[HISTORY: Adopted by the Board of Supervisors of the Township
of Unity 6-22-2004 by Ord. No.
O-7-04. Amendments noted where applicable.]
A.
The
Uniform Construction Code (UCC), contained in 34 Pa. Code, Chapters
401 to 405, as amended from time to time, together with Appendixes
B and C of the International Fire Code contained therein, as amended,
be and is hereby adopted and incorporated herein by reference as the
municipal building code of and for Unity Township.
[Amended 3-13-2008 by Ord. No. O-09-08]
B.
Unity
Township hereby elects to administer and enforce the provisions of
the Pennsylvania Construction Code Act, Act 45 of 1999, as amended
from time to time, and its regulations, together with Appendixes B
and C of the International Fire Code.
[Amended 3-13-2008 by Ord. No. O-09-08]
C.
All building code ordinances or portions of ordinances which were adopted by Unity Township on or before July 1, 1999, and which equal or exceed the requirements of the UCC shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the UCC, as amended from time to time. Those additional standards relating to the construction of private sewer laterals are set forth in § 41-2 hereof.
D.
All
building code ordinances or portions or ordinances which are in effect
as of the effective date of this chapter[1] and whose requirements are less than the minimum requirements
of the UCC are hereby amended to conform with the comparable provisions
of the UCC.
[1]
Editor's Note: The effective date of this chapter is
7-1-2004.
[Added 3-28-2006 by Ord.
No. O-4-06]
A.
UNCERTIFIED BUILDING
Definitions. As used herein:
Any existing nonresidential building which, prior to April
9, 2004, was not approved for use and occupancy by the Pennsylvania
Department of Labor and Industry or pursuant to any building code
as may have been previously in effect in Unity Township.
B.
Uncertified buildings under the jurisdiction of Unity
Township. Subject to the provisions of Subsection D hereof, all of
the following shall apply to a building subject to the jurisdiction
of Unity Township:
(1)
The Township shall issue a certificate of occupancy
to an uncertified building if that building meets the requirements
of this subsection, unless the Township deems the building to be unsafe
because of inadequate means of egress, inadequate light and ventilation,
fire hazards or other dangers to human life or to public welfare.
(2)
An uncertified building shall comply with the following:
(a)
Maximum story height, minimum allowable construction type based on floor area, vertical opening and shaft protection, means of egress requirements of the International Building Code pertaining to minimum number of exits, maximum travel distances to exits, means of egress illumination, minimum egress widths and heights for exit doors, exit stairs, exit ramps and exit corridors. Waivers shall be as set forth in Subsection B(3) below.
(b)
Fire safety requirements of the International Building Code with respect to fire alarms, fire extinguishers, heat and smoke detectors, automatic sprinkler systems and occupancy and incidental use separations. If the code requires that a building have automatic sprinkler systems, the only buildings required to install automatic sprinkler systems shall be those buildings classified in use groups E (educational), H (high hazard), I (institutional), R-1 or R-2 (residential) and those buildings which have occupied floors more than 75 feet above lowest level of Fire Department access. Buildings in use groups R-1 and R-2 which do not have occupied floors more than 75 feet above lowest level of Fire Department access may, instead of installing automatic sprinkler systems, install hard-wired interconnected heat and smoke detectors located in all lobbies, corridors, equipment rooms, storage rooms and other spaces that are not normally occupied. If construction began on a building prior to May 19, 1984, there is no requirement for the installation of automatic sprinkler systems under this subsection. If construction of a building began after May 18, 1984, automatic sprinkler installation required under this subsection shall be completed within five years of the effective date of this subsection, or an occupancy permit issued under this subsection shall be invalid. Waivers shall be as set forth in Subsection B(3) below.
(c)
Accessibility requirements as follows:
[1]
If construction of a building began before September
1, 1965, no accessibility requirements shall be imposed.
[2]
If construction of a building began after August
31, 1965, and before February 18, 1989, and if the building was subject
to the requirements of the former act of September 1, 1965 (P.L. 459,
No. 235), entitled "An act requiring that certain buildings and facilities
adhere to certain principles, standards and specifications to make
the same accessible to and usable by persons with physical handicaps,
and providing for enforcement," it shall have:
[a]
At least one accessible entrance;
[b]
An accessible route from the accessible
entrance to any public spaces on the same level as the accessible
entrance; and
[c]
If toilet rooms are provided, at
least one accessible toilet room for each sex or a unisex toilet room,
complying with the accessibility requirements of the International
Building Code.
