Palmer Township 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
Palmer Township.
Administration and enforcement of the Code within Palmer Township
shall be undertaken in any of the following ways, as determined by
the governing body of Palmer Township from time to time by resolution:
A. By the designation of an employee of Palmer Township
to serve as the municipal code official to act on behalf of Palmer
Township;
B. By the retention of one or more construction code officials
or third-party agencies to act on behalf of Palmer Township;
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 Palmer
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.
The certified inspectors of any inspection agency approved by
the Palmer Township Board of Supervisors to do electrical inspections
are hereby exclusively authorized to make inspections and reinspections
of all electrical installations and work within Palmer Township on
behalf of the Township. In no event, however, will the cost or expense
of any such inspection or reinspection be a charge against the Township
of Palmer. For purposes of liability, the aforesaid approved inspectors
and agencies shall be considered independent contractors. All electrical
inspection agencies shall keep all required Palmer Township licenses
current in order to perform electrical inspections.
It shall be the duty of the Palmer Township approved electrical
inspectors to report violations of the Electrical Code to the Palmer
Township Building Inspector, who may enforce any and all provisions
of the Electrical Code. In addition, the approved electrical inspectors
shall make inspections of any property or electrical project within
the Township upon reasonable notice of a request for such inspection
by the holder of a Palmer Township electrical permit or when deemed
necessary by a Palmer Township code officer in order to protect the
health, safety and/or welfare of any person or property.
Notwithstanding the foregoing, the Supervisors of Palmer Township
may designate by resolution an additional agency or agencies as authorized
electrical inspectors of Palmer Township, and these agencies shall
have the same duties, rights, responsibilities and liabilities as
set forth in the Palmer Township Basic Electrical Code.
The provisions of this ordinance shall not apply to the electrical
installations in mines, ships, railway cars, automotive equipment
or the installation of equipment employed by a railway nor to any
work involved in the manufacture, assembly, tests or repair of electrical
machinery, apparatus, materials and equipment by persons, firms, partnerships
or corporations engaged in the electrical manufacturing as their principal
business. They shall not apply to any building which is owned or leased
in its entirety by the government of the United States or the Commonwealth
of Pennsylvania.
A Board of Appeals shall be established by resolution of the
Board of Supervisors of Palmer 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.
Any person, partnership, corporation, trust or other entity
aggrieved or affected by any provision of this ordinance or the code
or any order issued thereunder may appeal the same to the Board of
Appeals. The Board of Appeals may not act upon appeals, requests for
variance or requests for extension of time relating to accessibility
under Act 45 of 1999.
A. All building code ordinances or portions of ordinances
which were adopted by Palmer Township 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 ordinance 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
Palmer Township not governed by the code shall remain in full force
and effect.
Fees assessable by Palmer Township for the administration and
enforcement undertaken pursuant to this ordinance and the code shall
be established by the Board of Supervisors of Palmer Township by resolution
from time to time.
In addition to all types of construction, placement of structures,
repairs, and alterations for which the Pennsylvania Uniform Construction
Code requires a permit, pursuant to the authorization of Act 92 of
2004, as amended, the Township of Palmer shall require persons to
obtain permits under the Municipal Building Code of Palmer Township
for all of the following:
A. Installation of electric, gas, plumbing or mechanical
serving carports, detached private garages, greenhouses and sheds
having a building area of less than 1,000 square feet. The applicant
shall obtain a building permit only for the purpose of inspection
for the utility or utilities being installed or provided to the accessory
structure.
B. All alterations or repairs to residential buildings
and replacement of residential equipment, which are exempt from the
UCC by Act 92 of 2004; provided, however, that the following types
of alterations and repairs shall continue to be exempt and no permit
will be required:
(1) Repair or replacement of any nonstructural deck
surface.
(2) Replacement of an appliance switch or receptacle
with a switch or receptacle which is the same or has a like rating.
(3) The repair or replacement of any sink, toilet,
tub, shower, or similar fixture and trap without relocation of any
drain or venting device.
(4) The repair or replacement of any nonstructural
member.
(5) The repair or replacement of kitchen cabinets,
flooring, trim or drywall, provided that such drywall is not part
of a fire-resistance-rated assembly.
(6) Replacement of windows when there is no change
in the size of the existing opening.
(7) Reroofing of less than 25% of the total existing
roof square footage.
(8) Installation, alteration or repair of generation,
transmission, distribution, metering or other related equipment under
the ownership and control of public service agencies.
(9) The installation of aluminum or vinyl siding onto
an existing residential or an existing commercial building.
C. Pursuant to Section 403.62(c), zoning permits are
required for the following:
(1) Utility and miscellaneous use structures under
1,000 square feet.
(3) Retaining walls of any height.
(5) The installation of an uncovered deck where the
floor of the deck is no more than 30 inches above grade.
(6) Prefabricated swimming pools that are less than
24 inches deep.