[Ord. No. 309, 12/5/2018[1]]
The Township of Amity, Berks County, Pennsylvania (the "Township"),
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 (the "Act"), and its
regulations.
[1]
Editor's Note: This ordinance superseded former Ch. 6,
Code Enforcement, adopted 8/18/2010 by Ord. No. 266, as amended.
[Ord. No. 309, 12/5/2018]
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. No. 309, 12/5/2018]
The following additions, insertions, deletions and changes are
hereby made to the Uniform Construction Code:
(b)
The International Energy Conservation Code is hereby revised as follows:
(1)
Section 101.1: Insert "Township of Amity."
(d)
The sections of the International Fire Code which are cross-referenced
in the International Building Code and part of the UCC adopted by
the Commonwealth of Pennsylvania, as stated in 43 Pa. Code § 403.21(b),
are hereby revised as follows:
(e)
The International Fuel Gas Code is hereby revised as follows:
(1)
Section 101.1: Insert "Township of Amity."
(2)
Section 106.6.2: Insert "Fees assessable by the Township for
the administration and enforcement undertaken pursuant to this particular
code shall be established by the Board of Supervisors of the Township
by resolution from time to time."
(3)
Section 106.6.3: Insert "75% and "75%."
(4)
Section 108.4: Insert "Summary Offense," "$1,000" and "30."
(5)
Section 108.5: Insert "$100" and "$1,000."
(f)
The International Mechanical Code is hereby revised as follows:
(1)
Section 101.1: Insert "Township of Amity."
(2)
Section 106.5.2: Insert "Fees assessable by the Township for
the administration and enforcement undertaken pursuant to this particular
code shall be established by the Board of Supervisors of the Township
by resolution from time to time."
(3)
Section 106.5.3: Insert "75%" and "75%."
(4)
Section 108.4: Insert "Summary Offense," "$1,000" and "30."
(5)
Section 108.5: Insert "$100" and "$1,000."
(g)
The International Code Council Performance Code for Buildings and
Facilities is not modified at this time.
(h)
The International Plumbing Code is hereby revised as follows:
(1)
Section 101.1: Insert "Township of Amity."
(2)
Section 106.6.2: Insert "Fees assessable by the Township for
the administration and enforcement undertaken pursuant to this particular
code shall be established by the Board of Supervisors of the Township
by resolution from time to time."
(3)
Section 106.6.3: Insert "75%" and "75%."
(4)
Section 108.4: Insert "Summary Offense," "$1,000" and "30."
(5)
Section 108.5: Insert "$100" and "$1,000."
(6)
Section 305.4.1: Insert "24 inches" and "36 inches."
(7)
Section 903.1: Insert "12 inches."
(i)
The International Residential Code is hereby revised as follows:
(1)
Section R101.1: Insert "Township of Amity."
(2)
Table R301.2(1): Insert the following design criteria:
(i)
Ground snow load: 30 pounds.
(iii)
Seismic design category: B.
(iv)
Weathering: severe.
(v)
Frost line depth: 30 inches.
(vi)
Termite: moderate to heavy.
(vii)
Winter design temperature: 13°.
(viii)
Winter design temperature: same degree day and
design temperatures as the City of Reading as listed in Appendix D
of the International Plumbing Code.
(ix)
Ice barrier underlayment required: yes.
(3)
Section P2603.5.1: Insert "24 inches" and "36 inches."
(4)
Inclusion: Appendix F, entitled "Radon control methods," of
the International Residential Code is hereby adopted.
(j)
The International Wildland-Urban Interface Code is hereby revised
as follows:
(1)
Section 101.1: Insert "Township of Amity."
(k)
Section 403.1(a) of the Uniform Construction Code is hereby amended
by adding the following subsection:
(1)
The Uniform Construction Code shall also apply to all residential
utility and miscellaneous use structures with a building area of more
than 500 square feet.
(l)
All alterations to residential buildings which do not make structural
changes or changes to means of egress and repairs to residential buildings
shall be subject to compliance with the Uniform Construction Code
as contained in 34 Pa. Code, Chapters 401 through 405, and as amended
from time to time; provided, however, that the following repairs and
alterations shall be exempt from such compliance:
(1)
Fences that are not six feet in height.
