Township of Marshall, PA: Pennsylvania Construction Code Act; election to administer and enforce.

§ 52-1 Pennsylvania Construction Code Act; election to administer and enforce.

Election. Pursuant to § 501 of the Pennsylvania Construction Code Act, 35 P.S. § 7210.501, as amended, the Township hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, 35 P.S. § 7210.101, as amended.

Methods for administration and enforcement. The Township shall administer and enforce the Pennsylvania Construction Code Act under one or more of the methods established in § 501(b) of the Pennsylvania Construction Code Act, 35 P.S. § 7210.501(b), as amended, as determined from time to time by resolution of the Township Board of Supervisors; provided, that any Township administration and enforcement of the Pennsylvania Construction Code Act through an agreement with one or more municipalities or the Pennsylvania Department of Labor and Industry, shall be subject to the requirements of the Intergovernmental Cooperation Act, 53 Pa. C.S.A. § 2301 et seq., as amended.

§ 52-2 Uniform Construction Code; adoption.

[Amended 7-12-2010 by Ord. No. 401]

Adoption of Uniform Construction Code. For the purposes described in § 102 of the Pennsylvania Construction Code Act, 35 P.S. § 7210.102, as amended, and this Chapter, the Township hereby adopts the Uniform Construction Code, 34 Pa. Code, Article XIV, as amended, and the standardized codes adopted thereunder as promulgated by the Pennsylvania Department of Labor and Industry, as the official Construction Code of Marshall Township for regulating and governing the construction, alteration, repair, movement, equipment, removal, demolition, location, maintenance, occupancy or change of occupancy of every building or structure; and each and all of the regulations, provisions, penalties, conditions and terms of said Uniform Construction Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this Chapter, with any additions, insertions, deletions and changes, if any, prescribed in this Chapter.

Existing Township building codes. Pursuant to § 303(b)(1) of the Pennsylvania Construction Code Act, 35 P.S. § 7210.303(b)(1), as amended, Township building code ordinances including, but not limited to, the Township ordinances listed below, which were originally adopted prior to July 1, 1999, or reenactments of provisions of simultaneously repealed ordinances which were originally adopted prior to July 1, 1999, which contain provisions which equal or exceed the specific requirements of the regulations promulgated under the Pennsylvania Construction Code Act shall remain in effect until such time as any such provisions fail to equal or exceed the minimum requirements of the regulations promulgated under the Pennsylvania Construction Code Act.

(1)

Ordinance No. 253, enacted December 13, 1993, which adopted the 1993 edition of the BOCA National Building Code, with certain modifications and revisions thereto.

(2)

Ordinance No. 254, enacted on December 13, 1993, which adopted the 1990 edition of the CABO One-and Two-Family Dwelling Code, with certain modifications and revisions thereto.

(3)

Ordinance No. 274 enacted on October 11, 1995, which adopted the 1993 edition of the BOCA National Fire Prevention Code, with certain modifications and revisions thereto.

(4)

Ordinance No. 281, enacted on March 6, 1996, which amended Ordinance No. 253 to modify the 1993 edition of the BOCA National Building Code related to fire equipment, fire substation storage areas and smoke proof exit ways.

(5)

Ordinance No. 293, enacted on May 6, 1997, which amended Chapter 52 of the Marshall Township Code of Ordinances, Building Construction, and Chapter 79 of the Marshall Township Code of Ordinances, Fire Prevention, to adopt the 1996 edition of the BOCA National Building Code, 1995 edition of the CABO One-and Two-Family Dwelling Code and the 1996 edition of the BOCA National Fire Prevention Code, with certain modifications and revisions thereto.

Modifications to Uniform Construction Code. The following sections and subsections of the Uniform Construction Code are hereby added, inserted, deleted, restated or changed as set forth below.

(1)

Section 403.1(b)(3): § 401.1(b)(3), which excludes and exempts certain accessory structures from application of the Uniform Construction Code, is restated, as follows:

(3)	The following structures are exempted and excluded from application of the Uniform Construction Code if the structure has a building area less than 250 square feet and is accessory to a detached one-family dwelling.
	(i)	Carports.
	(ii)	Detached private garages.
	(iii)	Greenhouses.
	(iv)	Sheds.

