[HISTORY: Adopted by the Board of Supervisors of the Township of
Middle Smithfield 10-14-2003 by Ord. No. 125.
Amendments noted where applicable.]
This chapter shall be known as and may be cited as the “Middle
Smithfield Township Building Code Ordinance,” Ordinance No. 125.
The 2003 Editions of the International Building Code, International
Residential Code, including Appendix F (Radon) and Appendix G (Swimming Pools,
Spas and Hot Tubs), International Fire Code, International Plumbing Code,
International Mechanical Code, International Fuel Gas Code, and International
Code Council Electric Code are hereby adopted and enacted as the building
and construction codes of the Township for regulating the design, construction,
quality of materials, erection, installation, alteration, repair, location,
relocation, replacement, addition to, use or maintenance of structures and
dwellings in the Township. Two copies of the same are on file in the Township
offices, and the same are adopted and incorporated herein as if set forth
herein at length. From the date upon which this chapter shall take effect,
the provisions thereof shall be controlling in the fabrication, erection,
construction, reconstruction, enlargement, alteration, addition to, repair,
location and use of all buildings and structures, and their appurtenances,
within the corporate limits of the Township. In the event that any revision
of any of the said Codes is hereafter issued by the body or bodies that promulgated
the Codes, such revision or revisions shall be deemed to be automatically
adopted by the Township pursuant to this chapter.
The purpose of this chapter is to provide minimum standards for the
protection of life, limb, health, property, and the environment, and for the
safety and welfare of the consumer, general public, and the owners and occupants
of all buildings and structures regulated by these Codes.
The provisions of the said Codes shall apply to the construction, addition,
prefabrication, alteration, repair, use, occupancy and maintenance of all
structures and dwellings, and their accessory structures. Inspection of construction
governed by the Codes, when warranted by the scope of the work to be performed,
shall be performed by licensed architects, engineers or certified inspectors,
approved by the Township, but whose fees will be paid by the applicant.
A.
General provisions.
(1)
The office of Building Official is hereby created and
the executive official in charge shall be known as the “Building Official.”
(2)
The Building Official shall be appointed by the Board
of Supervisors and shall serve at the pleasure of the Board.
(3)
During temporary absence or disability of the Building
Official, the Board of Supervisors shall designate an acting Building Official.
(4)
The Building Official is hereby authorized and directed
to administer and enforce all of the provisions of this chapter.
B.
Referenced standards. The standards referenced in the
Codes are incorporated herein by reference and shall be considered part of
the requirements of this chapter to the prescribed extent of each such reference.
Where differences occur between provisions of this chapter and referenced
standards, the provisions of this chapter shall apply.
C.
Qualifications of Building Official. The qualifications
for the Building Official shall be established by the Board of Supervisors
by resolution.
D.
Duties of Building Official.
(1)
The Building Official shall be available on a full-time
basis to attend to the duties of this office. The Building Official shall
receive applications required by this chapter, and shall issue permits and
furnish the prescribed certificates. The Building Official shall examine premises
for which permits have been issued and shall make necessary inspections to
see that the provisions of this chapter are complied with and that construction
is safely completed. The Building Official shall enforce all provisions of
the Building Codes.
(2)
The Building Official shall, when requested by proper
authority, or when the public interest so requires, make investigations in
connection with matters referred to in the Building Codes, and shall render
written reports on same.
(3)
The Building Official shall issue such notices or orders
as may be necessary to enforce compliance with the Codes, to remove illegal
or unsafe conditions, to secure the necessary safeguards during construction,
or to require adequate exit facilities in buildings and structures.
(4)
Inspections required under the provision of this chapter
shall be made by the Building Official or a duly appointed assistant. The
Building Official may accept reports of inspectors of recognized inspection
services, after investigation of their qualifications and reliability. No
certificate called for by any provision of this chapter shall be issued on
such reports unless the same are in writing and certified to by a responsible
officer of such service.
(5)
The Building Official shall keep comprehensive records
of applications, permits issued, certificates issued, inspections made, reports
rendered, and notices or orders issued. The official shall retain on file
copies of required plans and all documents relating to building work so long
as any part of the building or structure to which they relate may be in existence.
(6)
All such records shall be open to public inspection during
normal office hours, but shall not be removed from the office of the Building
Official without the Building Official’s written consent.
(7)
The Building Official shall make written reports to the
Board of Supervisors once each month, or more often if requested, including
statements of permits and certificates issued, and orders promulgated.