[3]
If construction of the building began after February
17, 1989, all accessibility requirements of the International Building
Code shall be met.
(4)
Structural requirements shall not be imposed, unless
the Township determines that the building or a portion of the building
has defects which are dangerous as defined in the International Existing
Building Code. The Township may impose only those requirements minimally
necessary to remove any danger to the building's occupants.
(5)
A building owner may file an application for a variance from this subsection concerning accessibility with the Board of Appeals pursuant to § 41-4 of the Code of the Township of Unity. A building owner may file an application for a variance from this subsection concerning other standards.
(6)
A building subject to this subsection shall be permitted
to maintain its current occupancy as long as the owner demonstrates
reasonable efforts to comply with this subsection.
(7)
An uncertified building which was built before April
27, 1927, shall be deemed a certified building for purposes of this
act.
C.
Applicability of Uniform Construction Code. Nothing
in this section shall be construed in any way as to affect the applicability
of the Uniform Construction Code if a building is subject to renovation,
additions, alterations or a change in use or occupancy.
The Unity Township Municipal Authority ("UTMA" or "Authority")
has previously adopted and enacted certain procedures and design standards
for the construction of private sewer laterals that meet or exceed
the requirements of the Uniform Construction Code and which are set
forth herein for the purpose of codifying the same as controlling
standards in Unity Township.
A.
Procedure.
The general procedures required in the installation of private sewer
laterals is summarized as follows:
(1)
Submit application for permit to construct private
sewer lateral on form provided and pay the current connection fee.
Retain permit to show to Authority's inspector and signed by
Authority's inspector after approval of installation. Connection
must be made within 60 days of receipt of notice to connect; except
on new home construction, tap-in permit is valid for one year.
(2)
All information requested on said form shall be furnished
by the applicant, including the character and use of each structure
located upon the property.
(3)
Examine the as-built sewer plans of the Authority
available at the construction field office or the Manager's office
to determine the referenced location of the service wye for the property
to be served and discuss with the Manager and/or Authority's
inspector any particular conditions of the proposed construction requiring
special attention. Contact the UTMA Operations Manager at (724) 423-6888.
(4)
Unless written permission is obtained from the Authority,
separate connections and corresponding tap connections and inspection
fees will be required for each individual occupied building, whether
constructed as a detached unit or as one of a pair or row, but a single
connection with payment of the tap-in fees for the appropriate number
of actual units serviced will be permitted to serve a school, factory,
apartment house, or other permanent multiple-unit structure whose
individual apartments or units may be subject to separate ownership.
(5)
Locate and uncover the end of the Authority's
wye or lateral sewer or mainline if no tap-in exists, provide tap-in
saddle or insert a tee at mainline. Prior to any further excavation,
determine the elevation of and the required grade between the two
points, to assure that the minimum allowed grade can be met.
(6)
Proceed with further excavation between these two
points.
(7)
Lay pipe from lateral or service wye or, if none exists,
from an approved saddle, or insert a tee installed in the presence
of Authority's inspector, including inspection stack near property
line, upgrade to near the point of connection to the building drain,
The Authority's inspector shall be notified of the scheduled
connection to the Authority's sewer at least 24 hours in advance
at (724) 423-6888. Do not connect to the Authority's sewer without
the Authority's inspector observing. The inspection stack shall
be constructed with watertight joints. A cleanout plug, which shall
be removable for visual inspection of the building sewer, shall be
installed over the top of the inspection stack. Care shall be taken
to keep the stack vertical so that visual inspection may be completed.
Top of inspection stack should be a minimum of six inches above the
ground surface.
(a)
For new construction, the basement slab shall
be poured prior to inspection unless prior approval has been obtained
from the Authority's inspector.
(b)
For both new and existing buildings, no backfill
shall be made on the sewer lateral and it shall be visible for inspection.
If the trench has been backfilled, the sewer lateral will be plugged
by the Authority until the trench has been re-excavated and the pipe
is visible.