§ 52-3 Uniform Construction Code; modification.

[Amended 7-12-2010 by Ord. No. 401]

The following sections and subsections of the above-referenced Uniform Construction Code and standardized codes adopted thereunder are hereby added, inserted, deleted, restated or changed as set forth below.

International Building Code.

(1)

Section 1612.3: § 1612.3 is amended by inserting "Marshall Township" in the first space provided, and by inserting "October 4, 1995, as amended or revised" in the second space provided.

International Energy Conservation Code.

(1)

Section 101.1: § 101.1 is amended by inserting "Commonwealth of Pennsylvania" in the space provided.

(2)

Section 108.4: § 108.4 is restated in its entirety as follows:

108.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for violation penalties pursuant to § 52-6 of the Marshall Township Code of Ordinances (Violations and Penalties).

(3)

Section 109: § 109 is restated in its entirety as follows: "See Section 52-5 of the Marshall Township Code of Ordinances (Board of Appeals)."

International Existing Building Code.

(1)

Section 101.1: § 101.1 is amended by inserting "Commonwealth of Pennsylvania" in the space provided.

(2)

Section 112: § 112 is restated in its entirety as follows: "See Section 52-5 of the Marshall Township Code of Ordinances (Board of Appeals)."

International Fire Code.

(1)

Section 101.1: § 101.1 is amended by inserting "Commonwealth of Pennsylvania" in the space provided.

(2)

Section 108: § 108 is restated in its entirety to include the following reference: "See Section 52-5 of the Marshall Township Code of Ordinances (Board of Appeals)."

(3)

Section 109.3: § 109.3 is restated in its entirety as follows:

109.3 Violation penalties. See Section 52-6 of the Marshall Township Code of Ordinances (Violations and Penalties).

(4)

Section 111.4: § 111.4 is restated in its entirety as follows:

111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for violation penalties pursuant to Section 52-6 of the Marshall Township Code of Ordinances (Violations and Penalties).

(5)

Section 3404.2.9.6.1: § 3404.2.9.6.1 is amended by inserting the following text in the space provided: "Storage limits shall be in accordance with NFPA 30, Flammable and Combustible Liquids Code, as revised."

(6)

Section 3406.2.4.4: § 3406.2.4.4 is amended by inserting the following text in the space provided: "Storage limits shall be in accordance with NFPA 30, Flammable and Combustible Liquids Code, as revised."

(7)

Section 3506.2: § 3506.2 is amended by inserting the following text as the last sentence: "Storage limits shall be in accordance with NFPA 55, Standard for Storage, Use and Handling of Compressed Gasses and Cryogenic Fluids in Portable and Stationary Containers, Cylinders and Tanks, as revised."

(8)

Section 3804.2: § 3804.2 is amended by inserting the following text in the space provided: "Storage limits shall be in accordance with NFPA 59A, Standard for the Production, Storage, and Handling of Liquefied Natural Gas (LNG) (US Standards), as revised."

International Fuel Gas Code.

(1)

Section 101.1: § 101.1 is amended by inserting "Commonwealth of Pennsylvania" in the space provided.

(2)

Section 106.6.2: § 106.6.2 is restated as follows:

106.5.2 Fee Schedule. Fees for applications, permits and inspections referenced in this code shall be established, from time to time, by resolution of the Township Board of Supervisors.

(3)

Section 106.6.3: § 106.6.3 is deleted in its entirety.

(4)

Section 108.4: § 108.4 is restated in its entirety as follows:

108.4 Violation penalties. See Section 52-6 of the Marshall Township Code of Ordinances (Violations and Penalties).

(5)

Section 108.5: § 108.5 amended to restate the last sentence as follows: "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for violation penalties pursuant to Section 52-6 of the Marshall Township Code of Ordinances (Violations and Penalties)."

(6)

Section 109: § 109 is restated in its entirety to include the following reference: "See Section 52-5 of the Marshall Township Code of Ordinances (Board of Appeals)."

International Mechanical Code.

(1)

Section 101.1: § 101.1 is amended by inserting "Commonwealth of Pennsylvania" in the space provided.

