a certificate of occupancy for the health care facility under this chapter unless the Department of Health approved occupancy under 28 PA. Code § 51.5.
(h) 
This section applies to construction or alteration of all health care facilities that the Department or a Building Code Official review and approve under this title.
[Ord. 30-2004, passed 6-2-2004]
(a) 
A dwelling unit where child day-care services are provided for less than 24 hours for four to 12 children is an R-3 occupancy if the dwelling unit is used primarily as a private residence and the provision of day-care services is accessory to the principal use of the dwelling unit as a residence.
(b) 
A day-care facility that is a R-3 occupancy under Subsection (a) hereof which provides day-care services to four to six children shall comply with ail of the following:
(1) 
Have a smoke detector on each floor and in the basement. The smoke detector may be powered by a nonreplaceable, lithium battery listed by Underwriters Laboratories that is warranted for 10 years and should sound an alarm when activated that is audible to persons in the unit's indoor child care space with all intervening doors closed. Where this type of detector is utilized, the unit owner of this detector shall keep the proof and date of purchase of the detector in the unit's fire drill logs.
(2) 
Have a portable fire extinguisher rated for Class B fires in the kitchen and other cooking areas.
(3) 
Meet the exiting requirements for an R-3 occupancy and licensure under 55 PA. Code chapter 3290 (relating to family child day-care homes).
(c) 
A day-care facility that is an R-3 occupancy under Subsection (a) hereof which provides day-care services to seven to 12 children shall comply with all of the following:
(1) 
Have an interconnected smoke detector system.
(2) 
Have a fire extinguisher rated for Class B fires in the kitchen and other cooking areas.
(3) 
Meet the exiting requirements for an R-3 occupancy and licensure under 55 PA. Code Chapter - 3280 (relating to group child day-care homes).
(d) 
All other child day-care facilities shall be classified under Chapter 3 of the "International Building Code". The facilities shall meet all Uniform Construction Code standards for these occupancy classifications.
[Ord. 30-2004, passed 6-2-2004]
A Building Code Official may exclude an entire historic building or structure or part of the building or structure from compliance with the Uniform Construction Code if it meets all of the following conditions under Section 902 of the Act (35 P. S. § 7210.902):
(a) 
The building or structure is an existing building or structure, or a new building or structure that is not intended for residential use on an historic site.
(b) 
The building or structure is identified and classified by Federal or local government authority or the Historical and Museum Commission as an historic building or site.
(c) 
A Building Code Official judges the building or structure or parts of the building and structure as safe and the exclusion is in the interest of public health, safety or welfare. The Building Code Official shall apply the Uniform Construction Code to parts of the building or structure where its exclusion is not within the interest of the public health, safety and welfare. A Building Code Official may not waive the Uniform Construction Code's accessibility requirements under this section.
[Ord. 30-2004, passed 6-2-2004]
(a) 
Manufactured housing is governed by the following under Section 901(a) of the Act (35 P. S. § 7210.901(a)):
(1) 
Except as provided in Paragraph (2), the Uniform Construction Code does not apply to manufactured housing assembled by and shipped from the manufacturer and which bears a label which certifies that it conforms to Federal construction and safety standards adopted under the Housing and Community Development Act of 1974 (42 U.S.C.A. §§ 5401-5426).
(2) 
This chapter and Sections AE501-AE503 and AE601-AE605 of Appendix E of the International Residential Code adopted under the Uniform Construction Code apply to the following:
A. 
Site preparation.
B. 
Foundation construction.
C. 
Connection to utilities.
(3) 
The Uniform construction code applies to the following:
A. 
Alteration or repair to the unit that does not fall within 24 CFR 3280.1-3280.904 (relating to manufactured home construction and safety standards) and the manufacturer's installation instructions after assembly and shipment by the manufacturer.
B. 
Additions to the unit after delivery to the site.
C. 
Construction, alteration, repair or change of occupancy if the manufactured housing is resold to a subsequent purchaser.
D. 
Construction, alteration, repair or change of occupancy if the original purchaser relocates the manufactured housing.
(b) 
Industrialized housing is governed by the following under Section 901(a) of the Act:
(1) 
Except as provided in Subsection (b)(2), the Uniform Construction Code does not apply to industrialized housing assembled by and shipped from the manufacturer.
(2) 
The Uniform Construction Code applies to all of the following:
A. 
Site preparation.
B. 
Foundation construction.
C. 
Utilities connection.
D. 
Construction, alteration or repair to the industrialized housing unit after installation.
E. 
Construction, alteration, repair or occupancy if industrialized housing is resold to a subsequent purchaser.
F. 
Construction, alteration, repair or occupancy if industrialized housing is relocated.
(c) 
The Department of Community and Economic Development may enforce and take action under the Industrialized Housing Act (35 P. S. §§ 1651.1 — 1651.12) and the Manufactured Housing Construction and Safety Standards Authorization Act (35 P. S. §§ 1656.1 — 1656.9).
[Ord. 30-2004, passed 6-2-2004]
(a) 
A swimming pool, hot tub and spa which is accessory to a one- or two- family dwellings shall comply with all of the following:
(1) 
Chapter 42 of the "International Residential Code".
[Amended by Ord. 27-2019, passed 4-17-2019]
(2) 
Appendix G of the "International Residential Code".
(3) 
Section 2406.2, Paragraph 9 Of The International Building Code (Glazing in Walls and Fences Enclosing Indoor and Outdoor Swimming Pools, Hot Tubs and Spas).
(4) 
Section 3109.4 of the International Building Code (Residential Swimming Pool Enclosures).
(b) 
A swimming pool that is not accessory to a one and two family dwelling shall comply with this chapter, The American National Standards for Public Pools issued by ANSI and NSPI (ANSI/NSPI-1 1991) and The Public Bathing Law (35 P.S. §§ 672-680d).
(c) 
A hot tub or spa that is not accessory to a one or two family dwelling shall comply with this article and the "American National Standard for Public Spas" issued by ANSI and NSPI (ANSI/NSPI-2 1999).
[Ord. 30-2004, passed 6-2-2004]
(a) 
Portions of this article designate and incorporate portions of the following ICC 2015 copyrighted works:
[Amended by Ord. 27-2019, passed 4-17-2019]
(1) 
The "International Building Code".
(2) 
The "International Residential Code".
(3) 
The "ICC Electrical Code".
(4) 
The "International Plumbing Code".
(5) 
The "International Mechanical Code".
(b) 
The "International Residential Code" and the "International Existing Building Code" apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two- family dwellings and multiple single-family dwellings no more than three stories in height with a separate means of egress and their accessory structures.
(c) 
The ICC owns the copyrighted works in Subsection (a) hereof. Reproduced with permission. All rights reserved.
(d) 
If different sections of this article specify different materials, method of construction or other requirements, the most restrictive material, method of construction or other requirement shall govern. The specific requirement of this part applies if there is a conflict between a general requirement and a specific requirement.
(e) 
This article governs if there is a conflict between this article and the provisions of the codes relating to administration incorporated under Section 1503.21(a) (relating to Uniform Construction Code).
(f) 
A provision of the "International Mechanical Code" does not apply if the provision conflicts with the Boiler and Unfired Pressure Vessel Law (35 P. S. §§ 1331.1-1331.9).