(8)
Request inspection by the Authority of exposed piping,
in which particular attention will be given to the following: (twenty-four-hour
notice required.)
(a)
Installation of a trap or traps as shown on the
attached drawing[1] on the building facilities. A vented trap must be installed
within five feet from the building.
(b)
Facilities for conducting roof drainage at least
10 feet away from the building and away from the sanitary sewer and
the foundation.
(c)
Facilities for draining the foundation away from
the building and the sanitary sewer.
(d)
Connection of prohibited facilities to the sanitary
sewer. Included in these facilities are depressed driveway drains,
outside cellar stairwell drains, outside window wells, downspouts,
foundation drains, sump pumps, or any facility conducting stormwater
into the sanitary sewer by any means.
(e)
The slope of the building sewer to the tee at
the inspection stack, which shall be a minimum of 1/4 inch per foot,
when available. (2%)
(f)
Conformance of materials used in the construction
of sewers with the "Rules and Regulations for the Construction of
Sewer Laterals."
(g)
Tightness of joints in pipes and use of mortar
or other prohibited materials in joints.
(h)
The applicant shall correct any deficiencies
noted by the Authority's inspector in accordance with these requirements.
(9)
Upon completion of a satisfactory inspection, backfill
of the sewer lateral may then be completed as per UTMA Specifications.
(10)
When a new structure has been completed, and before
title has been transferred or occupancy permitted, or when the new
sewer from an existing building has been backfilled, the applicant
shall call for a final inspection, at which time a water test or a
smoke test may be made to determine that roof, foundation, or nonsanitary
drains are not connected to the sanitary sewer. A plug will be inserted
in the sanitary sewer at the inspection stack to conduct the test
and will not be removed until any required corrections have been made.
Upon correction, the plug will be removed. The sewer lateral may then
be used for conveying sanitary waste.
E.
Cleanouts and traps.
(1)
The use of traps is required. The use of cleanouts
on the new service line is required. Cleanouts are permitted for special
conditions of alignment, as may be desired by the property owner.
It is advised that cleanouts be provided at bends and immediately
downstream of traps over four feet deep. Traps and/or cleanouts must
be installed as shown in a detail of sewer lateral.[3]
(2)
All vents must extend to at least six inches above
the finished ground surface and must have a commercially manufactured
vent cap to keep out leaves, debris, and animals. Cleanouts must have
watertight caps and must be at or above finished grade. Cleanouts
must remain uncovered permanently. Substitutions from specified fittings
must be approved by the Authority Manager.
(3)
Trap vents and cleanouts must be laterally supported
with properly compacted backfill, and must not be installed in driveways
where they are subject to damage from vehicular traffic and/or used
as an area drain for surface water. Establishments which discharge
grease, fat or tar in excess of 100 mg/l by weight, such as restaurants,
must install an outside grease trap with a minimum capacity of 500
gallons or as determined by the Authority Manager.
F.
Pipe laying and backfilling. (See attached detail.[4]).
(1)
Flexible sewer pipe (PVC) shall have Class I bedding,
as described in ASTM D-2321 and modified here:
(a)
All sewer pipe shall be supported on and embedded
in granular bedding material. (See attached details.[5]) The bedding and embedment shall be deposited in four-inch
layers, on both sides of, six inches below and to 12 inches above
the top of the pipe, and carefully compacted.
(b)
Tamping within 12 inches of the pipe shall be
by hand tamping. Subsequent compaction shall be performed with mechanical
tampers, which have a zone of influence less than the depth from the
point of usage to the top of the pipe. In no case shall compactors
of the hydro-hammer type be utilized within 48 inches of the pipe
surface, and then only if pipe embedment has previously been compacted
to at least 85% of standard proctor density.
(c)
Bell holes in the bedding shall be provided at
each joint to permit proper assembly of the joint while providing
maximum uniform pipe support. In cold or freezing weather, the maximum
size of aggregate in the special material shall be 3/4 inches.
(2)
Concrete cradle or encasement.
(a)
Where unstable conditions are encountered, or
where required by the Authority Manager or Engineer, the pipe shall
be supported on a concrete cradle.
(b)
Where concrete encasement is required, the trench
shall be excavated to a minimum depth of six inches below the bottom
of the pipe. The pipe shall be laid and supported so as to receive
a six-inch minimum encasement around the entire periphery of the pipe.
