This chapter shall be known and may be cited as the "Upper Providence Township Building Code" and/or the Pennsylvania "Uniform Construction Code."
[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Providence 4-19-2004 by Ord. No. 441 (Ch. 60 of the 1990 Code). Amendments noted where applicable.]
In accordance with the Pennsylvania Construction Code Act, Act 45 of 1999, Chapter 5, Section 501(a)(1), the Township of Upper Providence situate in Montgomery County Pennsylvania hereby elects to administer and enforce the Uniform Construction Code as their municipal building code and the International Fuel Gas Code for purposes described in Section 302(A) of said Act 45.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This chapter shall include all relative international codes specifically provided for under said Act 45, Section 304 (see 34 Pa. Code § 403.21), as amended.
Administration and enforcement of the Code within the Township shall be undertaken in any of the following ways as determined by the governing body of the Township from time to time by resolution:
A.
By the designation of an employee of the Township to serve as the municipal code official to act on behalf of the Township.
B.
By the retention of one or more construction code officials or third-party agencies to act on behalf of the 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 the 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.
A.
Administrative: modification of the administrative regulations, Chapters 401 and 403.
(1)
Section 401.2a(a) add: "Fees for building permits shall be in accordance with a schedule adopted by resolution of the Board of Supervisors."
(2)
All building code ordinances or portions of ordinances which were adopted by the 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.
2d. | Pursuant to and in accordance with State Act 92 Section 104(B), the Township will require permits for residential alterations and repairs pursuant to the International Residential Code 2018 Chapter 1 Section 105 or any subsequent edition thereof. [Added 10-4-2004 by Ord. No. 445; amended 11-15-2004 by Ord. No. 446; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)] |
2e. | Pursuant to and in accordance with State Act 92 Section 104(B), the Township will require zoning permits for all utility and miscellaneous use structures. Utility and miscellaneous use structures in excess of 200 square feet will require building permits. [Added 11-15-2004 by Ord. No. 446] |
(3)
All building code ordinances or portions of ordinances which are in effect as of the effective date of this chapter and whose requirements are less than the minimum requirements of the Code are hereby amended to conform with the comparable provisions of the Code.
B.
Technical modifications of the International Building Code 2018.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Section 903: amend 903.2 to read: Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12 and in all group A-1, A-2, A-3, A-4, F-1, and M uses having a fire area exceeding 2500 square feet per floor.
C.
Technical modifications of the International Residential Code 2018.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
The Design Data in Table R301.2(1) shall read as follows: snow load 30 pounds per square foot; wind speed 115 miles per hour, Seismic Design Category C; weathering severe; frost depth 36 inches; termite probability moderate to heavy; decay slight to moderate; winter design temp 10° F.; ice shield yes; air freezing index 1,000; mean annual temp. 52° F.
E.
Technical modifications of the International Fire Code 2018 and successor codes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Section 505, Premises identification, shall be added to read as follows: | |
505.3, Identification of Truss Construction. | |
Except as provided in subparagraph (e) below, the owner of a nonresidential building or structure containing truss construction in any form or manner shall install and maintain a truss emblem to the left of the main entrance and at a height of not less than five feet above grade. The truss emblem required under this section shall be purchased from the Township at a cost determined from time to time by resolution of the Township Board of Supervisors. | |
505.3.1. Purpose. The purpose of this chapter is to install identification emblems on certain properties, buildings or structures containing truss construction for the protection of the health, safety and welfare of emergency responders. | |
505.3.2. Definitions. (A) As used in this chapter, the following terms have the meanings indicated, unless a different meaning clearly appears from the context. | |
(1) | Truss Construction: A combination of members, such as beams, bars and ties, usually arranged in triangular units to form a rigid framework for supporting loads over a span of structural members that connect together to span the space between the walls of the building to support a vertical load. |
(2) | Truss Emblem: A sign consisting of an isosceles triangle not less than 12 inches horizontally by six inches vertically made of reflective material with white as the background and red lettering, containing the following: "F" to signify a building or structure having a floor with truss construction; "R" to signify a building or structure having a roof with truss construction; or "FR" to signify a building or structure having both a floor and roof with truss construction. |
505.3.3. Exemption. Except for nonresidential buildings or structures, the owner of a building or accessory structure within a residential subdivision or residential condominium referred to in subparagraph (b)(2) above shall be exempt from installing and maintaining a truss emblem. The owner of any other single-family dwelling unit or semidetached dwelling containing not more than two dwelling units shall also be exempt from installing and maintaining a truss emblem. | |
505.3.4. Fire Marshal Approval. The owner and/or developer of any building or structure required to have a truss emblem under this section shall submit a plan for such truss emblem as to design and location for the prior review and approval of the Township Fire Marshal or Building Inspector. | |
505.3.5. Retroactive Compliance Required. The provisions of this section shall apply to the owners of existing buildings or structures having truss construction, but such owners shall have one year from the effective date of this section to comply. | |
A Board of Appeals shall be established by resolution of the governing body of this municipality 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, the Board of Appeals shall be established by joint action of the participating municipalities.
[Added 9-15-2025 by Ord. No. 616]
A.
The Board of Appeals shall meet/hear and render decisions on appeals, requests for variances, and requests for extensions of time related to the application and interpretation of the Township of Upper Providence Building Code ("Building Code"), as may be amended from time to time, and the Township of Upper Providence Fire Code ("Fire Code"), as may be amended from time to time.