(2)
Sidewalks and driveways that are 30 inches or less above adjacent
grade, not placed over a basement or story below them, and not located
in pedestrian passageways.
(3)
Exterior or interior painting, papering, tiling, carpeting,
flooring, cabinets, countertops and similar finishing work.
(4)
Retaining walls less than four feet in height, unless the wall
supports a surcharge.
(5)
Prefabricated swimming pools that are less than 24 inches deep.
(6)
All exterior decks that are "30" or less above grade and not
attached to any structure.
(7)
Swings and other playground equipment accessory to a one-family
or two-family dwelling.
(8)
Window awnings supported by an exterior wall which do not project
more than 54 inches from the exterior wall and do not require additional
support.
(9)
Replacement of glass in any window or door. However, the replacement
glass shall comply with the minimum requirements of the International
Residential Code.
(10)
Replacement of a window, door, garage door, storm window and
storm door in the same opening if the dimensions of framing of the
original openings are not enlarged. The installation of means of egress
and emergency escape windows must be made in the same opening without
altering the dimensions of framing of the original opening, to be
exempt.
(11)
Replacement of existing roof material.
(12)
Replacement of existing siding or installation of siding over
existing exterior wall covering.
(13)
Repair or replacement of any part of a porch or stoop, which
is not a structural element.
(14)
Installation of additional roll, batt, or blown-in insulation.
(15)
Replacement of exterior rainwater gutters and leaders.
(16)
Installation or replacement of aluminum or vinyl soffit, fascia
or other exterior trim.
(17)
Minor electrical work for the following:
(i)
Replacement of lamps or the connection of approved portable
electrical equipment to approved permanently installed receptacles.
(ii)
Replacement of a receptacle, switch or lighting fixture rated
at 20 amps or less and operating at less than 150 volts to ground
with a like or similar item. This does not include replacement of
receptacles in locations where ground-fault interrupter protection
is required.
(iii)
Replacement of installed electrically operated
equipment, such as doorbells, communication systems, security systems
and any motor-operated device.
(iv)
Installation, alteration or rearrangement of communications
wiring or security wiring.
(v)
Replacement of dishwashers.
(vi)
Replacement of range hoods.
(18)
The following gas work:
(19)
The following mechanical work or equipment:
(i)
A portable heating appliance.
(ii)
Portable ventilation appliances.
(iii)
A portable cooling unit.
(iv)
Steam, hot or chilled water piping within any heating or cooling
equipment governed under the Uniform Construction Code.
(v)
Replacement of any minor part that does not alter approval of
equipment or make the equipment unsafe.
(vi)
Self-contained refrigeration systems containing 10 pounds or
less of refrigerant or that are put into action by motors of one horsepower.
(vii)
Portable evaporative cooler.
(viii)
A portable fuel cell appliance that is not connected
to a fixed piping system and is not interconnected to a power grid.
(20)
The following plumbing work:
(i)
Replacement of bib valves if replacement hose bib valves are
provided with an approved atmospheric breaker.
(ii)
Replacement of ball cocks.
(iii)
Repair of leaks.
(iv)
Clearance of stoppages.
(v)
Replacement of faucets or working parts of faucets.
(vi)
Replacement of valves other than shower or combination shower/bath
valves.
(vii)
Replacement of traps, if not buried.
(viii)
Replacement of water closet lavatory or kitchen
sink.
(ix)
Replacement of domestic clothes washers and dishwashers.
(21)
The following heating, ventilation and air-conditioner work:
(i)
Replacement of motors, pumps and fans of the same capacity.
(ii)
Repair and replacement of heating, supply and return piping
and radiation elements, which do not require rearrangement of the
piping system.
(iii)
Repair of ductwork.
(iv)
Repair of air-conditioning equipment and systems.
(v)
Repair and replacement of control devices for heating and air-conditioning
equipment.
(vi)
Replacement of kitchen range hoods.
(vii)
Replacement of clothes dryers if there is no
change in fuel type, location or electrical requirements.
(viii)
Replacement of stoves and ovens if there is
no change in the fuel type, location or electrical characteristics.