(2)

Section 106.5.2: § 106.5.2 is restated as follows:

106.5.2 Fee Schedule. Fees for applications, permits and inspections referenced in this code shall be established, from time to time, by resolution of the Township Board of Supervisors.

(3)

Section 106.5.3: § 106.5.3 is deleted in its entirety.

(4)

Section 108.4: § 108.4 is restated in its entirety as follows:

108.4 Violation penalties. See Section 52-6 of the Marshall Township Code of Ordinances (Violations and Penalties).

(5)

Section 108.5: § 108.5 is amended by restating the last sentence as follows: "Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for violation penalties pursuant to Section 52-6 of the Marshall Township Code of Ordinances (Violations and Penalties)."

(6)

Section 109: § 109 is restated in its entirety to include the following reference: "See Section 52-5 of the Marshall Township Code of Ordinances (Board of Appeals)."

International Plumbing Code (subject to the restrictions of § 501(a.1) of the Pennsylvania Construction Code Act, 35 P.S. § 7210.501(a.1), as amended).

(1)

Section 101.1: § 101.1 is amended by inserting "Commonwealth of Pennsylvania" in the space provided.

(2)

Section 106.6.2: § 106.6.2 is restated as follows:

106.6.2 Fee Schedule. Fees for applications, permits and inspections referenced in this code shall be established, from time to time, by resolution of the Township Board of Supervisors.

(3)

Section 106.6.3: § 106.6.3 is deleted in its entirety.

(4)

Section 108.4: § 108.4 is restated in its entirety as follows:

108.4 Violation penalties. See Section 52-6 of the Marshall Township Code of Ordinances (Violations and Penalties).

(5)

(6)

Section 109: § 109 is restated in its entirety to include the following reference: "See Section 52-5 of the Marshall Township Code of Ordinances (Board of Appeals)."

(7)

Section 305.6.1: § 305.6.1 is amended by inserting "36 inches" in the spaces provided.

(8)

Section 904.1: § 904.1 is amended by inserting "12 inches" in the space provided.

International Residential Code.

(1)

Section R101.1: § R101.1 is amended by inserting "Commonwealth of Pennsylvania" in the space provided.

(2)

Section R108.5: § 108.5 is deleted in its entirety.

(3)

Section R112: § R112 is restated in its entirety to include the following reference: "See Section 52-5 of the Marshall Township Code of Ordinances, Board of Appeals."

(4)

Table R301.2(1): Table R301.2(1), Climatic and Geographic Design Criteria, is amended by inserting the following information in the spaces provided:

(a)

Ground Snow Load: "25 inches."

(b)

Wind Design:

[1]

Speed: "90 mph."

[2]

Topographic Effects: "No."

(c)

Seismic Design Category: "A."

(d)

Subject to Damage From:

[1]

Weathering: "Severe."

[2]

Frost Line Depth: "36 inches."

[3]

Termite: "Moderate to Heavy."

(e)

Winter Design Temperature: "5° F."

(f)

Ice Barrier Underlayment Required: "Yes."

(g)

Flood Hazards:

[1]

"November 4, 1981 (Ordinance No. 143)."

[2]

"October 4, 1995, as amended or revised."

[3]

"Community-Panel Numbers 421080 0017, 0019, 0036, 0037, 0038, 0039, 0160, 0176, 0177."

(h)

Air Freezing Index: "1500."

(i)

Mean Annual Temperature: "50.5° F."

(5)

Section P2603.6.1: § P2603.6.1 is amended by inserting "36 inches" in the spaces provided.

International Wildland-Urban Interface Code.

(1)

Section 101.1: § 101.1 is amended by inserting "Commonwealth of Pennsylvania" in the space provided.

(2)

Section 103: § 103 is restated in its entirety to include the following reference: "See Section 52-4 of the Marshall Township Code of Ordinances (Township Building Code Official)."

(3)

Section 106: § 106 is restated in its entirety to include the following reference: "See Section 52-5 of Marshall Township Code of Ordinances (Board of Appeals)."

(4)

Section 109.4.7: § 109.4.7 is restated in its entirety as follows:

109.4.7 Violation penalties. See Section 52-6 of the Marshall Township Code of Ordinances (Violations and Penalties).

(5)

Section 114.4: § 1114.4 is restated in its entirety as follows:

1114.4 Failure to comply. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for violation penalties pursuant to Section 52-6 of the Marshall Township Code of Ordinances (Violations and Penalties).