B.
The composition of the Board of Appeals shall be as follows:
(1)
The members of the Board of Appeals shall be residents of Upper Providence Township qualified by training and experience to pass on matters pertaining to building construction, hazards of fire, explosions, hazardous conditions, or fire protection systems.
(2)
Training and experience of members may consist of licensure as an architect or engineer, experience in the construction industry, and training or experience as an inspector or plan reviewer.
(3)
The members of the Board of Appeals shall hold office at the pleasure of the Township of Upper Providence Board of Supervisors.
(4)
Members of the Board of Supervisors, Township Code administrators, or any other employee of the Township may not serve as a voting member of the Board of Appeals.
(5)
For applications related to the Fire Code, the designated Township fire code official shall serve as an ex officio member of the Board of Appeals but shall not have a vote on any matter before the Board of Appeals.
(6)
The Board of Supervisors may fill a position on the Board of Appeals with a qualified person who resides outside of the Township when it cannot find a person within the municipality who satisfies the requirements of the Building Code and/or Fire Code.
C.
Members of the Board of Appeals may not cast a vote on an application or participate in a meeting or hearing related to an application in which the member has a personal, professional, or financial interest.
D.
An owner or owner's agent may submit an appeal, request for variance, or request for an extension of time by submitting an application to the Township's building code official or fire code official or other person designated by the Board of Supervisors on a form provided by the Township and after paying the required fee as established by the Township Fee Schedule.
F.
The Board of Appeals may consider the following factors when ruling upon a request for an extension of time or a request for variance:
(1)
The reasonableness of the Building Code's application in a particular case.
(2)
The extent to which the granting of a variance or an extension of time will pose a violation of the Building Code or an unsafe condition.
(3)
The availability of professional or technical personnel needed to come into compliance.
(4)
The availability of materials and equipment needed to come into compliance.
(5)
The efforts being made to come into compliance as quickly as possible.
(6)
Compensatory features that will provide an equivalent degree of protection to the Building Code.
H.
The Board of Appeals does not have authority to waive any requirements of the Fire Code.
I.
The postmark date or the date of personal service shall establish the submission date of an application.
J.
The Board of Appeals shall decide an appeal, variance request, or request for extension of time by reviewing documents and written brief or argument submitted to it unless the owner or owner's agent requests a hearing. Any request for a hearing shall be made at the time the application is submitted.
K.
If a hearing is requested, the Board of Appeals shall hold a hearing within 60 days of the date of submission unless the applicant agrees in writing to an extension of time. For an application involving the construction of a one- or two-family residential building, the Board of Appeals shall convene a hearing within 30 days of submission.
L.
If a hearing is requested, the Board of Appeals shall schedule a hearing and notify the owner or owner's agent and the Township building code official or fire code official (as applicable) of the date, time, and place of the hearing. Notification shall be made no later than seven days prior to the hearing date.
M.
Submission of an application to the Board of Appeals automatically suspends an action to enforce an order from the building code official or fire code official (as applicable) to correct until the matter is resolved. An action relating to unsafe buildings, structures or equipment may not be stayed.
N.
The Board of Appeals does not hear appeals relating to accessibility. Those requests are heard by the Pennsylvania Department of Labor and Industry Accessibility Advisory Board.
O.
Hearings shall be conducted pursuant to the following procedures:
(1)
The Board of Appeals shall be held at the call of the Chairman and at such times as the Board of Appeals may determine.
(2)
Hearings shall be conducted by the Board; provided, however, that the Board of Appeals may appoint any member as a hearing officer. Where a hearing officer is appointed, he shall recommend findings and a decision to the Board of Appeals. The final findings and decision shall be made by the Board of Appeals; however, the applicant may, prior to a decision, waive findings and a decision by the Board of Appeals and accept the findings and decision of the hearing officer as final.
(3)
The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board of Appeals, and any other person, including civic or community organizations, permitted to appear by the Board of Appeals. The Board of Appeals shall have the power to require that all persons who wish to be considered parties enter appearances, in writing, on forms provided for that purpose.
(4)
The Chairperson or acting Chairperson or hearing officer may administer oaths and issue subpoenas to compel the attendance of witnesses and production of relevant documents and papers, including witnesses and documents requested by the parties.
(5)
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond, present evidence and argument, and cross-examine adverse witnesses on all relevant issues.
(6)
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitive evidence may be excluded.
(7)
The Board of Appeals or the hearing officer shall keep a record of the proceedings. The cost of the original transcript shall be paid by the Board of Appeals if the transcript is ordered by the Board of Appeals or hearing officer, or shall be paid by the person appealing from the decision of the Board of Appeals if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost.
(8)
All meetings or hearings shall include a period of public comment related to the application(s) then pending before the Board of Appeals.
(9)
The Board of Appeals shall provide a written notice of its findings and decision to the owner or the owner's agent and to the building code or fire code official (as applicable), within five business days of the last hearing if the application involves the construction of a one- or two-family residential building, or within 10 business days for all other applications.
Q.
Any person aggrieved by the decision of the Board of Appeals may within 30 days thereafter appeal to the Court of Common Pleas of Montgomery County, Pennsylvania, in accordance with the provisions of the Pennsylvania Judicial Code.