[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:
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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.
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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:
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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.
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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.
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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.
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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".
[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:
(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).
(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).
(5)
The accessibility
provisions found in the 2021 ISPSC.
[Added by Ord. No. 7-2022, passed 3-2-2022]
(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 2018 copyrighted works:
[Amended by Ord. 27-2019, passed 4-17-2019; Ord. 7-2022, passed 3-2-2022]
(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).