§ 52-4 Township building code official.

The Pennsylvania Construction Code Act, 35 P.S. § 7210.101 et seq., as amended, and the Uniform Construction Code, 34 Pa. Code, Article XIV, as amended, shall govern the building code official employed and/or retained by the Township to administer and enforce the Pennsylvania Construction Code Act and the Uniform Construction Code (the "Township building code official"), and shall be further supplemented as follows:

Delegation of duties. The Township building code official shall not, without the prior approval of the Township Board of Supervisors or its designee:

(1)

Appoint, retain or otherwise employ a deputy building official, related technical officers, inspectors, plan examiners or other employees; or,

(2)

Delegate his/her duties to a construction code official or current code administrator.

Records. The Township building code official shall keep official records of applications received, permits and certifications issued, fees collected, reports of inspections, and notices, modifications and orders issued. Such records shall be maintained as official records of the Township and shall only be disposed of in accordance with applicable law.

§ 52-5 Board of Appeals.

[Amended 3-4-2019 by Ord. No. 465]

The Marshall Township Board of Appeals is hereby established pursuant to Section 7210.501(c) of the Pennsylvania Construction Code Act and Section 403.121 of the Uniform Construction Code, 34 Pa. Code § 403.121, as amended, and in accordance with the procedures set forth in Section 403.122 of the Uniform Construction Code, shall hear and rule on appeals, requests for variances and requests for extensions of time for matters within the Township under the Pennsylvania Construction Code Act, 35 P.S. § 7210.101 et seq., as amended, the Uniform Construction Code, 34 Pa. Code, Article XIV, as amended, and this Chapter pursuant to § 501(c) Pennsylvania Construction Code Act, 35 P.S. § 7210.501(c), as amended.

§ 52-6 Violations and penalties.

General. Any person who violates a provision of the Uniform Construction Code or the codes adopted thereunder, or this Chapter, or who fails to comply with any of the requirements thereof, or who erects, installs, alters, repairs or does work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under provisions of the Uniform Construction Code or the codes adopted thereunder, or this Chapter, shall, be guilty of a summary offense and subject to such penalties and costs as established in § 903 of the Pennsylvania Construction Code Act, 35 P.S. § 7210.903, as amended, including reasonable attorney fees incurred by the Township. A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of the Uniform Construction Code, or the codes adopted thereunder, or this Chapter, found to have been violated. The Township may also commence appropriate actions in equity, at law or otherwise to prevent, restrain, correct, enjoin, or abate violations of the Uniform Construction Code, the codes adopted thereunder, or this Chapter. Any action taken by the Township in the prosecution of a violation of the Uniform Construction Code, the codes adopted thereunder, or this Chapter and any costs incurred by the Township related thereto shall be charged against the real estate upon which the violation exists and shall be a municipal lien upon such real estate.

Stop-work order. Any person who continues any work after having been served with a stop-work order under the Uniform Construction Code, or the codes adopted thereunder, or this Chapter, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a summary offense and subject to such penalties as established in § 903 of the Pennsylvania Construction Code Act, 35 P.S. § 7210.903, as amended. A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of the Uniform Construction Code, or the codes adopted thereunder, or this Chapter, found to have been violated. Any action taken by the Township in the prosecution of a violation of the Uniform Construction Code, the codes adopted thereunder, or this Chapter and any costs incurred by the Township related thereto shall be charged against the real estate upon which the violation exists and shall be a municipal lien upon such real estate.

§ 52-7 Permit hours.

The operation of heavy construction or excavation machinery (including, but not limited to, bulldozers, highlifts, backhoes, trucks, power shovels, pumps and jack hammers and the use of construction equipment such as saws, drills or other types of machinery used outside a structure in conjunction with work requiring a building permit shall be prohibited when it is determined by the Township Building Code Official that the noise is sufficient to disturb the peace and tranquility of the general public. This restriction shall be enforced throughout the entire Township between the hours of 7:00 p.m. to 7:00 a.m., Mondays through Saturday, and all day Sunday and federally designated legal holidays, except in cases of emergencies involving life or property as designated by emergency personnel.