(m)
An ordinary repair does not require a permit. The following are not
ordinary repairs:
(1)
Cutting away a wall, partition or portion of a wall.
(2)
The removal of cutting and any structural beam or load-bearing
support.
(3)
The removal or change to any required means of egress or rearrangement
of parts of a structure affecting the means of egress.
(4)
The addition to, alteration of, replacement or relocation of
any standpipe, water supply, sewer drainage, drain leader, gas, soil,
waste, vent or similar piping, electric or mechanical.
(n)
A permit is not required for the installation, alteration or repair
of generation, transmission, distribution, metering or other related
equipment under the ownership or control of public service agencies.
[Ord. No. 309, 12/5/2018]
Administration and enforcement of the code within the Township
shall be undertaken in any of the following ways as determined by
Board of Supervisors of the Township from time to time by resolution:
(a)
By the designation of an employee of the Township to serve as the
Township Building 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 the Act through an intermunicipal
agreement.
(d)
By entering into a contract with another municipality for the administration
and enforcement of the 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. No. 309, 12/5/2018]
A Board of Appeals shall be established by resolution of the
Board of Supervisors of the 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.
[Ord. No. 309, 12/5/2018]
(a)
All building code ordinances or portions of ordinances which were
adopted by the Township before April 7, 2010, are hereby repealed.
(b)
All building code ordinances or portions of ordinances which are
in effect as of the effective date of this Part and whose requirements
are less than the minimum requirements of the code are hereby amended
to conform with the comparable provisions of the code.
(c)
All relevant ordinances, regulations and policies of the Township
not governed by the code shall remain in full force and effect.
[Ord. No. 309, 12/5/2018]
Fee assessable by the Township for the administration and enforcement
undertaken pursuant to this Part and the code shall be established
by the Board of Supervisors of the Township by resolution from time
to time.
[Ord. No. 309, 12/5/2018]
If any sentence, clause, section or part of this Part is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this Part. It is hereby declared as the intent of the
Board of Supervisors of the Township that this Part would have been
adopted had such unconstitutional, illegal or invalid sentence, clause,
section or part thereof not been included herein.
[Ord. No. 309, 12/5/2018]
A certain document, one copy of which is on file in the office
of the Secretary of the Township of Amity, being marked and designated
as the "2018 International Property Maintenance Code," as published
by the International Code Council, be and is hereby adopted as the
Property Maintenance Code of the Township of Amity, in the Commonwealth
of Pennsylvania, for regulating and governing the conditions and maintenance
of all property, buildings and structures; by providing the 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 for the demolition
of such existing structures as herein provided; providing for the
issuance of permits and collection of fees therefor; and each and
all of the regulations, provisions, penalties, conditions and terms
of said Property Maintenance Code on file in the office of the Township
of Amity are hereby referred to, adopted, and made a part hereof,
as if fully set out in this section, with the additions, insertions,
deletions and changes, if any, prescribed as follows:
(a)
Section 101.1: Insert "Township of Amity."
(b)
The title of Section 103 shall read as follows: "Building Code Official
and Deputies."
(c)
Section 103.1 shall read as follows:
Creation of the office of the Building Code Official. The office
of Building Code Official is hereby created, and the executive official(s)
in charge thereof shall be known as the "Building Code Official."
(d)
Section 103.2 shall read as follows:
Appointment. The Building Code Official shall be appointed by
the Board of Supervisors and shall serve at the pleasure of the Board
of Supervisors.
(e)
Section 103.5 shall read as follows:
Fees. The fees for all work, permits, charges, etc., shall be
paid in accordance with the fee schedule resolution in effect at the
time application is made.
(f)
Subsection 106.3 shall read as follows:
Prosecution of violation. Persons who shall violate a provision
of this code, fail to comply with any of the requirements thereof,
or erect, install, alter or repair work in violation of the approved
construction documents or directive of the Building Code Official,
or of a permit or certificate issued under the provisions of this
code, shall be guilty of a summary offense, punishable by a fine of
not more than $1,000 per violation. Each day that a violation continues
after due notice has been served shall be deemed a separate offense.
(g)
Subsection 107.5 is hereby revised by deleting the reference to "Section
106.4" and substituting "106.3" as set forth above.
