[HISTORY: Adopted by the Board of Supervisors of the Township of
Elizabeth as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-14-2004 by Ord. No. 2004-2]
This chapter shall be known and may be cited as the "Elizabeth Township
Construction Code Ordinance."
A.
By Act 45 of 1999,[1] the Pennsylvania Legislature provided for the adoption of a Pennsylvania
Uniform Construction Code and directed the Department of Labor and Industry
to promulgate regulations for the Uniform Construction Code. In 2002, the
Department of Labor and Industry adopted final regulations governing certification
and training of persons to administer the Uniform Construction Code, and on
January 10, 2004, the Department issued final regulations for the administration
of the Uniform Construction Code. The Uniform Construction Code incorporates
the International Building Code/2003, the International Residential Code/2003,
the International Existing Building Code/2003, the standards incorporated
into such publications by reference, and other publications as set forth in
the L & I Regulations. The Board of Supervisors desires to adopt and administer
the Pennsylvania Uniform Construction Code and establish administrative and
enforcement regulations.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
B.
In accordance with § 302(a) of the Pennsylvania
Construction Code Act, this article does not adopt the International Property
Maintenance Code and shall not be considered as a property maintenance code.
All Township regulations governing the maintenance of properties shall be
in ordinances separate and distinct from the Elizabeth Township construction
code.
[Amended 1-2-2007 by Ord. No. 2007-1]
The Township hereby adopts the standards which the Pennsylvania Department
of Labor and Industry has adopted as the Pennsylvania Uniform Construction
Code identified in Section 403.21 of the L & I Regulations, as such regulations
and standard codes adopted by such regulations may be amended from time to
time, as the Elizabeth Township Construction Code with the following additions
to the International Building Code/2006 or such future edition of the International
Building Code as may be adopted from time to time:
A.
BOARD OF SUPERVISORS
BUILDING CODE OFFICIAL
CONSTRUCTION CODE OFFICIAL
DEP
INTERMUNICIPAL AGREEMENT
L & I
L & I REGULATIONS
PENNSYLVANIA CONSTRUCTION CODE ACT
THIRD-PARTY AGENCY
TOWNSHIP
UNIFORM CONSTRUCTION CODE
Section 202, Definitions, shall be amended by inserting
the following definitions in alphabetical order:
The governing body of the Township.
A Township official or a third-party agency appointed by the Township
certified by L & I under § 103 of the Pennsylvania Construction
Code Act. The term includes an individual certified in a category established
under Chapter 401 of the L & I Regulations to manage building code enforcement
activities, supervise building inspectors or plans examiners, issue building
permits, occupancy permits, notice of violations and orders to vacate, and
initiate prosecutions.
A Township official or a third-party agency appointed by the Township
certified by L & I under § 103 of the Pennsylvania Construction
Code Act in an appropriate category established under Section 701 (b) of the
Pennsylvania Construction Code Act to perform plan review of construction
documents, inspect construction or administer and enforce codes and regulations
in that category under the Pennsylvania Construction Code Act or related statutes.
The Department of Environmental Protection of the Commonwealth of
Pennsylvania.
The agreement among Elizabeth Township, Lititz Borough and Warwick
Township establishing the Warwick Area Appeals Board.[1]
The Department of Labor and Industries of the Commonwealth of Pennsylvania.
All regulations adopted by L & I to implement the Pennsylvania
Construction Code Act.
Act 45 of 1999, 35 P.S. § 7210.101 et seq., as amended.
A person or firm duly appointed by the Board of Supervisors to act
as the construction code official in the administration of this construction
code.
The Township of Elizabeth, Lancaster County, Pennsylvania.
The Code adopted pursuant to the Pennsylvania Construction Code Act
and the L & I Regulations.
B.
Section 1612.3 is amended by inserting "Elizabeth Township"
and April 19, 2005, in the respective blanks.
C.
Section 3410.2 is amended by inserting the date of July
1, 2004, for residential dwellings and July 1, 2004, for nonresidential structures.
The Township hereby adopts the provisions of Chapter 1, Administration, of the International Building Code/2003 and the provisions of the L & I regulations set forth below to govern administration and enforcement of the Elizabeth Township construction code. The administrative provisions of other codes which L & I has made part of the UCC, including but not limited to the International Residential Code/2003, are not part of the Elizabeth Township construction code. The provisions of this Construction Code govern if there is a conflict with the provisions of the Codes set forth in § 403.21 of the L & I Regulations or the L & I Regulations relating to administration or enforcement. Changes from the International Building Code/2003, Chapter 1, and the L & I Regulations to the Elizabeth Township construction code are as follows:
A.