E.
Cooperation of other officials. The Building Official
may request and shall receive, so far as may be necessary, in the discharge
of the Building Official’s duties, the assistance and cooperation of
other Township officials.
Upon presentation of proper credentials, the Building Official or a
duly authorized representative of the Building Official may enter at reasonable
times any building, structure or premises to perform any duty imposed upon
the Building Official by this chapter.
A.
Unlawful action. It shall be unlawful for any person,
firm or corporation, whether as owner, lessee, sublessee, contractor, subcontractor,
or occupant, to erect, construct, enlarge, alter, repair, improve, remove,
convert, demolish, equip, use, occupy or maintain any building, or its accessory
structures, or cause or permit the same to be done, contrary to or in violation
of the provisions of this chapter.
B.
Violations. It is hereby declared that any violation
of this chapter constitutes a public nuisance and, in addition to any other
remedies provided by this chapter for its enforcement, the Township may bring
civil suit to enjoin the violation of any of the provisions of this chapter.
C.
Penalty. This chapter shall be enforced by action brought
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any
person, firm or corporation who or which violates or permits the violation
of this chapter shall, upon conviction in a summary proceeding, be punishable
by a fine of not more than $1,000 or by imprisonment for a term not exceeding
90 days. Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense. Each section of this chapter
that is violated shall also constitute a separate offense. All fines collected
for the violation hereof shall be paid over to the Township Treasurer.
A.
General. In order to hear and decide appeals of decisions,
determinations, or orders made by the Building Official relative to the application
and interpretation of this chapter, there shall be a Building Code Hearing
Board of Appeals (hereafter Hearing Board) consisting of members who are qualified
by experience and training to pass upon matters pertaining to building construction
and who are not employees of the Township. The jurisdiction of the Hearing
Board will be to hear appeals where it is alleged that the Building Official
failed to correctly interpret the Code, or rules legally adopted thereunder,
or that the provisions of this chapter do not fully apply; or that an equivalent
form of construction is to be used. The Hearing Board shall be appointed by
the Board of Supervisors. The Hearing Board shall adopt rules of procedure
for conducting its business and shall render its decisions and findings in
writing to the appellant with a duplicate copy to the Building Official.
B.
Limitations of authority. The Hearing Board shall have
no authority relative to interpretations of the administrative provisions
of this chapter, nor shall the Hearing Board be empowered to waive requirements
of this chapter.
C.
Board appointment. There is hereby established a board
to be called the “Building Code Hearing Board of Appeals,” consisting
of three members and one alternate member, preferably residents of the Township
who shall be appointed by the Board of Supervisors. One member shall be appointed
for a term of one year, one member for a term of two years, and one member
for a term of three years. The alternate member shall be appointed annually.
Upon the expiration of the term of office of a member of the board, the successor
shall be appointed for a term of three years. Vacancies shall be filled for
an unexpired term in the manner in which the original appointments are required
to be made.
D.
Removal. Any Board member may be removed for malfeasance,
misfeasance or nonfeasance in office or for other just cause by a majority
vote of the Board of Supervisors taken after the member has received 15 days’
advance notice of the intent to take such a vote. A hearing shall be held
in connection with the vote if the member shall request it in writing.
E.
Organization of Hearing Board. The Hearing Board shall
elect from its own membership its officers, who shall serve annual terms as
such and may succeed themselves. For the conduct of any hearing and the taking
of action, a quorum shall be not less than a majority of all the members of
the Board, but where any member is disqualified or unable to act in a particular
matter, the Hearing Board Secretary will designate the alternate to sit in
the place of the member disqualified.
F.
Board procedures. The Hearing Board may make, alter and
rescind rules and forms for its procedure, consistent with ordinances of the
Township and laws of the commonwealth. The Board shall keep full public records
of its business and shall submit a report of its activities to the Board of
Supervisors once a year.
G.
Method of appeal and application to Board. Appeals under
this section must be made in writing, accompanied by a check or money order
payable to the Township in an amount to be fixed by resolution of the Board
of Supervisors to cover all expenses incurred. In the event the appellant
prevails, the fee deposited shall be refunded to the appellant.
H.
Time limitations. All appeals from a decision of the
Building Official must be filed with the Board no later than 30 days from
the date of the decision appealed. A hearing shall be held within 60 days
from the date of the appellant’s request.
I.