(h)
Section 202 is hereby revised to include the following additional
definitions:
Occupied. As applied to a building or portion thereof, shall
be construed as though followed by the words "or intended, arranged
or designed to be occupied, or having a certificate of use and occupancy."
One-Family Dwelling. A building containing one dwelling unit.
Two-Family Dwelling. A building containing two dwelling units.
(i)
Section 202 is hereby amended as follows: In the definition of "owner,"
the phrase "if ordered to take possession of real property by a court"
is hereby deleted from the definition.
(j)
Section 301 is hereby amended to include the following additional
subsection known as "301.2.1":
Where properties abut a public right-of-way, the abutting property
owner shall be responsible for the maintenance of the area between
their property line and the cartway, including the curb, the sidewalk
and grass areas between the curb and the property line.
(k)
Section 302 is hereby amended to include the following additional
subsection known as "302.3.1":
Where sidewalks exist, those responsible (see Section 301.2.1,
as amended) for the sidewalks shall have at least a two-foot-wide
path cleared of snow and ice within 24 hours after the cessation of
the snowfall.
Exception: When more than 12 inches of snow has fallen, those
responsible for the sidewalk shall have at least a two-foot-wide path
cleared of snow and ice within 48 hours after the cessation of the
snowfall.
(l)
Section 302.4 is hereby amended to insert "10 inches in height" for
"(jurisdiction to insert height in inches)."
(m)
Section 302 is hereby amended to include the following additional
subsection known as "302.4.2":
The Building Code Official, or any officer or employee of the
Township designated thereby for this purpose, is hereby authorized
to give notice, by personal service or United States mail, to the
owner or occupant or any adult person in charge of said premises,
as the case may be, of any property wherein grass or other vegetation
is in violation of Section 302.4 or Section 302.4.1, directing and
requiring such occupant or owner to remove, trim or cut such grass,
weeds or vegetation so as to conform to the requirements of this ordinance,
within five days after issuance of such notice.
Whenever, in the judgment of the Building Code Official, it
shall appear to be impracticable to give notice as above provided,
either because the owner or occupant cannot readily be found, or because
a search for the owner or occupant would entail unreasonable delay,
the Township, or any officer or employee of the Township designated
thereby for that purpose, may give notice by posting conspicuously
on the property where such nuisance exists a notice or order directing
and requiring that such nuisance be abated within five days.
In case any person, firm or corporation shall neglect, fail
or refuse to comply with such notice within the period of time stated
therein, the Township may order the removal, trimming or cutting of
such grass, weeds or vegetation, and the cost thereof, together with
a penalty of 10% of the cost thereof, shall be collected by the Township
from such person, firm or corporation, in the manner provided by law,
and may be entered as a municipal lien against the property and owner
thereof, for the abatement of the nuisance.
(n)
Section 302 is hereby amended to include the following additional
subsection known as "302.8.1":
Within the front or side yard of a property, registered and unregistered motor vehicles may only be parked on a paved area (as that term is defined in the Amity Township Zoning Ordinance, § 32-202). Motor vehicles may be parked on nonpaved areas in the rear yard, provided that a solid fence, a minimum of six feet tall, is erected around the rear yard in order to screen the contents of the yard from surrounding neighbors.
(o)
Section 304.14: Substitute "May 15" for the first reference of "[DATE]"
and "October 15" for the second reference of "[DATE]."
(p)
Section 602.3: Substitute "October 1" for the first reference of
"[DATE]" and "May 1" for the second reference of "[DATE]."
(q)
Section 602.4: Substitute "October 1" for the first reference of
"[DATE]" and "May 1" for the second reference of "[DATE]."
(r)
Substitute in all relevant sections of the Code: "Building Code Official"
for "[THE BUILDING OFFICIAL]."
(s)
Substitute in all relevant sections of the Code "the Board of Supervisors"
for "[THE GOVERNING BODY]."
[Ord. No. 309, 12/5/2018]
If any sentence, clause, section or part of this Part is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this Part. It is hereby declared as the intent of the
Board of Supervisors of the Township that this Part would have been
adopted had such unconstitutional, illegal or invalid sentence, clause,
section or part thereof not been included herein.