The excavated space shall then be completely filled with and the entire
pipe encased in concrete such that the minimum concrete encasement
at any point around the outside barrel of the pipe measures six inches
thick or more. The total minimum width of the concrete encasement
shall equal the width of trench excavation, which shall be kept to
the minimum practicable width such that the six-inch encasement thickness
is maintained.
(c)
All concrete shall be Class D.
(3)
Backfilling.
(a)
No backfilling may be done before the Authority's
inspector gives permission. After pipes have been checked for alignment
and bedding and approved by the Authority's inspector, the backfilling
may be started. Backfill material may be deposited in trench either
by hand or machine. Spread the backfill in uniform eight-inch loose
layers where compaction is required.
(c)
If settlement occurs, additional backfill shall
be deposited and mechanically compacted to grade elevation.
(d)
Excavated material shall be so placed as not
to unreasonably interfere with travel, either pedestrian or vehicular.
All macadam and other street surfacing, surface loam and sod shall
be kept separate from the remainder of the excavated material.
G.
Connections to existing sewer. Connecting to both the
house plumbing and the sewer main or the end of the service connection
shall be with a proper fitting, specially manufactured for such use.
In the event there is no service connection available at the required
point of connection to the public sewer, an approved saddle connection
shall be used. Lateral sewer or wye fittings broken by the property
owner or his private contractor shall be immediately replaced with
the proper wye fitting with the costs of such replacement being borne
by the property owner.
H.
Use of existing building sewer. An existing building
sewer from a building to its septic tank or other disposal point can
only be used if it can be demonstrated to the Authority inspector
that the existing sewer is of proper construction and is watertight.
I.
Prohibition of surface and groundwater connections.
Connection of roof downspouts, exterior foundation drains, areaway
drains, or other sources of surface runoff or groundwater to a building
sewer or building drain, which in turn is connected directly or indirectly
to the public sewer, is strictly prohibited.
J.
Employee and public safety. All excavation for building
sewer installation shall be adequately guarded to protect the public
from hazard, in accordance with federal, state and local laws.
K.
Testing. At any time considered necessary by the Authority
inspector, testing of the sewer lateral for leakage shall be performed
by the Authority. In such cases, the property owner shall be required
to assist in the testing and make corrective repairs as may be required.
If a building sewer fails the air test, leakage test, or smoke test,
the Authority may plug the sewer until the defective sewer is replaced.
The Authority has the right to televise laterals as part of the lateral
inspection process.
L.
Timing. Where a new building is to be constructed and
connected to the Authority's system, the sewer lateral must be
constructed after the new building is under roof or the lateral needs
to be capped to preclude any excavation drainage from entering the
Authority's system.
M.
Design plats. Made a part hereof by reference are design
drawings depicting recommended minimum design and construction standards.
Originals of these plats shall be on file and available at the Unity
Township offices and the offices of the Unity Township Municipal Authority.
These plats set forth the following:
N.
Inside plumbing. All inside sanitary plumbing must
conform to the provisions of the Uniform Construction Code as adopted
and incorporated by the Township of Unity in this chapter.
A.
The
Unity Township Board of Supervisors from time to time shall designate
certain employees of the Township to serve as building code officials
or code administrators. Each employee so designated shall be qualified,
registered or certified with the Pennsylvania Department of Labor
and Industry for enforcement under the UCC.
B.
The
building code officials or code administrators designated by the Unity
Township Board of Supervisors shall, in addition to their other duties
and responsibilities, be responsible for the certification relating
to those exterior municipal sewer lines, exterior sewer laterals and
other exterior sanitary sewer or wastewater installations governed
by the UCC, provided that said officials or administrators shall not
approve any such installations without first having received a written
approval of such installation from a UTMA agent, employee or representative
who is authorized to issue such approval by UTMA, and which written
approval is issued under the direction of the UTMA Operations Manager.
A.
The Unity Township Construction Code Appeals Board
is established hereby for the purpose of hearing and ruling upon appeals
from decisions of the designated building code officials.
B.
The standards and regulations of the Unity Township
Construction Code Appeals Board are as follows:
(1)
Application for appeal. Any person shall have the
right to appeal a decision of the Code Official to the Board of Appeals.