Section 101.1. Insert "Township of Elizabeth, Lancaster
County, Pennsylvania."
B.
Section 101.2 shall provide as follows:
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101.2 Scope. These regulations shall control all matters
concerning the construction, alteration, addition, repair, removal, demolition,
location, occupancy and maintenance of all buildings and structures and shall
apply to existing or proposed structures except as such matters are otherwise
provided for in other ordinances or statutes, including but not limited to
the Township Zoning Ordinance,[1] Stormwater Management Ordinance[2] or in the rules and regulations authorized for promulgation under
the provisions of this construction code. Whenever there is a conflict between
the provisions of this construction code and any other Township ordinance,
including but not limited to the Zoning Ordinance, it is the intent of the
Board of Supervisors that the more stringent requirement shall apply. All
construction which the Pennsylvania Construction Code Act[3] or the L & I Regulations exempt from compliance with the Uniform
Construction Code are exempt from the provisions of this construction code.
Items exempted from compliance with the Uniform Construction Code by § 403.1(b)
and 403.1(e) of the L & I Regulations do not have to comply with the construction
code but shall comply with all other applicable Township ordinances.
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C.
Section 101.3 shall be amended by adding the following
sentence to the existing section:
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It is the further intent of the Board of Supervisors that all construction
within the Township shall comply with the provisions of the Americans with
Disabilities Act and all applicable regulations to implement the Americans
with Disabilities Act promulgated by federal and state regulatory agencies
and with the code requirements for housing accessibility, and this code shall
be interpreted in a manner which fulfills this intent. It is also the further
intent of the Board of Supervisors to comply with the requirements of the
Pennsylvania Construction Code Act and the L & I Regulations.
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D.
Section 101.4.5 shall be deleted in its entirety.
E.
Section 103, Department of Building Safety, shall be
deleted in its entirety and a new Section 103, Administration, shall be inserted
which shall provide as follows:
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103.1 Building official. The Board of Supervisors shall
appoint a person or persons to serve as a building code official and a construction
code official as those terms are defined in the L & I Regulations. Both
the building code official and the construction code official shall be considered
the building official as such term is defined and used in this construction
code.
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103.2 Powers and duties of building code official and construction
code official. The building code official shall have all powers set
forth in the L & I Regulations and shall have the powers and duties of
the building official set forth in this construction code. The construction
code official shall have the powers set forth in the L & I Regulations
and may also have the powers of the building official set forth in this construction
code. The respective duties and responsibilities of the building code official
and the construction code official shall be determined by the Board of Supervisors
and shall be within the limitations of any certifications required or issued
by L & I.
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103.2.1 The building code official shall serve at the pleasure
of the Board of Supervisors. The building code official shall provide supervision
of the construction code official, receive uniform construction code permit
applications, address citizen inquiries, concerns and complaints, issuing
building permits, occupancy permits, and manage code enforcement activities,
including but not limited to issuing notice of violations and orders to vacate,
and initiation of prosecutions.
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103.2.2 The construction code official shall serve at the
pleasure of the Board of Supervisors. The construction code official shall
perform plan review of construction documents, issue construction code permits,
inspect construction, provide the building code official with reports of inspections
and recommendations upon issuance of certificates of occupancy, and administer
and enforce this construction code. The construction code official may be
a third party agency.
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103.3 Organization. The Board of Supervisors shall appoint
such other officers, technical assistants, inspectors and other employees
as shall be necessary for the administration of this construction code.
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F.
Section 104.4 shall be amended by inserting the following
language after the first sentence:
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The building official shall have the right to reject any report performed
by any individual or agency unless the permit holder has requested and obtained
the prior approval of the building official for such individual or agency
to perform such inspection. Any individual or agency performing such inspection
and providing such report shall demonstrate to the satisfaction of the building
official that such individual or agency has obtained all necessary certifications
from L & I.
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G.
Section 104.8 shall provide as follows:
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104.8 Liability. The Township and the building official
shall have all immunities and rights granted by the Pennsylvania Judicial
Code, including but not limited to Chapter 85.
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H.