Hearings. The Board shall conduct hearings and render
decisions in accordance with the following requirements:
(1)
Notice shall be given to the public by notice published
once each week for two successive weeks in a newspaper of general circulation
in the Township. Such notice shall state the time and place of the hearing
and the nature of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication not less than seven
days before the date of the hearing.
(2)
Notice shall be given to the appellant and the Building Official in writing. The said notice shall contain the same information provided in Subsection I(1) above. The notice to the appellant shall be by certified mail and to the Building Official by regular mail. Both of the said notices shall be postmarked at least 14 days before the date of said hearing.
(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, and any other person, including civic or community organizations,
permitted to appear by the Board. The Board shall have the power to require
that all persons who wish to be considered parties enter appearances in writing
on forms provided by the Board for that purpose.
(4)
The Chairman or acting Chairman of the Board presiding
shall have the power to administer oaths and issue subpoenas to compel the
attendance of witnesses and documents.
(5)
The parties shall have the right to be represented by
counsel and shall be afforded the opportunity to respond and 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 repetitious evidence may be excluded.
(7)
The Board shall keep a stenographic record of the proceedings
and a transcript of the proceedings and copies of graphic or written material
received in evidence shall be made available to any party at cost.
(8)
The Board shall not communicate, directly or indirectly,
with any party or his/her representatives in connection with any issue involved
except upon notice and opportunity for all parties to participate, shall not
take notice of any communications, reports, staff memoranda, or other materials
unless the parties are afforded an opportunity to contest the material so
noticed, and shall not inspect the site or its surroundings after the commencement
of hearings with any party or his/her representative unless all parties are
given an opportunity to be present.
(9)
The Board shall render a written decision on the application
within 45 days after the last hearing before the Board. Each decision shall
be accompanied by findings of fact, and conclusions based on any ordinance,
rule or regulation shall contain a reference to the provision relied on and
shall set forth the reason why the conclusion is deemed appropriate in light
of the facts found. A copy of the final decision and the findings shall be
delivered to the appellant personally or mailed to the appellant not later
than the day following its date.
(10)
To all other persons who have filed their name and address
with the Board not later than the last day of hearing, the Board shall provide
by mail or otherwise brief notice of the decision or findings and a statement
of the place at which the full decision or findings may be examined.
J.
Appeal from decision of the Hearing Board. Any person
or entity aggrieved by a decision of the Hearing Board may, within 30 days
of the issuance of such decision, file an appeal with the Court of Common
Pleas of Monroe County, setting forth the specific basis of such appeal.
A.
Alternate materials, methods and equipment. The provisions
of this chapter are not intended to limit the appropriate use of materials,
appliances, equipment or methods of design or construction not specifically
prescribed by this chapter, provided the Building Official determines that
the proposed alternate materials, appliances, equipment or methods of design
or construction are at least equivalent of that prescribed in this chapter
in suitability, quality, strength, effectiveness, fire resistance, durability,
dimensional stability, safety and sanitation.
B.
Evidence submitted. The Building Official may require
that evidence or proof be submitted to substantiate any claims that may be
made regarding the proposed alternate. In the event that the Building Official
cannot determine to a degree of reasonable certainty that the alternative
materials proposed for a particular use are comparable as set forth in this
action, the Building Official may consult with the Township appointed professional
or other consultants authorized by the Township to review the proposed alternative.
C.
Tests. Determination of equivalence shall be based on
design or test methods or other such standards approved by the Building Official.
The Building Official may accept as supporting data to assist in this determination
duly authenticated reports from the Building Officials and Code Administrators
International, Inc., Southern Building Code Congress International, Inc.,
International Conference of Building Officials, the National Evaluation Service
Committee of the Council of American Building Officials, acceptance documents
from the U.S. Department of Housing and Urban Development or from other approved
authoritative sources for all materials or assemblies proposed for use which
are not specifically provided for by this chapter. The costs of all tests,
reports and investigations required under these provisions shall be paid by
the applicant.
When there are practical difficulties involved in carrying out the provisions
of this chapter, the Building Official may grant modifications for individual
cases. The Building Official shall first find that a special individual reason
makes the strict letter of this chapter impractical and that the modification
is in conformity with the intent and purpose of this chapter and that such
modification does not lessen health, life safety and fire safety requirements.
The details of actions granting modifications shall be recorded and entered
in the files of the Building Official.
A.
