The City of Pottsville 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 City of Pottsville.
Administration and enforcement of the Code within the City of
Pottsville shall be undertaken in any of the following ways as determined
by the governing body of the City of Pottsville from time to time
by resolution:
A. By the designation of an employee of the City of Pottsville to serve
as the City of Pottsville Code Official to act on behalf of the City
of Pottsville;
B. By the retention of one or more construction code officials or third-party
agencies to act on behalf of the City of Pottsville;
C. By agreement with one or more other municipalities for the joint
administration and enforcement of this Act through an intermunicipal agreement;
D. By entering into a contract with another municipality for the administration
and enforcement of this Act on behalf of the City of Pottsville;
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.
A Board of Appeals shall be established by resolution of the
governing body of the City of Pottsville 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.
Fees assessed by the City of Pottsville 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.
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:
A. Sidewalks and driveways that are 30 inches or less above adjacent
grade, not placed over a basement or story below it and not located
in pedestrian passageways.
B. Exterior or interior painting, papering, tiling, carpeting, flooring,
cabinets, countertops and similar finishing work.
C. Retaining walls less than four feet in height, unless the wall supports
a surcharge.
D. Prefabricated swimming pools that are less than 24 inches deep.
E. Swings and other playground equipment accessory to a one- or two-family
dwelling.
F. 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.
G. Replacement of glass in any window or door. However, the replacement
glass shall comply with the minimum requirements of the International
Residential Code.
H. 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.
I. Replacement of existing roof material that does not exceed 25% of
the total roof area performed within any twelve-month period.
J. Replacement of existing siding or installation of siding over existing
exterior wall covering.
K. Repair or replacement of any part of a porch or stop which is not
a structural element.
L. Installation of additional roll, batt or blown-in-insulation.
M. Replacement of exterior rainwater gutters and leaders.
N. Installation or replacement of aluminum or vinyl soffit, fascia or
other exterior trim.
O. Minor electrical work for the following:
(1) Replacement of lamps or the connection of approved portable electrical
equipment to approved permanently installed receptacles.
(2) 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.
(3) Replacement of installed electrically operated equipment such as
doorbells, communication systems and any motor-operated device.
(4) Installation, alteration or rearrangement of communications wiring.
(5) Replacement of dishwashers.
(6) Replacement of range hoods.
P. The following gas work:
(1) Portable heating, cooking or clothes-drying appliances.
(2) Replacement of a minor part that does not alter approval of equipment
or make this equipment unsafe.
(3) A portable fuel cell appliance that is not connected to a fixed piping
system and is not interconnected to a power grid.
Q. The following mechanical work or equipment:
(1) A portable heating appliance.
(2) Portable ventilation appliances.
(4) Steam, hot or chilled water piping within any heating or cooling
equipment governed under the Uniform Construction Code.
(5) Replacement of any minor part that does not alter approval of equipment
or make the equipment unsafe.
(6) Self-contained refrigeration systems containing 10 pounds or less
of refrigerant or that are put into action by motors of one horsepower;
(7) Portable evaporative cooler.
(8) A portable fuel cell appliance that is not connected to a fixed piping
system and is not interconnected to a power grid.
R. The following work:
(1) Replacement of bib valves if replacement hose bib valves are provided
with an approved atmospheric breaker.
(2) Replacement of ball cocks.
(5) Replacement of faucets or working parts of faucets.
(6) Replacement of valves other than shower or combination shower/bath
valves;
(7) Replacement of traps, if not buried.
(8) Replacement of water closet, lavatory or kitchen sink.
(9) Replacement of domestic clothes washers and dishwashers.
S. The following heating, ventilation and air-conditioning work:
(1) Replacement of motors, pumps and fans of the same capacity.
(2) Repair and replacement of heating, supply and return piping and radiation
elements which do not require rearrangement of the piping system.
(4) Repair of air-conditioning equipment and systems.
(5) Repair and replacement of control devices for heating and air-conditioning
equipment.
(6) Replacement of kitchen range hoods.
(7) Replacement of clothes dryers if there is no change in fuel type,
location or electrical requirements.
(8) Replacement of stoves and ovens if there is no change in fuel type,
location or electrical characteristics.
T. An ordinary repair does not require a permit. The following are not
ordinary repairs:
(1) Cutting away a wall, partition or portion of wall.
(2) The removal of cutting of 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.
(5) A permit is not required for the installation, alteration, or repair
of generation, transmission, distribution, metering, or other related
equipment that is by established right, under ownership and control
of a public utility as the term "public utility" is defined in 66
Pa.C.S.A. § 102 (relating to definitions.)
All utility and miscellaneous structures shall be subject to
compliance with the Uniform Construction Code as contained in 34 Pa.
Code, Chapters 401 through 405, as amended from time to time; provided,
however, that the following shall be exempt from such compliance:
A. Buildings or structures of an accessory character and miscellaneous
structures not classified by the Building Officials and Code Administrators
International, Inc. (current edition) in any special use group. This
includes detached carports, detached private garages, greenhouses
and sheds having a building area 120 square feet or less.
All alterations to commercial buildings which do not make structural
changes or changes to means of egress and repairs to commercial 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:
A. Retaining walls, which are not over four feet in height measured
from the lowest level of grade to the top of the wall, unless it is
supporting a surcharge or impounding Class I, II or III-A liquids.
B. Painting, papering, tiling, carpeting, cabinets, countertops and
similar finishing work.
C. Temporary motion picture, television, and theater stage sets and
scenery.
D. Prefabricated swimming pools accessory to a Group R-3 occupancy which
are less than 24 inches deep, do not exceed 5,000 gallons and are
installed entirely aboveground.
E. Shade cloth structures constructed for nursery or agricultural purposes
that do not include service systems.
F. Swings and other playground equipment accessory to one- or two-family
dwellings.
G. 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 of group R-3 as applicable in the International Building Code,
and Group U occupancies.
H. Movable cases, counters and partitions that are not over five feet
nine inches in height.
I. Electrical work for the following:
(1) Minor repair and maintenance work that includes the replacement of
lamps or the connection of approved portable electrical equipment
to approved permanently installed receptacles.
(2) Electrical equipment used for radio and television transmissions.
The provisions of the Uniform Construction Code apply to equipment
and wiring for power supply and the installation of towers and antennas.
(3) The installation of a temporary system for the testing or servicing
of electrical equipment or apparatus.
J. The following gas work:
(1) A portable heating appliance.
(2) Replacement of a minor part that does not alter approval of equipment
or make the equipment unsafe.
K. The following mechanical work or equipment:
(1) A portable heating appliance.
(2) Portable ventilation equipment.
(4) Steam, hot or chilled water piping within any heating or cooling
equipment governed under the Uniform Construction Code.
(5) Replacement of any part that does not alter its approval or make
it unsafe.
(6) A portable evaporative cooler.
(7) A self-contained refrigeration system containing 10 pounds or less
of refrigerant and placed into action by motors that are not more
than one horsepower.
L. The following plumbing repairs:
(1) Stopping leaks in a drain and a water, soil, waste or vent pipe.
The Uniform Construction Code applies if a concealed trap, drainpipe,
water, soil, waste or vent pipe becomes defective and is removed and
replaced with new material.
(2) Clearing stoppages or repairing leaks in pipes, valves or fixtures,
and the removal and installation of water closets, faucets and lavatories
if the valves or pipes are not replaced or rearranged.
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 or cutting of any structural beam or load-bearing support.
(3) The removal or change of any required means of egress, or rearrangement
of parts of a structure affecting the egress requirements.
(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 wiring 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 and control of public service agencies.