[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; Ord. No. 23-2021, passed 4-21-2021; Ord. 7-2022, passed 3-2-2022]
(1)
The provisions of Chapters 2 — 29 and 31 — 35 of the "International Building Code 2018."
(2)
The "International Electrical Code 2018." Replace the accessibility provisions found in Chapter 11 of the 2018 IBC with the updated accessibility provisions of Chapter 11 of the 2021 IBC.
(3)
The "International Mechanical Code 2018."
(4)
The "International Fuel Gas Code 2018."
(6)
The "International Energy Conservation Code 2018."
(7)
The "International Residential Code 2018."
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 2018." Replace the accessibility provisions found in the 2018 IEBC with the updated accessibility provisions found in the 2021 IEBC.
(9)
The "International Performance Code 2018."
(10)
The "International Urban-Wildland Interface Code 2018."
(11)
The "International Fire Code 2018."
A.
Amend Section 307.1.1 as follows:
307.1.1 Prohibited Open Burning. Open burning shall be prohibited when atmospheric conditions or local circumstances make such fires hazardous. Open burning shall also be prohibited when winds are gusting to or sustained at 10 mph. |
B.
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.
C.
Amend Section 307.5 as follows:
Section 307.5 Attendance. Open burning, bonfires, recreational fires and use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization. Residents are permitted to burn only dry "seasoned" firewood in approved containers such as a metal or masonry fire ring, portable outdoor fireplace, or chiminea. Hand-dug fire pits, burn barrels, or containers not normally used for recreational fires are not permitted. Recreational burning shall be permitted between the hours of 5:00 p.m. to 11:00 p.m. on weekdays (Monday through Thursday), 5:00 p.m. until 12:00 midnight on weekends (Friday through Sunday) and federally observed holidays. |
D.
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 2018."
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.
(13)
Chapter 11 and Appendix E of the 2021 International Building Code (IBC) for new construction along with the accessibility provisions contained in the 2021 International Existing Building Code (IEBC), the 2021 International Plumbing Code (IPC) and the 2021 International Swimming Pool and Spa Code (ISPSC).
(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.
(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".