Relief from personal responsibility. The Building Official
or the authorized representative of the Building Official shall not render
him/herself personally liable nor shall his/her actions render the Township,
its elected officials, appointed officials, employees or agents liable for
any damage that may accrue to persons or property as a result of any act or
by reason of any act or omission in the discharge of the duties of the Building
Official except as may be provided by applicable state law. Any suit brought
against the Building Official or other Township officials because of such
an act or omission performed in the enforcement of this chapter shall be defended
by the Township.
B.
This chapter shall not relieve or lessen the responsibility
of an owner, operator or controller of a building for any damages to the person
or property caused by defects, nor shall the Building Official or the Township
be held to assume any such liability by reason of inspection or permits authorized
by this chapter.
A.
Unlawful to build without permit. It shall be unlawful
to construct, add to, alter, remove or demolish, or to commence the construction,
addition, alteration, removal or demolition of a building or structure, other
than ordinary repairs as defined herein, without first filing with the Building
Official an application in writing and obtaining a formal permit.
B.
Permit required. A permit shall be obtained before beginning
construction, alteration or repairs, other than ordinary repairs, using application
forms furnished by the Building Official. Ordinary repairs are nonstructural
repairs and do not include addition to, alteration of, or replacement or relocation
of water supply, sewer, drainage, drain leader, gas, soil, waste, vent or
similar piping, electrical wiring, or mechanical or other work for which a
permit is required by the Building Official.
C.
Permit fees. All fees payable under this chapter shall
be set by the Board of Supervisors and may be revised from time to time by
resolution.
D.
Expiration. Every permit issued by the Building Official
under the provision of this chapter shall expire by limitation and become
null and void if the building or work authorized by such permit is not commenced
within six months from the issue date of the permit, or if the building or
work authorized by such permit is suspended or abandoned for a period of six
months or after the work has commenced. Before such work can be commenced
or resumed, a permit extension or renewal shall be obtained.
E.
Permit extension. A permittee holding an unexpired permit
may apply for a one-time six-month extension, provided the permittee can show
good and satisfactory reason(s) beyond the permittee’s control that
the work cannot be commenced within the six-month period from the original
date of issue of the permit. No additional fee is required for this one-time
extension.
F.
Permit renewal. A permit which has expired for six months
or less may be renewed, provided no changes have been made in the original
plans and specifications for such work. The renewal fee shall be one-half
the amount required for a new permit. Permits which have been expired for
greater than six months require a new application and payment of the full
permit fee.
G.
Permit validity. The issuance of a permit shall not authorize
the violation of any of the provisions of this chapter.
A.
Plans required. All applications shall be accompanied
by two sets of plans drawn to scale and shall be of sufficient clarity to
indicate the nature and extent of the work proposed and shall show in detail
that it will conform to the provisions of this chapter and all relevant laws,
ordinances, rules and regulations. One copy shall be retained by the Township
and one approved copy shall be returned to the applicant.
B.
Waiver of plans. The Building Official is authorized
to waive the submission of professionally prepared documents if it is found
that the nature of the work applied for is such that a reviewing of construction
documents is not necessary to obtain compliance with this Code.
C.
Plans of job required. A copy of the approved plans shall
be kept on the site of the building or work at the time of all inspections
until a certificate of occupancy has been issued.
A.
Types of inspections. For on-site construction, from
time to time the Building Official, upon notification from the permit holder
or his/her agent, shall make or cause to be made any necessary inspections,
and shall either approve that portion of the construction as completed or
shall notify the permit holder or his/her agent wherein the same fails to
comply with this chapter.
B.
Foundation inspection. A foundation inspection shall
be made after piers are set or trenches or basement areas are excavated and
forms erected and required reinforcing steel is in place and prior to placing
of concrete. The footing inspection shall include excavations for thickened
slabs intended for the support of bearing walls, partitions, structural supports,
or equipment, and for special requirements for pre-cast concrete or prefab
wood foundation.
C.
Backfill inspection. A backfill inspection shall be made
after foundation walls are completed:
(1)
Poured concrete walls shall have forms stripped and concrete
block walls shall have cement plastering completed.
(2)
Damp-proofing and/or waterproofing shall be completed
to finish grade.
(3)
Perimeter drains to be installed (drains to run to sump
pump hole if applicable).
(4)
Foundation walls to have proper masonry lintels installed
over openings on load-bearing walls.
(5)
Anchor bolts or straps shall be installed.
D.
Concrete floor inspections. Concrete floor inspections
shall be made prior to pouring the concrete floor.
[Amended 12-9-2003 by Ord. No. 126]
E.
