Township of Penn, PA Article III Construction Codes, Uniform

[Adopted 5-17-2004 by Ord. No. 790]

§ 63-30 Adoption of building code.

The Township of Penn hereby adopts the Uniform Construction Code (hereinafter referred to as "code"), as designated and defined by the Pennsylvania Construction Code Act (hereinafter referred to as "Act"), as amended and supplemented, and the regulations promulgated by the Department of Labor and Industry thereunder (hereinafter referred to as "regulations"), as amended and supplemented from time to time, as provided in the Act and regulations, as the Township of Penn Building Code. The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401 through 405, as amended from time to time, consists of the following:

A. The provisions of Chapters 2 through 29 and 31 through 35 of the International Building Code 2003 and Appendix E (Supplementary Accessibility Requirements) and Appendix H (Signs) (First Printing). This includes all errata issued by the International Code Council.

B. The ICC Electrical Code - Administrative Provisions 2003 (First Printing). This includes all errata issued by the International Code Council.

C. The International Mechanical Code 2003 (First Printing). This includes all errata issued by the International Code Council.

D. The International Fuel Gas Code 2003, and its Appendices (First Printing). This includes all errata issued by the International Code Council.

E. The International Plumbing Code 2003 and its Appendices, except Appendix A (First Printing). This includes all errata issued by the International Code Council.

F. The International Residential Code 2003 Chapter 43, Referenced Standards and Appendices A, B, C, D, G and L (First Printing). This includes all errata issued by the International Code Council.

G. The International Fire Code 2003, and Appendices B, C, D, B, F, and G (First Printing). This includes all errata issued by the International Code Council.

H. The International Energy Conservation Code 2003 and the Appendix (First Printing). This includes all errata issued by the International Code Council.

I. Sections AE 501 through AE 503 and AE 601 through AE 605 of Appendix E of the "International Residential Code 2003 (First Printing). This includes all errata issued by the International Code Council.

J. The International Existing Building Code for Buildings and Facilities 2003 and the Appendix (First Printing). This includes all errata issued by the International Code Council.

K. The International Urban Wildlife Interface Code 2003 and Appendices A, B, C, D, E, F, G and H (First Printing). This includes all errata issued by the International Code Council.

§ 63-31 Revisions.

The hereinafter sections of the above-referenced codes, which form a part of the Uniform Construction Code, are hereby completed, modified or revised as follows:

A. References to "jurisdiction" shall be the Township of Penn.

B. The International Building Code § 1612.3, insert "October 4, 1995" as date of issuance.

C. The International Building Code § 3409.2, insert "July 1, 2004."

D. The ICC Electrical Code § 404.2, insert "as set forth in a separate resolution adopted by the Board of Commissioners of the Township of Penn."

E. International Mechanical Code § 106.5, insert as set forth in a separate resolution adopted by the Board of Commissioners of the Township of Penn."

F. International Mechanical Code § 106.5.3(2) and 106.5(3)(3), insert "0%."

G. International Mechanical Code § 108.4, insert "summary offense" in the (specific offense) portion and insert "$1,000.00" for the amount of fine and insert "30 days" for the term of imprisonment.

H. International Mechanical Code § 108.5, insert "a fine of not less than $300 or more than $1,000.

I. International Fuel Gas Code § 106.5, insert "as set forth in a separate resolution adopted by the Board of Commissioners of the Township of Penn."

J. International Fuel Gas Code § 106.5.3(2) and 106.53(3), insert 0%.

K. International Fuel Gas Code § 108.4, insert "as set forth in a separate resolution adopted by the Board of Commissioners of the Township of Penn."

L. International Fuel Gas Code § 108.5, insert "not less than $300 or more than $1,000.”

M. International Plumbing Code § 106.6.2, insert "as set forth in a separate resolution adopted by the Board of Commissioners of the Township of Penn."

N. International Plumbing Code § 108.4 insert "summary offense" and $1,000 and 30 days."

O. International Plumbing Code § 106.63(2) and (3), insert: “0%.”

P. International Plumbing Code § 108.5, insert "as set forth in a separate resolution adopted by the Board of Commissioners of the Township of Penn."

Q. International Plumbing Code § 305.6.1, insert "40 inches" in both locations.

R. International Plumbing Code § 904.1, insert "24 inches."

S. International Residential Code Table R301.2(1), insert the following:

(1) GROUND SNOW LOAD: 40 lbs.