An application for approval shall be based on a claim that the true
intent of the Unity Code and the UCC or the rules legally adopted
thereunder have been incorrectly interpreted, the provisions of the
Unity Code and/or UCC do not fully apply, or an equivalent form of
construction is to be used.
(2)
Membership of the Appeals Board. The Board of Appeals
shall consist of five members appointed by the Board of Supervisors
of Unity Township as follows: one for five years, one for four years,
one for three years, one for two years, and one for one year. Thereafter,
each new member appointed shall serve for a term of five years or
until a successor has been appointed.
(a)
Qualifications of members. The Board of Appeals
shall consist of five individuals, each of whom shall be qualified
by training and experience to pass on matters pertaining to building
construction. Training and experience may consist of licensure as
an architect or engineer, experience in the construction industry,
and training or experience as an inspector or plan reviewer.
[1]
Members shall hold office at the pleasure of
the Unity Township Board of Supervisors.
[2]
Elected Supervisors of Unity Township and the
Unity Township Code administrators may not serve as members of the
Appeals Board.
[3]
Members may include qualified persons who reside
outside of Unity Township if the Board of Supervisors cannot find
sufficient qualified applicants who do reside in the Township.
(b)
Alternate members. The Board of Supervisors may
appoint up to two alternate members who shall serve when called by
the Chair of the Board of Appeals to hear matters during the absence
or disqualification of a member. Alternate members shall possess the
qualifications required for Board membership and shall be appointed
for terms of five years or until a successor has been named.
(c)
Chairman. The Board of Appeals shall annually
select one member to serve as Chairman.
(d)
Disqualification. A member shall not hear an
appeal in which that member has any personal, professional or financial
interest.
(e)
Secretary. The Board of Supervisors shall provide
clerical assistance and services for the Board of Appeals and that
secretary shall file a detailed record of all proceedings in the office
of the Chairman of the Board of Supervisors of Unity Township.
(f)
Compensation. Compensation of members of the
Board of Appeals shall be as determined by law and as shall be set
from time to time by resolution of the Board of Supervisors.
(g)
Solicitor. The Township shall appoint or designate
legal counsel to serve for the benefit of the Board of Appeals. The
attorney so appointed shall not be affiliated with the Solicitor for
the Township.
(3)
Notice of meeting. The Board of Appeals shall meet
upon notice from the Chairman within 30 days of the filing of an appeal
or at stated periodic meetings.
(4)
Open hearing. All hearings before the Board of Appeals
shall be open to the public. The appellant, the appellant's representative,
the Township Building Code Officer and any person whose interests
are affected shall be given an opportunity to be heard.
(5)
Procedure. The Board of Appeals shall adopt and make
available to the public procedures under which hearings will be conducted.
These procedures shall not require compliance with the strict rules
of evidence but shall mandate that only relevant information be received.
(6)
Postponement. When five members are not present to
hear an appeal, the appellant or the appellant's representative
shall have the right to request a postponement of the hearing.
(7)
Board decision. The Board of Appeals shall modify
or reverse the decision of a building code official only upon a concurring
vote of three members.
(8)
Court review. Any person, whether or not a previous
party to the appeal, shall have the right to apply to the Court of
Common Pleas of Westmoreland County, Pennsylvania, for a writ of certiorari
to correct errors of law. Application for review shall be made within
30 days following the filing of the decision in the office of the
Chairman of the Board of Supervisors of Unity Township and shall follow
generally those procedures required for appeals under the Pennsylvania
Municipalities Planning Code.
Fees assessable by Unity Township for the administration and
enforcement undertaken pursuant to this chapter and the Code shall
be established by the governing body by resolution from time to time.
Any person violating any of the provisions of this chapter shall
be guilty of a summary offense and shall be subject to a penalty of
not more than $1,000, recoverable with cost of prosecution before
a District Justice, and, in the event that such penalty and costs
are not paid, shall be subject to imprisonment in the Westmoreland
County Jail for a period of not more than 30 days. Each such person
shall be deemed guilty of a separate offense for every day during
any portion of which any violation of any provisions of this chapter
is committed, continued or permitted by such person and shall be punishable
therefor as provided by this chapter.