[HISTORY: Adopted by the Borough Council of the Borough of
Summit Hill as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-14-2004 by Ord. No. 3-2004]
The Borough of Summit Hill hereby elects to administer and enforce
the provisions of the Pennsylvania Construction Code Act, Act 45 of
1999, 35 P.S. §§ 7210.101 through 7210.1103, as amended
from time to time, and its regulations.
The Uniform Construction Code, contained in 34 Pa. Code Chapters
401 through 405, as amended from time to time, is hereby adopted and
incorporated herein by reference as the municipal building code of
the Borough of Summit Hill.
The administration and enforcement of the code within the Borough
of Summit Hill shall be undertaken by agreement with one or more other
municipalities for the joint administration and enforcement of this
act through an intermunicipal agreement and the appointment of a qualified
Building Code Official. Said manner of administration and enforcement
of the code within the Borough of Summit Hill may be amended by the
Borough of Summit Hill from time to time as deemed necessary by resolution.
A Board of Appeals shall be established by resolution of the
governing body of the Borough of Summit Hill in conformity with the
requirements of the relevant provisions of the code, as amended from
time to time, and in accordance with any intermunicipal agreement
entered into by the Borough of Summit Hill and such other municipalities
and for the purposes set forth therein. Since enforcement and administration
is being undertaken jointly with other municipalities, said Board
of Appeals shall be established by joint action of the participating
municipalities.
A.
All building code ordinances or portions of ordinances which were
adopted by the Borough of Summit Hill on or before July 1, 1999, and
which equal or exceed the requirements of the Code shall continue
in full force and effect until such time as such provisions fail to
equal or exceed the minimum requirements of the code, as amended from
time to time.
B.
All building code ordinances or portions of ordinances which are
in effect as of the effective date of this article 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 Borough
of Summit Hill not governed by the code shall remain in full force
and effect.
Fees assessable by the Borough of Summit Hill for the administration
and enforcement undertaken pursuant to this article and the code shall
be established by the governing body by resolution from time to time
and in accordance with any intermunicipal agreements.
[Adopted 1-26-2015 by Ord. No. 5-2014]
A.
The adoption of a Pennsylvania Uniform Construction Code and directed
the Department of Labor and Industry (Department) to promulgate regulations
for the Uniform Construction Code. In 2002, the Department adopted
final regulations governing certification and training of persons
to administer the Code. The Department issued final regulations for
administration of the Code on January 10, 2004, which required all
municipalities within the commonwealth to opt out or elect to administer
and enforce the Uniform Construction Code by enacting an ordinance
on or before July 8, 2004.
C.
The Borough of Summit Hill desires to amend the Ordinance 3, Uniform
Construction Code Ordinance, to address "uncertified buildings" as
defined by Act 45 of 1999.
The Borough amends the Ordinance 3, Uniform Construction Code,
by use of the standards of Act 45 of 1999, 35 P.S. § 7210.902,
Subdivision (b), for the issuance of certificates of occupancy to
uncertified buildings by adopting an ordinance of those standards
pursuant to procedures delineated in 35 P.S. § 7210.503:
A.
Uncertified buildings under the Borough of Summit Hill's jurisdiction. Subject to Subsection A(4), all of the following apply to a building subject to the jurisdiction of the Borough of Summit Hill:
(1)
The Borough of Summit Hill shall issue a certificate of occupancy
to an uncertified building if that building meets the requirements
of this subsection, unless the Borough of Summit Hill 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 follows:
[1]
The Summit Hill Uniform Construction Code Board of Appeals as
established by the Borough under Section 403.121(a) of the Act [(35
P.S. § 7210.501(c)] may waive requirements for minimum egress
widths and heights for exits, exit access doors, exit ramps and exit
corridors if the Borough of Summit Hill determines that any nonconforming
openings provide sufficient width and height for building occupants
to pass through or egress the building.
[2]
The Borough of Summit Hill may waive any requirements under
this subsection if:
[a]
The Borough of Summit Hill determines a requirement
to be technically infeasible; or
[3]
A waiver shall be documented on the certificate of occupancy.
(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 after May 19, 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. Waiver shall be as follows:
(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.
(3)
Structural requirements shall not be imposed unless the Borough of
Summit Hill determines that the building or a portion of the building
has defects which are dangerous as defined in the International Existing
Building Code. The Borough of Summit Hill may impose only those requirements
minimally necessary to remove any danger to the building's occupants.
(4)
Variances.
(a)
A building owner may file an application for a variance from
this subsection concerning accessibility and other standards. A building
owner may file an application for a variance from this subsection
concerning other standards.
(b)
This article shall not apply to a state-owned building. The
application must be filed with the industrial board(s) for state-owned
buildings.
(c)
STATE-OWNED BUILDING
As used in this subsection:
A building owned or constructed for commonwealth entities
consisting of the General Assembly, the Unified Judicial System, the
Pennsylvania Higher Education Assistance Agency, an executive agency,
an independent agency, and a state-affiliated entity or state-related
institution, as defined in 62 Pa.C.S.A. § 103 (relating
to definitions).
(5)
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.
(6)
An uncertified building which was built before April 27, 1927, shall
be deemed a certified building for purposes of this act.
B.
Applicability of Uniform Construction Code. Nothing contained in
this article shall be construed as to affect applicability of the
Uniform Construction Code.
All other sections, parts and provisions of the Summit Hill
Borough Uniform Construction Code Ordinance, Ordinance 3, shall remain
in full force and effect as previously enacted and now amended.
In the event that any provision, section, sentence, clause,
or part of this article shall be held invalid, illegal, or unconstitutional
by court of competent jurisdiction shall not affect the remaining
provisions of this article, it being the intent that the remainder
shall be in full force and effect.
This article shall take effect and be in force 35 days after
its enactment by the Summit Hill Borough Council as provided by law.