Framing inspection. Framing inspection shall be made
after the floor, walls and roof-framing systems are completed with all fire-stopping,
draft-stopping, headers, beams, sheathing, and bracing in place, and after
the plumbing and electrical rough inspections are approved.
F.
Rough plumbing inspection. Rough plumbing inspection
shall be made when all water lines, waste lines, and vent lines are installed
in all walls, floors and ceilings that will be concealed during completion
of construction.
G.
Rough electrical inspection.
[Amended 12-9-2003 by Ord. No. 126]
(1)
The rough electrical inspection must be performed prior
to installation of the insulation, and evidence of this inspection must be
posted at the construction site.
H.
Insulation inspection.
(1)
Insulation inspection shall be performed after all walls,
ceilings and floors that will be concealed during construction and which require
insulation are completely insulated.
(2)
All insulation inspections will be performed in accordance
with state mandated Act 45. A copy of said Act is available at the Township
Building upon request.
L.
Certificates of occupancy will not be issued until all
Township fees have been paid.
M.
Model house inspections. A temporary structure used as
a model home associated with a lawful commercial use and not for permanent
occupancy and used solely for demonstration purposes to inform purchasers
of the types of homes available from the seller, including manufactured and
stick-built homes.
(1)
Model homes shall comply with the Township Building regulations
and current Codes as amended.
(2)
Model homes may include all stick-built homes, and all
manufactured houses which can meet these requirements.
(3)
Model homes shall not be served by any water supply or
sewage disposal facilities.
(4)
Model homes may not be placed on permanent foundations.
(5)
Prior to occupancy, a model home must comply with this
chapter.
A.
General. A certificate of approval by an approved agency
shall be furnished with every prefabricated assembly, except where all elements
of the assembly are readily accessible to inspection at the site. Placement
of prefabricated assemblies at the building site shall be inspected by the
Building Official to determine compliance with this chapter, and a final inspection
shall be completed as required under this chapter.
B.
Provisions for foundation systems and building service
equipment connection necessary to provide for the installation of new manufactured
homes and existing manufactured homes to which additions, alterations or repairs
are made are contained in Appendix E of the 2003 International Residential
Code.
Provisions for swimming pools, spas and hot tubs are contained in Appendix
G of the 2003 International Residential Code, which is hereby specifically
adopted and enacted.
The permit holder or his/her agent shall post the inspection record
card on the job site in an accessible and conspicuous place to allow the Building
Official to make the required entries. The record shall be maintained by the
permit holder until the final inspection has been made and approved. The Building
Official shall place the appropriate approval or disapproval sticker on the
inspection card in the space marked for that inspection.
A.
Continuations of existing use. Buildings and structures
in existence at the time of the adoption of this chapter shall have their
existing use continued if such use was legal at the time of adoption of this
chapter, provided such continued use is not dangerous to life.
B.
Additions, alterations or repairs. Additions, alterations or repairs to any structure shall conform to that required of a new structure without requiring the existing structure to comply with all of the requirements of this chapter, unless otherwise stated. Additions, alterations or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building. Any building, or structure plus new additions shall not exceed the height in stories specified for new buildings in Chapter 200, Zoning.
C.
Structural and fire-resistance-rated limits. Alterations
or repairs to an existing structure which are structural or adversely affect
any structural member or any part of the structure having a required fire-resistance
rating shall be made with materials required for a new structure.
Upon notice from the Building Official, work on any building, structure,
electrical, gas, mechanical or plumbing system that is being done contrary
to the provisions of this chapter shall immediately cease. Such notice shall
be in writing and shall be given to the owner of the property, or to his/her
agent, or to the person doing the work, and shall state the specific violations
and the conditions under which work may be resumed. Where an emergency exists,
the Building Official shall not be required to give a written notice prior
to stopping the work.
The Township elects to administer and enforce the Pennsylvania Energy
Conservation Act, as defined in Act 45, and the Energy Conservation Code.
Prior to the effective date of this chapter, the Board of Supervisors
shall, by resolution, adopt a policy providing for a transition period within
which the requirements hereunder may be waived, provided proof satisfactory
to the Township is submitted that a binding contract for construction was
entered into within 90 days prior to the effective date hereunder.
This chapter shall take effect on January 1, 2004.
Any ordinance, to the extent that it is inconsistent with the terms
of this chapter, is hereby repealed. All relevant ordinances, regulations
and policies of the Township not governed by this chapter shall remain in
full force and effect.