Sections 105, Permits, 106, Construction Documents, and 111, Service Utilities, of Chapter 1 of the International Building Code/2003 shall not be a part of the Township construction code. The Township hereby adopts and incorporates §§ 403.41, 403.42, 403.42a, 403.43, 403.44, 403.47, 403.48, 403.61, 403.62, 403.62a, 403.63 and 403.66 of the L & I Regulations to govern applications for and issuance of construction code permits for nonresidential and residential construction with the changes set forth below:
(1)
Sections 403.42 (a) and 403.62 (a) shall be amended by
inserting the following at the end of the existing sections:
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It shall be the joint responsibility of the owner, lessee, if any, and
the contractor to determine that a construction code permit (and all other
required permits and approvals) has been obtained before performing any work.
It shall be unlawful for any contractor or subcontractor to perform any work
for which a construction code permit is required unless the owner and contractor
obtain and post a construction code permit as required by this construction
code.
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(2)
Sections 403.42a(b) and 403.62a(b) shall be amended by
inserting the following at the end of the existing sections:
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At the time of filing an application for a construction code permit,
the applicant shall present to the building code official adequate evidence
that the applicant has obtained from all governmental authorities having jurisdiction,
all permits, licenses, approvals and/or variances required in connection with
the proposed use, occupancy, construction, enlargement, alteration or demolition.
Such agencies shall include but not be limited to the Zoning Officer, Zoning
Hearing Board, Lancaster County Conservation District, public water service
provider (where public water service is proposed), Sewage Enforcement Officer
(where on-lot sewage disposal is proposed) or public sewage service provider
(where public sewer service is proposed), State Police Fire Marshal, DEP,
L & I, and the Pennsylvania Departments of Community and Economic Development
and Transportation. No application for a construction code permit is complete
without a copy of any required zoning permit and proof of any required subdivision
and/or land development approval and stormwater management plan approval.
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(3)
Sections 403.43(h) and 403.63(h) shall be amended by
inserting the following at the end of the existing sections:
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The applicant shall post a copy of the Construction Code permit at a
location on the property clearly visible to members of the public.
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(4)
In addition to all types of construction, placement of
structures, repairs and alterations for which the Uniform Construction Code
requires a permit, the Township, pursuant to the authorization of Act 92 of
2004, shall require persons to obtain permits under the Elizabeth Township
Construction Code for all of the following:
[Added 6-13-2005 by Ord. No. 2005-3]
(a)
The construction, erection or placement of any accessory
structure which is equal to or greater than 400 square feet, whether or not
such accessory structure is connected to any utility.
(b)
The construction, erection or placement of any accessory
structure which is less than 400 square feet if such accessory structure is
provided with any utility service. The applicant shall obtain a permit only
for the purpose of inspection for the utility or utilities being installed
or provided to the accessory structure.
(c)
All alterations or repairs to residential buildings which
are exempt from the UCC by Act 92 of 2004; provided, however, that the following
types of alterations and repairs shall continue to be exempt and no permit
will be required:
[1]
Replacement of windows and doors when there is no change
in the size of the existing opening.
[2]
Reroofing of less than 25% of the total existing roof
square footage.
[3]
Replacement of a hot-water heater, boiler or furnace,
or the replacement of any part of a hot-water heater, boiler or furnace with
the same efficiency rating, electrical and plumbing requirements.
[4]
Addition or replacement of siding on the exterior of
the residential structure.
[5]
Repair or replacement of any nonstructural portion of
a deck, porch or stoop.
[6]
Replacement of an appliance switch or receptacle with
a switch or receptacle which is the same or has a like rating.
[7]
The addition of one appliance switch or receptacle.
[8]
The repair or replacement of any nonstructural member.
[9]
The repair or replacement of any sink, toilet, tub, shower
or similar plumbing fixture without relocation of any drain or venting device.
I.
A new Section 108.1.2 shall be inserted which shall provide
as follows:
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108.1.2 Time of payment of fees. An applicant for a permit
under this construction code shall pay the Township's administrative
fee to the Township at the time of application. Prior to the issuance of a
construction code permit, the applicant shall pay to the construction code
official the plan review fee and the estimated fee for all inspections required.
If additional inspections become necessary during the costs of construction,
the applicant shall reimburse the construction code official for all such
costs within 15 days after the date of an invoice for such costs. An applicant
shall pay to the construction code official all fees and costs incurred for
all inspections required during the course of construction prior to the issuance
of a certificate of use and occupancy for the structure for which a construction
code permit has been issued.
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J.
Section 108.4 shall be revised to provide:
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108.4 Work commencing before permit issuance. Any person
who commences any work on a building, structure, electrical, gas, mechanical
or plumbing system before obtaining the necessary construction code permits
shall be subject to an additional fee for expedited processing which shall
be equal to the fee which should have been paid at permit application. The
expedited processing fee shall be paid in full in addition to the normal application
fee prior to the issuance of a construction code permit.
