Township of Upper Frederick, PA Article III International Building Code

[Adopted 6-10-2004 by Ord. No. 04-04]

§ 112-13 Adoption of International Building Code, 2003 Edition.

A certain document, a copy of which is on file in the office of the Township Secretary of Upper Frederick Township, being marked and designated as, the International Building Code, 2003 Edition, as published by the International Code Council, subject to the revisions below in § 112-14, and including Appendices E, F, G and H, be and is hereby adopted as the Building Code of Upper Frederick Township, in Montgomery County, Pennsylvania, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Building Code are hereby referred to, adopted and made a part hereof as if fully set out in this article, with all additions, insertions, deletions and changes, if any, prescribed in § 112-14 of this article.

§ 112-14 Additions, insertions and changes.

The International Building Code, as referenced in this article, shall be revised as follows:

A. The following subsections and/or words in the Code are hereby revised to substitute the following words for the original words contained in the ordinance [original language is contained in brackets]:

(1) Section 101.1. Substitute "Upper Frederick Township" for [Name of Jurisdiction].

(2) Section 101.4.4. Substitute "25 Pa. Code Chapter 73" for [International Private Sewage Disposal Codes].

(3) Section 3410.2. Substitute "the effective date of the first Building Code Ordinance" for [Date to be Inserted by the Jurisdiction].

(4) Substitute in all sections of the code "Code Enforcement Officer" for [The Building Official].

(5) Substitute in all sections of the code "The Board of Supervisors" for [The Governing Body].

B. The title of § 103 is deleted in its entirety. A new title is hereby enacted to read as follows: "Code Enforcement Officer and Deputies."

C. Section 103.1 is deleted in its entirety. A new § 103.1 is hereby enacted to read as follows:

"103.1 Creation of the Office of the Code Enforcement Officer. The office of the Code Enforcement Officer is hereby created."

D. Section 103.2 is deleted in its entirety. A new § 103.2 is hereby enacted to read as follows:

"103.2. Appointment. The Code Enforcement Officer shall be appointed by the Board of Supervisors, and shall serve at the pleasure of the Board of Supervisors."

E. The title of Section 104.7 is deleted in its entirety. A new title is hereby enacted to read as follows:

"Section 104.7 Code Enforcement Officer's Records."

F. Section 105.2.

(1) Section 105.2 is hereby amended by deleting in its entirety Subsection 2 under the listing "Building" which read:

"Retaining walls which are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or III-A liquids.

(2) Section 105.2 is further amended by deleting in its entirety Subsection 6 under the listing "Building" and replacing it as follows:

"Sidewalks and driveways not more than 17 inches above grade and not over any basement or story below and which are not part of an accessible route."

G. Section 112.1 is hereby deleted in its entirety. A new § 112.1 is hereby enacted to read as follows:

"112.1 Appeals. Any person or persons shall have the right to appeal a decision of the Code Enforcement Officer to the Appeals Board in accordance with §§ 403.121 and 403.122 of the Uniform Construction Code, as amended as adopted by this Township. An application for an appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or an equally good or better form of construction is proposed.

"All such appeals shall be filed on a form obtained from the Code Enforcement Officer within 30 days after the notice of a decision was issued. The Appeals Board shall have exclusive jurisdiction over such appeals, and failure to appeal the decision of the Code Enforcement Officer to the Appeals Board renders the decision of the Code Enforcement Officer unappealable."

H. Section 113.4 is hereby revised to add the following sentence at the end of the section:

"Any person or persons who violate a provision of the Code, or of a permit or certificate issued under the provisions of this Code, shall be guilty of a summary offense, punishable by a fine of not less than $100, but not more than $1,000, plus costs and, in default of payment of said fine and costs, to a term of imprisonment not exceeding 30 days. Each day that a violation continues shall constitute a separate offense."

I. Subsection 114.3 is hereby revised by deleting the last clause which states, "shall be subject to penalties as prescribed by law," and substituting in its place, "shall be subject to penalties for violations pursuant to § 113.4."

J. Section 202 is hereby revised to include the following additional definition:

"Occupied: As applied to a building, or portion thereof, shall be construed as though followed by the words, 'or intended, arranged or designed to be occupied, or having a certificate of use and occupancy'."

K. Section 1612.3 - Insert "Upper Frederick Township" for [Name of Jurisdiction], and "December 19, 1996" for [Date of Issuance].

§ 112-15 Automatic adoption.

By December 31 of the year of the issuance of a new triennial ICC International Building Code, or it successor building code, the new International Building Code, or its successor building code, shall be automatically adopted as the Township of Upper Frederick Building Code, including appendices as determined by the Pennsylvania Department of Labor and Industry.