[HISTORY: Adopted by the Board of Commissioners of the Township of Abington 7-29-2004 by Ord. No. 1916. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 62.
Contractor registration — See Ch. 63.
Fire prevention — See Ch. 85.
Housing standards — See Ch. 98.
Plumbing — See Ch. 121.
Subdivision and land development — See Ch. 146.
Swimming pools — See Ch. 149.
The Township hereby elects to administer 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 Township, and this includes each of the various International Codes incorporated into the code Act.
Administration and enforcement of the code within this Township shall be undertaken in any of the following ways as determined by the governing body of this 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. As of the effective date of this chapter, administration and enforcement of the code shall be undertaken in this manner;
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 this 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 Board of Appeals shall be established by the Board of Commissioners of Abington 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.
A. 
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. The following sections, all of which constitute amendments to national building codes made by the Township prior to July 1, 1999, shall also be considered as continuing in full force and effect:
(1) 
Ordinance 1795, regarding local changes made to the 1996 BOCA National Building Code, establishing procedures for permit issuance, appeals, and related procedures, and duties of the Code Enforcement Officer/Department, and making certain administrative amendments to the BOCA Code.[1]
[1]
Editor's Note: See Ch. 62, Building Construction, Art. I, General Standards.
(2) 
Ordinance 1377, requiring smoke detectors in all structures by a certain date.[2]
[2]
Editor's Note: See Ch; 85, Fire Prevention.
(3) 
Ordinance 1480, regulating electrical contractors doing work in the Township.[3]
[3]
Editor's Note: See Ch. 62, Building Construction, Art. I, General Standards, § 62-2BB.
(4) 
Ordinance 1761, amending CABO for one and two-family dwellings by making the Code Enforcement Officer/Department and the Building Inspector both responsible for enforcement.[4]
[4]
Editor's Note: See Ch. 62, Building Construction, Art. III, CABO One and Two-Family Dwelling Code.
(5) 
Ordinance 1684, adopting fire prevention, making enforcement the duty of the Fire Marshal and Code Enforcement Officer/Department, rather than the Fire Chief.[5]
[5]
Editor's Note: See Ch. 85, Fire Prevention, §§ 85-1, 85-2 and 85-5.
(6) 
Ordinance 1559, adopting the Abington Plumbing Code.[6]
[6]
Editor's Note: See Ch. 121, Plumbing, §§ 121-6E and 121-16I(1).
B. 
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.
C. 
All relevant ordinances, regulations and policies of the Township not governed by the code shall remain in full force and effect.
D. 
The Code Act permits certain sections to be modified. The Township hereby removes the following types of work/construction from the list of exemptions set forth in §§ 403.42 and UCC 403.62 of the Act,[7] and accordingly, a permit will still be required for the following:
(1) 
Commercial.
(a) 
Sidewalks and driveways not more than 30 inches above grade and that are not located over a basement or story below it and which are not part of an accessible route.
(b) 
Window replacement without structural change.
(c) 
Stopping leaks in a drain and a water, soil, waste or vent pipe.
(d) 
The removal and installation of water closets, lavatories and sinks if the valves or pipes are not replaced or rearranged.
(2) 
Residential.
(a) 
Sidewalks and driveways that are 30 inches or less above adjacent grade and not placed over a basement or story below it.
(b) 
Installation and replacement of a window, door, garage door, storm window and door in the same opening if the dimensions or the framing of the original opening are not altered. This installation of means of egress and emergency escape windows may be made in the same opening, without altering the dimensions or framing of the original opening if the required height, width or net clear opening of the previous window or door assembly is not reduced.
(c) 
Replacement of existing roofing material that does not exceed 25% of the total roof area performed within any twelve-month period.
(d) 
Replacement of existing siding.
(e) 
Repair or replacement of any part of a porch or stoop which does not structurally support a roof located above the porch or stoop.
(f) 
Installation of an uncovered deck where the floor of the deck is no more than 30 inches above grade.
(g) 
Replacement of dishwashers.
(h) 
Replacement of kitchen hoods.
(i) 
Replacement of bib valves if the replacement hose valves are provided with an approved atmospheric vacuum breaker.
(j) 
Repair of leaks in a drain and water, soil, waste or vent pipe.
(k) 
Replacement of traps.
(l) 
Replacement of water closet, lavatory or sink.
(m) 
Repair and replacement of heating, supply and return piping and radiation elements which do not require rearrangement of the piping system.
(n) 
Repair and replacement of duct work.
(o) 
Repair and replacement of air-conditioning equipment and systems.
(p) 
Repair and replacement of control devices for heating and air-conditioning equipment.
(q) 
Replacement of kitchen range hoods.
[7]
Editor's Note: These references are to Title 34, Labor and Industry, Part XIV, Uniform Construction Code, Ch. 403, Administration.
Fees assessable by the Township for the administration and enforcement undertaken pursuant to this chapter and the code shall be established by resolution of the Board of Commissioners from time to time.
Nothing in this chapter shall be construed to affect any suit or proceeding pending in any court of law, or any rights acquired or liability incurred, or any permit issued, or any cause or causes of action brought and pending under any other Township ordinance prior to the effective date of this chapter.
In the event that any section, sentence, clause or word of this chapter shall be declared illegal, invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not prevent, preclude or otherwise foreclose enforcement of any of the remaining portions of this chapter.
Ordinance 1913, adopted July 8, 2004, is hereby specifically repealed.
The provisions of this chapter shall be retroactive to July 8, 2004.