(2) WIND SPEED (mph): 90.

(3) SEISMIC DESIGN CATEGORY: D¹.

(4) Weathering: severe.

(5) Frost line depth: 36."

(6) Termite: moderate to heavy.

(7) Decay: slight to moderate.

(8) WINTER DESIGN TEMP: 5º F.

(9) ICE SHIELD UNDERLAYMENT REQUIRED: Yes.

(10) FLOOD HAZARDS: Map dated October 4, 1995.

(11) AIR FREEZING INDEX: 1,000.

(12) MEAN ANNUAL TEMP: 25º F.

T. International Residential Code § P2603.61, insert "40 inches" in both places.

U. International Residential Code § P31031.1, insert "24 inches" in both places.

V. International Fire Code § 109.3, insert "as set forth in a separate resolution adopted by the Board of Commissioners of the Township of Penn."

W. International Fire Code § 111.4, insert "$300" and "$1,000."

X. International Fire Code §§ 3204.3.1.1, 3404.2.9.5.1, 3406.2.4.4 and 3804.2, insert "Any area mapped on the current FEMA Flood Mapping as a flood area (Maps are dated October 4, 1995)."

Y. International Existing Building Code § 1201.2, insert July 1, 2004.

§ 63-32 Administration and enforcement.

A. The Township of Penn hereby elects to administer and enforce the provisions of this Article III, the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. § 7210-101 through § 7210-1.103, as amended from time to time, the regulations promulgated thereunder, and the code.

B. Administration and enforcement of the code within the Township of Penn shall be undertaken in any of the following ways as determined by appropriate action of the Board of Commissioners of the Township of Penn from time to time by adoption of a resolution:

(1) Designating an employee of the Township to serve as the municipal code official to act on behalf of the Township;

(2) Retaining one or more construction code officials or third-party agencies to act on behalf of the Township; and

(3) 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.

C. Administration and enforcement of the code within the Township of Penn may also be undertaken by:

(1) Entering into an agreement with one or more municipalities to provide for the joint administration and enforcement of this Act by the adoption of an ordinance approving an intermunicipal agreement pursuant to 53 Pa.C.S.A. Chapter 23, Subchapter A, relating to intergovernmental cooperation; or,

(2) Entering into a contract with another municipality for the administration and enforcement of this Act by the adoption of an ordinance approving an intermunicipal agreement pursuant to 53 Pa.C.S.A. Chapter 23, Subchapter A, relating to intergovernmental cooperation.

§ 63-33 Board of Appeals.

A. Pursuant to 35 P.S. § 7210.501(c) and 34 Pa. Code § 403.121, the Township of Penn hereby establishes a Board of Appeals consisting of five members.

B. The composition of the Board of Appeals is governed by the following:

(1) All members of the Board of Appeals shall 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, and training or experience as an inspector or plan reviewer.

(2) All members of the Board of Appeals hold office at the pleasure of the Township of Penn.

(3) Members of the Township of Penn's governing body and its code administrators may not serve on a Board of Appeals.

(4) The Township of Penn may fill a position on the Board of Appeals with a qualified person who resides outside of the Township of Penn when it cannot find a person within the Township of Penn who satisfies the requirements of this section.

C. The terms of the members of the Board of Appeals shall be for five years except that the terms of the initial members of the Board of Appeals shall be staggered so that the term of no more than one member of the Board of Appeals shall expire in any given year.

D. The Township of Penn may, at any time, establish a joint board of appeals through an intermunicipal agreement pursuant to 53 Pa.C.S.A. § 2301 through § 2315 (relating to intergovernmental cooperation).

§ 63-34 Effect on other regulations.

All ordinances, resolutions, regulations and policies of the Township of Penn not affected, modified or repealed by this article, the code, act or regulations, shall remain in fill force and effect.

§ 63-35 Fees and costs for administration and enforcement.

The Township of Penn hereby imposes and assesses fees and costs for the administration and enforcement of said code, Act, regulations, and this article, which fees and costs shall be established by the Board of Commissioners of the Township of Penn by resolution from time to time.

§ 63-36 Violations and penalties.

Any person, firm or corporation that violates any of the provisions of this article, the code, Act and/or regulations commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $1,000 and costs incurred by the Township in enforcement of said violation. Each day that a violation exists and continues shall be a separate violation.

§ 63-37 Effective date.

This article shall be effective July 1, 2004.