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K.
Section 108.6 shall be deleted in its entirety.
L.
Sections 109.3, 109.4, 109.5, and 109.6 of the International
Building Code/2003 shall be deleted and the Township hereby adopts §§ 403.45,
403.64, and 403.86 of the L & I Regulations governing inspections with
the changes set forth below:
(1)
Sections 403.64(g) shall be deleted in its entirety.
M.
Section 110, Certificate of Occupancy, of the International
Building Code/2003 is deleted. The Township adopts §§ 403.46
and 403.65 of the L & I Regulations governing certificates of occupancy.
Sections 403.46 and 403.65 of the L & I Regulations are amended as follows:
(1)
Section 403.46(b) is amended by adding the following
subsections:
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(10)
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A statement that the issuance of a certificate of occupancy shall not
be deemed permission to occupy the structure or commence a use if any other
ordinance requires the issuance of a permit or certificate prior to use and
occupancy.
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(2)
Section 403.65(b) is amended by adding the following
subsections:
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(9)
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A statement that the issuance of a certificate of occupancy shall not
be deemed permission to occupy the structure or commence a use if any other
ordinance requires the issuance of a permit or certificate prior to use and
occupancy.
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N.
Section 112, Board of Appeals, shall be amended in its
entirety to provide as follows:[4]
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112.1 Board of appeals. The Township hereby appoints the
Warwick Area Appeals Board as the board of appeals under the Elizabeth Township
Construction Code. Members of the Warwick Area Appeals Board shall be selected
in accordance with the intermunicipal agreement.
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112.2 Authority of board of appeals. The board of appeals
shall hear and rule on appeals, requests for variances and requests for extensions
of time. An application or appeal shall be based upon, and the board of appeals
in making its decisions shall consider, those factors set forth in the L &
I Regulations.
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112.3 Membership of board of appeals. A member of the board
of appeals shall be qualified by training and experience to pass on matters
pertaining to building construction. Members of the governing body may not
serve on the board of appeals. A board of appeals member may not cast a vote
or participate in a hearing in any appeal, request for variance or request
for extension of time in which the member has a personal, professional or
financial interest.
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112.4 Operation of board. The board of appeals may establish
policies and procedures necessary to carry out its duties in accordance with
the intermunicipal agreement. The board shall annually select one of its members
to serve as chairperson and one of its members to serve as vice chairperson,
The board of appeals shall keep minutes of its meetings and file a written
decision on all appeals under this construction code. The board of appeals
shall provide notice of and conduct its meetings in accordance with the Sunshine
Act, 65 Pa. C.S.A. § 701 et seq.
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112.5 Procedures for applications and appeals. Any person
desiring to file an application or appeal to the board of appeals may file
such appeal with the building code official. All applications and appeals
to the board of appeals shall be in writing and shall specify the section
of this construction code from which relief is sought or the action of the
building official which is the subject of the appeal. The written application
or appeal shall state all of the grounds for the application or appeal and
shall include any necessary plans or specification to provide the board of
appeals with information to evaluate the application or appeal and shall include
the fee. No application appeal will be considered complete without the necessary
appeal fee. Any appeal from a determination of the building official shall
be filed within 20 calendar days of the determination.
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112.5.1 Hearings. An applicant or appellant who desires
to present testimony to the board of appeals shall request a hearing in the
application or appeal. If the applicant or appellant does not request a hearing,
it will be assumed that the board of appeals may render its determination
based on the written information submitted with the application or appeal
and any additional information available to members of the board of appeals.
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112.5.2 Parties. The Township shall be considered a party
to all appeals or applications filed with the board of appeals. Other persons
affected by the appeal or application who have made timely appearances of
record may also be recognized as parties to the appeal or application.
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112.5.3 Decision. The hoard of appeals shall render its
decision in writing within any time periods imposed in state laws or L &
I Regulations. The board of appeals shall provide the applicant or appellant,
the building official and the Township with copies of the appeal.
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O.
Section 113, Violations, shall provide as follows:
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113.1 Unlawful acts. It shall be unlawful for any person,
firm or corporation to erect, construct, alter, extend, repair, remove, demolish,
use or occupy, or to permit the erection, construction, alteration, extension,
repair, removal, demolition, use or occupancy of, any building or structure
or equipment regulated by this Construction Code, or cause same to be done,
in conflict with or in violation of this Construction Code. It shall also
be unlawful for any person to place inaccurate or misleading information on
an application or plan or to omit relevant information from an application
or a plan submitted to the Township.
