[HISTORY: Adopted by the Township Council of Horsham Township 6-9-2004 by Ord. No. 2018. Amendments noted where applicable.]
Brush, grass and weeds — See Ch. 73.
Numbering of buildings — See Ch. 82.
Property maintenance — See Ch. 164.
Sewers — See Ch. 176.
Streets and sidewalks — See Ch. 193.
Subdivision and land development — See Ch. 198.
Water — See Ch. 223.
Zoning — See Ch. 230.
Horsham Township, Montgomery County, Pennsylvania, hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101-7210.1103, as amended from time to time, and its regulations.
The Uniform Construction Code, contained within Title 34 Pa. Code, Chapters 401-405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code for Horsham Township, Montgomery County, Pennsylvania.
Administration and enforcement of the Code within Horsham Township shall be undertaken, as determined by the Horsham Township Council, Montgomery County, Pennsylvania, in accordance with the regulations of the Pennsylvania Construction Code Act.
Creation of Appeals Board. A Building Code Board of Appeals (hereinafter "Appeals Board") is hereby established in conformity with the requirements of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101-7210.1103; Section 501.(c) and Title 34 Pa. Code, Section 403.121. The Appeals Board shall hear and rule on appeals, requests for variances and requests for extensions of time.
Appointment of members. The Appeals Board shall consist of six members appointed by the Council as follows: two members shall be appointed to serve a one-year term; two members shall serve a two-year term; and two members shall serve a three-year term. After the initial appointments, each new member shall serve for three years or until a successor has been appointed.
Qualifications of members. The members of the Appeals Board shall, in the discretion of the Council, be qualified by training and experience to pass on matters pertaining to building construction. Training and experience may consist of licensure as an architect or engineer, experience in the construction industry, or training or experience as an inspector or plan reviewer. No member of the Council nor any code inspector employed by the Township may serve on the Appeals Board. If the Council is unable to find a sufficient number of qualified individuals who reside within the Township, it may appoint a qualified person who resides outside of the Township to fill a position.
Alternate members. Each hearing shall be conducted by three of the members of the Appeals Board, with the other three members serving as alternates. The identity of the three members hearing the appeal shall be determined by agreement of the six members based on the expertise of the members with regard to the nature of the appeal to be heard.
Intergovernmental cooperation. The Council is hereby authorized to enter into an intergovernmental cooperation agreement with Abington Township, Hatboro Borough, Upper Dublin, Lower Moreland, and Upper Moreland to create the aforementioned Appeals Board. The cost of establishing the Appeals Board shall be borne equally by all six municipalities. The cost of advertising, hearing and recording the proceeding shall be borne by the municipality from which the appeal arose. The intergovernmental cooperation agreement shall provide for withdrawal of any member upon 60 days' notice to the other members.
Chairperson and Secretary. The Appeals Board shall annually select one of its members to serve as Chairperson and Secretary. The Secretary shall file a detailed record of all proceedings in the office of the Township Manager for each municipality served by the Appeals Board.
Disqualification of member. A member of the Appeals Board shall not hear an appeal in which that member has any personal, professional or financial interest.
Operation of Board of Appeals. The procedure for conduct of hearing and notices of hearings shall be established by resolution of the Council and shall be consistent with Pennsylvania law and regulations of the Pennsylvania Department of Labor and Industry.
All ordinances and/or resolutions or parts thereof which have previously been adopted by Horsham Township on or before July 1, 1999, and which are equal to or exceed the requirements of the code shall remain in full force and effect until such time as the provisions of these ordinances fail to equal or exceed the minimum requirements of the code, as amended from time to time.
These ordinance provisions, which are hereby saved from repeal, include, but are not limited to:
Ordinance No. 2015, adopted on January 12, 1994, enacting the 1993 BOCA National Building Code; the CABO One- and Two-Family Dwelling Code, 1993 Edition; Ordinance No. 3008, adopted on January 12, 1994, adopting the 1993 BOCA National Plumbing Code; Ordinance Nos. 2016, adopted on January 12, 1994, and 2017, adopted on July 13, 1994; and Ordinance No. 2009, enacted on September 8, 1981, establishing regulations for property maintenance, to the extent the regulations set forth in any of the above-mentioned codes are stricter than the UCC Building Code.
Editor's Note: Copies of the above-enumerated ordinances are on file and available for inspection at the Township offices.
All provisions of Ordinance Nos. 2015, 2016, 2017, 3008, and 2009 and the codes adopted thereunder which equal or exceed the minimum requirements of the code, especially noting the following regulations:
Section 3 of Ordinance No. 3008 which includes regulations prohibiting acrylonitrile butadiene styrene (ABS) plastic pipe.
Section 3 of Ordinance No. 2016 adopting § 407.3 of the 1993 BOCA Building Code which requires a fire-stopping material in all voids and penetrations topped off with fire-rated caulk.
Section 3 of Ordinance No. 2016 adopting § 704.4.1.1 of the 1993 BOCA Building Code which requires 5/8 inch fire-rated drywall between living areas and garages.
Ordinance No. 2009 which establishes the Horsham Township Housing Code (a property maintenance code).
All ordinances and/or resolutions or parts thereof which have previously been adopted by Horsham Township that 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.
All other ordinances, resolutions, regulations and policies of Horsham Township not governed by the code shall remain in full force and effect.
This code may be changed and/or modified by the governing body of Horsham Township in accordance with the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101-7210.1103, Section 503.
A fee schedule assessable by Horsham Township for the administration and enforcement undertaken pursuant to this chapter and the code shall be established by the governing body of Horsham Township by resolution from time to time.
In accordance with Section 403.102(l) of Title 34, Part XIV, Chapter 403, the following regulations set forth in the Pennsylvania Code are amended as set forth below:
Section 403.43(g). Delete the words "five years" and replace with the words "one year."
Section 403.43(h). The permit holder shall keep a copy of the permit on the work site until the completion of the construction or the issuance of a use and occupancy permit, whichever comes later.
Section 403.62(c)(1)(xvii) is deleted in its entirety.
Section 403.64(d). Delete numbers 1 through 4 and replace with the following:
34 Pa Code 403.82 is hereby amended to read as follows: "A building code official shall follow the following procedures if an inspection of an occupied building reveals a violation of the Uniform Construction Code:
"A construction code official shall discuss the inspection results with the permit holder at the completion of the inspection.
"The building code official may issue a written notice of violations to the permit holder. The notice is to contain a description of the violations and an order requiring correction of the violations within a reasonable period determined by the building code official. When a violation relates to an unsafe building, structure or equipment, a building code official shall act in accordance with § 403.84 (relating to unsafe building, structure or equipment).
"After the compliance date contained in the order, the building code official shall inspect the building, structure or equipment to determine whether the violation was corrected. The building code official shall close the order if the violation was corrected. The building code official may issue an order to show cause under § 403.83 (relating to order to show cause/order to vacate) to the owner for a violation that was not corrected."
All other ordinances and/or resolutions or parts thereof which are in conflict with this chapter are hereby repealed.
Nothing in this chapter or in the code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 90-9 of this chapter; nor shall any just or legal right of remedy of any character be lost, impaired or affected by this chapter.