[Ord. No. 2004-04, 6/6/2004]
1. Except as modified by §
5-701, Subsection
2, hereof, the Uniform Construction Code as set forth in 34 Pa. Code, Chapters 401 through 405, inclusive, is hereby incorporated by reference and adopted as the official Municipal Building Code of Valley Township, Chester County, Pennsylvania.
2. The Uniform Construction Code adopted by this Part shall be amended
automatically by all amendments, supplements, additions and later
editions which may from time to time be promulgated as amendments,
supplements, additions or later editions to or of the Uniform Construction
Code.
[Ord. No. 2016-01, 3/15/2016]
1. Section R301 of the International Residential Code for One- and Two-Family
Dwellings (2009) is amended by including within Table R301.2(1) the
following design criteria:
Ground Snow Load
|
30 pounds
|
Wind Speed
|
90 mph
|
Seismic Design Category
|
C
|
Weathering
|
Severe
|
Frost Line Depth
|
36 inches
|
Termite
|
Moderate to Heavy
|
Decay
|
Slight to Moderate
|
Winter Design Temperature
|
14 degrees Fahrenheit
|
Ice Shield Underlayment Required
|
Yes
|
Flood Hazards
|
See Chapter 27, Zoning, of the Township Code of Ordinances
|
Air Freezing Index
|
1000
|
Mean Annual Temperature
|
51 degrees Fahrenheit
|
2. The following Appendices shall be included within the International
Residential Code for one- and two-family dwellings:
A. Appendix A: Sizing and capacities of gas piping.
B. Appendix B: Sizing of venting systems serving appliances equipped
with draft hoods, Category I appliances, and appliances listed for
use with Type B vents.
C. Appendix C: Exit terminals of mechanical draft and direct venting
systems.
D. Appendix F: Radon control methods.
3. The following appendix of the International Existing Building Code
of 2009 shall be included:
A. Appendix B: Supplementary accessibility requirements for existing
buildings and facilities.
4. The following appendices of the International Fuel Gas Code of 2009
shall be included:
A. Appendix A: Sizing and capacities of gas piping.
B. Appendix B: Sizing of venting systems serving appliances equipped
with draft hoods, Category I appliances, and appliances listed for
use with Type B vents.
C. Appendix C: Exit terminals of mechanical draft and direct venting
systems.
5. The following appendices of the International Plumbing Code of 2009
shall be included:
A. Appendix B: Rates of rainfall for various cities.
B. Appendix D: Degree day and design temperatures.
C. Appendix F: Structural safety.
[Ord. No. 2004-04, 6/6/2004]
Valley Township hereby elects to and so shall administer and
enforce the provisions of the Pennsylvania Construction Code Act (i.e.
,Act 45 of 1999), as amended to date and from time to time (35 P.S.
§§ 7210.101 through and including 7210.1103, as amended
to date and from time to time), and all regulations permitted to be
issued under the Pennsylvania Construction Code Act.
[Ord. No. 2004-04, 6/6/2004]
1. The administration and enforcement of the Uniform Construction Code
in Valley Township shall be accomplished by one or more of the following
means, which shall be authorized by resolution of the Valley Township
Board of Supervisors:
A. The designation of an employee of Valley Township to act as the Valley
Township Municipal Code Official.
B. The retention of one or more construction code officials or third-party
agencies to act on behalf of Valley Township as Municipal Code Officials
within the corporate limits of Valley Township.
C. A duly approved intermunicipal cooperative agreement with one or
more municipalities for the purpose of jointly administering and enforcing
the Pennsylvania Construction Code Act and the regulations issued
thereunder.
D. A written contract with another municipality authorizing that municipality
to administer and enforce the Pennsylvania Construction Code Act and
the regulations issued thereunder on behalf of Valley Township within
the corporate limits of Valley Township.
E. A written agreement with the Commonwealth of Pennsylvania Department
of Labor and Industry for enforcement, plan reviews and inspections
of structures other than one- or two-family dwelling units, utility
structures or miscellaneous use structures.
[Ord. No. 2004-04, 6/6/2004]
1. The Board of Supervisors of Valley Township shall, by resolution,
establish the Board of Appeals required by the Pennsylvania Construction
Code Act.
2. If the administration and enforcement of the Pennsylvania Construction
Code Act is undertaken by Valley Township jointly with one or more
municipalities, the Board of Appeals shall be established by a joint
resolution of all participating municipalities.
[Ord. No. 2004-04, 6/6/2004]
1. All building code ordinances or portions thereof enacted by Valley
Township prior to 11:59 p.m. prevailing time, Thursday, July 1, 1999,
shall continue in full force and effect, provided:
A. The provisions of those building code ordinances equal or exceed
the minimum requirements of the Uniform Construction Code; or
B. Until the time any provisions of those ordinances fail to equal or
exceed the minimum requirements of the Uniform Construction Code,
as amended from time to time.
2. All existing building code ordinances (or portions thereof) of Valley
Township which are in effect when this Part is enacted and whose requirements
are less stringent than the minimum requirements of the Uniform Construction
Code are hereby automatically amended to conform with comparable provisions
of the Uniform Construction Code.
3. All other ordinances of Valley Township that are not governed by
the Uniform Construction Code shall remain in full force and effect.
[Ord. No. 2004-04, 6/6/2004]
If any provision of the Uniform Construction Code permits the
assessment, collection and receipt by Valley Township of any fee,
that fee shall be established and assessed pursuant to a fee schedule
to be adopted by resolution of the Valley Township Board of Supervisors,
which may be amended from time to time by subsequent resolutions.
[Ord. No. 2004-04, 6/6/2004]
1. A person who violates any provision of this Part shall, upon conviction
in a summary proceeding before a District Justice, be sentenced to
pay a fine of not less than $150 nor more than $1,000, per violation,
together with the costs of prosecution.
2. In addition to the enforcement of this Part by a summary proceeding as provided for in §
5-708, Subsection
1, Valley Township, at its election, may institute appropriate actions or in equity to restrain, correct or abate any violation of the Uniform Construction Code adopted by this Part. In the event that Valley Township elects to enforce the provisions of this Part by an action at law or in equity, any person who has violated or permitted the violation(s) of the provisions of this Part shall, upon being found liable therefor in a civil action commenced by Valley Township, pay a judgment of not less than $1,000 per violation, plus costs and attorney's fees incurred by Valley Township.
3. Each day any violation exists and continues shall constitute a separate
offense.
4. In the event that any summary proceeding or civil action authorized by this §
5-708 brought against any person pursuant to this Part becomes final and no appeal to the Court of Common Pleas of Chester County or other Appellate Court is then pending, and the violation still exists, then Valley Township, through its duly authorized agent(s), shall be and is hereby empowered to correct any violation by repair or otherwise.
5. All costs, expenses and attorney's fees incurred or expended by Valley Township for any repair, etc., of the violation as is permitted in Subsection
4 above, together with an administrative charge of 10% may be charged as a municipal claim or lien against the real property on which the violation occurs.
[Ord. No. 2004-04, 6/6/2004]
If any section or provision of this Part is declared by any
court of competent jurisdiction to be unconstitutional, illegal or
invalid, such unconstitutionality, illegality or invalidity shall
not affect the constitutionality, legality or validity of any other
section or provision of this Part other than the one so declared to
be unconstitutional, illegal or invalid.
[Ord. No. 2004-04, 6/6/2004]
This Part shall become effective five days after enactment.