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113.2 Notice of violation. The building official may serve
a notice of violation on any person responsible for the erection, construction,
alteration, extension, repair, removal, demolition, use, permission to use,
occupancy, or permission for occupancy of a building or structure or equipment
in violation of the provisions of this construction code, or in violation
of a detailed statement or a plan approved thereunder, or in violation of
a permit or certificate issued under the provisions of this construction code.
Such notice shall order discontinuance of the illegal action or condition
and the abatement of the violation. Notwithstanding the foregoing, it shall
not be a defense to an enforcement action that the building official did not
serve or that the defendant did not receive a written notice of violation
prior to the institution of the enforcement action.
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113.2.1 If an inspection reveals a violation of this construction
code, the construction code official shall discuss the inspection results
with the permit holder at the completion of the inspection.
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113.2.2 When a violation relates to an unsafe building,
structure, or equipment, the building official shall proceed in accordance
with § 403.84 of the L & I Regulations.
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113.3 Prosecution of violation. If the building code official
has served a notice of violation and the notice of violation is not complied
with within the time specified by the building official, or if the building
code official determines that there is insufficient time to serve a notice
of violation or that such notice of violation will have no practical or beneficial
effect, the building code official shall notify the Board of Supervisors of
the violation and shall request the Board of Supervisors to authorize institution
of enforcement proceedings against the violator and/or authorize the Township
Solicitor to institute the appropriate proceedings at law or in equity to
restrain, correct or abate such violation or to require the removal or termination
of the unlawful use of the building or structure in violation of the provisions
of this construction code or of the order or direction made pursuant thereto.
Notwithstanding the foregoing, the building code official may institute summary
enforcement proceedings without prior authorization of the Board of Supervisors.
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113.4 Violation penalties. Any person who shall violate
a provision of this construction code or who shall fail to comply with any
of the requirements thereof or who shall erect, construct, alter, extend,
repair, remove, demolish, use or occupy, or permit the use or occupancy of,
any building or structure or equipment regulated by this construction code
in violation of the provisions of this construction code or of an approved
plan or of a directive of the building official or of a permit or certificate
issued under the provisions of this construction code or who shall permit
the use, occupancy, erection, construction, alteration, extension, removal,
demolition or repair of the building or structure or equipment in violation
thereof, shall, upon being found guilty in an enforcement proceeding commenced
by the Township, pay a penalty of not less than $200 and not more than $1,000
for each violation plus all costs of prosecution, which fines and penalties
may be collected as provided by law. Each day that a violation continues shall
be deemed a separate offense, and each section of this construction code which
is violated shall be deemed a separate offense. The building official may
request the Police Department to make arrests for any offense against this
construction code or orders of the building official affecting the immediate
safety of the public.
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113.5 Abatement of violation. The imposition of the penalties
herein prescribed shall not preclude the Township Solicitor or the building
official from instituting appropriate action to prevent the unlawful construction
or to restrain, correct, or abate a violation, or to prevent illegal occupancy
of a building, structure or premises or to stop an illegal act, conduct, business,
or use of a building or structure on or about any premises.
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P.
Section 114.3 shall provide as follows:
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114.3 Unlawful continuance. Any person who shall continue
any work in or about the structure after having been served with a stop work
order, except such work as that person is directed to perform to remove a
violation or unsafe condition, shall commit a violation of this construction
code and shall be subject to penalties or fines as provided in Section 113.4
and remedies as provided in Section 113.5.
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Q.
Section 115, Unsafe Structures and Equipment, of the
International Building Code/2003 is deleted. The Township adopts § 403.84
of the L & I Regulations governing unsafe buildings, structures, or equipment.
R.
Table R.301.2(1) of the international Residential Code/2003
is hereby completed by inserting the following information:
(1)
Ground snow load: 30 pounds per square foot.
(2)
Wind speed (mph): 90 mph.
[Amended 6-13-2005 by Ord. No. 2005-3]
(3)
Seismic design category: A.
(4)
Weathering: severe.
(5)
Frost line depth: 36 inches.
(6)
Termite: moderate to heavy.
(7)
Decay: slight to moderate.
(8)
Winter design temperature: 10.
(9)
Ice shield underlayment required: Yes.
(10)
Flood hazard: September 16, 1980.
(11)
Air freezing index: 750.
(12)
Mean annual temperature: 50.
